Burglars ordered to repay stolen goods

MPHO MOKWAPE
Correspondent | Thursday August 9, 2012 00:00

The accused, Alois Dlodlo, Butheliwe Sibanda and Micheal Mzwinila, allegedly broke into 61-year-old Motshepa Nombolo's Tlokweng home in November 2009 and stole goods, among them cash and cellphones.

Giving evidence, Nombolo told the court that the three accused persons broke into her house at night and stole two Motorola and LG cellphones, as well as cash amounting to P2,468 together with R2,404. She told court that from the stolen goods, a total of R1,450, P2,460 and a Motorola cellphone were recovered from the accused persons.

She further told court that the LG cellphone that was never recovered was worth P700. She firmly told the court that she wants the three accused to return her goods. The court ordered all the accused to pay Nombolo R318 each for the R954 not recovered and P236 each for the value of the LG cellphone and the P8 not recovered during the arrest. Magistrate Ngandu reminded the accused persons to pay before December 31, 2012 and advised Nombolo that after that, she is free to apply for prosecution. During mitigation Michael Mzwinila called two witnesses to mitigate on his behalf. The officer-in-charge of Maximum Prison, Shakani Thami told court that he has known the accused person since 2009 when he was brought to prison.

He told court that giving the accused custodial sentence would be of no benefit as he has since reformed. He said Mzwinila has since shown leadership skills as he was sent to study a Bible course and is an unlikely threat to society. Another Prison Officer at Village Maximum Prison echoed Thami's sentiments as he said he has known Mzwinila since 2010 and that he has been good - even helping to rehabilitate other inmates through the word of God.

In his mitigation Mzwinila told court that having served jail for previous convictions has made it difficult for him to find a job, which led to his desperation to steal. He begged the court not to impose a custodial sentence, as he was willing to compensate the complaint even though he did not know where the money went as he was arrested immediately after the robbery.

He further asked court to consider that he was attacked by a mob, which resulted in him sustaining a back injury that he will carry for the rest of his life and that he has also been serving jail for the matter and he is a born again Christian. During mitigation Sibanda asked the court to have mercy and not impose a custodial sentence, as he has two children who will suffer if he goes to jail. He said for the three years he has been in jail he did not know how they have been doing.

During mitigation Dlodlo asked court to consider the time he spent in jail, and give him a custodial sentence less than 10 years. He further told court that he has a child who is in standard two, who will suffer if he goes to jail for long. He also pleaded with government that the court should consider that he was beaten by a mob in 2009 which resulted in him sustaining painful leg injuries. All the three accused will be sentenced today.