Sebele gets 4-year jail term

ISAIAH MOREWAGAE
Staff Writer | Tuesday February 9, 2010 00:00

As if that was not painful enough, magistrate Dumisane Basupi has also ordered Sebele to compensate one state witness, Fraiser, the two goats that he (Sebele) forcefully took from him.

Basupi also found that the offence of stock theft has become prevalent and a clear message that the courts do not condone such, had to be sent to potential perpetrators. 'Accused is a chief who, according to the mitigation, has dealt with many customary court cases. I have no doubt that he has tried stock theft matters. Here, he is expected to lead by example. Having done the opposite, I find this an aggravating factor. This is because he knows very well what the consequences of stealing stock are', Basupi said. He wondered what led Sebele to steal a goat because the evidence led in court showed that he has many goats, owns tractors, cattle as well as a cattle post, field and has motor vehicles.

He said that even though he agreed with defence attorney, Shame Taimu that at the age of 65 years, Sebele is a senior citizen, he added that this should not reduce his moral blame worthiness. 'This therefore, I find to be a mitigatory factor. It is not an exceptional extenuating circumstance. I say so because the accused age of 65 years does not reduce his moral blame worthiness', Basupi said.

He further told the court that whereas a prescribed minimum sentence is mandatory in terms of the Act, I believe the stock stolen had extenuating circumstances'. 'This warrants the imposition of less than five years', Basupi said. Basupi gave Sebele leave to appeal, something which Sebele's attorney welcomed. Taimu has already notified the court about their intention to appeal soon.

With the courtroom filled to capacity, murmurs broke out when magistrate Basupi made the announcement that Sebele would serve his sentence. The public came in large numbers to get first hand information on the future of their leader. Just as Basupi went into chambers, Sebele's well-wishers and others rushed to shake hands and chat with him before he was whisked away by prison officials to begin his sentence. Amongst those in attendance, were members of the Bakwena royal family including the nominated councillor, Kabo Sebele who wished his convicted relative, the best of luck during 'these difficult times'.

Sebele was convicted of stealing a billy goat worth P800 belonging to Mhiko Gabatlale of Sojwe. Basupi found in his judgement that the defence's six witnesses that were called to give evidence in court were unreliable making it difficult for the court to trust and rely on them.