Kirby Reserves Judgment In Sebele Appeal

ISAIAH MOREWAGAE
Staff Writer | Monday March 29, 2010 00:00

The ex-president of the Customary Court of Appeal wants the High Court to reverse the decision of Molepolole Magistrate, Dumisane Basupi, who convicted and sentenced him early this year.

On Friday, Kirby heard arguments from Sebele's attorney, Shame Taimu as well as Thabo Malambane from the Directorate of Public Prosecutions.

Taimu submitted that the magistrate erred in finding that the state has proven its case beyond reasonable doubt.He said that the state failed to prove that there was an intention to steal on the part of Sebele. He said Sebele obtained the billy goat in question in a transparent manner. Taimu submitted that it was in evidence that Sebele lost 61 goats in 2001 and the billy goat was one of them. He told the court that Sebele went to report the missing goats and some prosecution witnesses concurred with what his client said.

Taimu stressed that there is no case of mistaken identity and the billy goat belonged to Sebele. He told the court that some of the state witnesses are the ones who stole the goat, which belonged to Sebele. He added that one of the state witnesses, a certain Fraizer stole the goat and he kept it at his kraal where it sired 17 off-spring. He said that the complainant Mhiko Gabatlale stole the same goat and went on to report that Sebele had stolen it to cover his (Mhiko's) tracks. 'The goat was stolen twice, first by Fraizer and then by the complainant,' Taimu said.

On the other hand, Malambane submitted that the state has proven its case beyond reasonable doubt. He said that some of the witnesses submitted contradictory statements because they feared Sebele. He told the court that Sebele intimidated witnesses who feared him hence they advanced his course. 'The conduct of the appellant can be so aggressive even before another chief,' Malambane said.

He told the court that some witnesses gave evidence during cross-examination contradicting their written statements because they now felt safe before the court. Sebele has been jailed for four years after he was convicted for stealing a billy goat worth P800 belonging to Gabatlale of Sojwe.