Sebele to be sentenced tomorrow

ISAIAH MOREWAGAE
Staff Writer | Tuesday February 2, 2010 00:00

 

Yesterday, Magistrate Dumisane Basupi postponed the sentencing after mitigation by defence attorney, Shame Taimu. Taimu pleaded with the court to be lenient with Sebele, arguing that he (Sebele) led a crime-free life before the alleged goat theft case. The 65-year-old Sebele is said to be suffering from chronic ulcer, something that his attorney said, needs constant medication.

Taimu also pleaded with the court to temper justice with mercy as Sebele had contributed immensely to the development of customary justice in the country. The court, which was packed to capacity, also heard that Sebele had no previous convictions, hence Taimu urged the court to treat his client as a first offender.

Taimu also asked the court to take into consideration the fact that Sebele is also looking after his wife who is suffering from high blood pressure and his three sisters all with chronic conditions.  'His two sisters are diabetic, while the other one is handicapped. They are all dependent on Sebele,' Taimu submitted.

On the other hand, Prosecutor Thato Dibeela did not dispute the fact that Sebele has contributed immensely to his tribe and the country at large. Dibeela urged the court not to lose focus when dispensing justice.

She found nothing in court records that suggests that his morale blameworthiness could be reduced. She quoted Section 27 (4) of the Penal Code, which outlines what constitutes exceptional extenuating circumstances.

She said in the case of Sebele, there is nothing even from the mitigation that can reduce Sebele's moral blameworthiness. Dibeela stressed that the court can only temper justice with mercy and impose a lesser sentence than the mandatory minimum sentence stipulated in the Penal Code.

Sebele was convicted of stealing a billy goat worth P800, the property of Mhiko Gabatlale of Sojwe. Basupi found in his judgement that the six defence witnesses, who gave evidence in court, were unreliable thus making it difficult for the court to trust and rely on their evidence.

Sebele faces a possible five-year jail term Taimu fails to convince the magistrate otherwise. Section 3 (1) of the Stock Theft Act reads: 'Any person who steals any stock or produce, or receives any stock or produce knowing or having reason to believe it to be a stolen stock or produce, shall be guilty of an offence and, notwithstanding the provisions of any other written law, shall be sentenced for a first offence to a term of imprisonment for not less than five years or more than 10 years without the option of a fine, and for a second or subsequent offence to a term of imprisonment for not less than seven years or more than 14 years without the option of a fine.'