Bid to impress pregnant wife lands Somabhula man in prison
By Dumisani Ndlovu
A Somabhula man who sold stolen cattle as a strategy to raise income for buying preparation for his 7 months pregnant wife was sentenced to ten years in prison for stock theft.
Clive Ncube (26) of plot number 17 farm resettlement area, Somabhula, on the outskirts of Gweru pleaded guilty to the charge when he appeared before Gweru magistrate, Beaulity Dube.
Ncube who was identified in the court as accused person number 1 was convicted and sentenced to ten years imprisonment term. One year was suspended on conditions that he pay US$630 to the complainant, Joice Sibanda as compensation for her unrecovered stolen oxen.
Ncube appeared in court together with Enock Sibahle and Christopher Dende, identified in court as accused person number 2 and 3 respectively. They were core charged of stock theft as defined in Section 114 (2) (a) (ii) of the criminal law codification and reform act chapter 9:23 which Ncube however scoffed at while distanced them from having participated in committing the crime. He told the court that the two were not part of his stock theft syndicate.
“Your worship, I wonder why these two are here, both the first and second accused persons did not commit the crime, I was with my young brother and a friend who are still at large,” Ncube told the court.
According to state papers, accused number 3, Dende took accused number 1’s identity card from his homestead and a stock card belonging to accused person number1’s father Sunday Ncube and drove the stolen cattle from accused number 1’s cattle pen where they were enclosed and went to Cyndrella farm dip tank and met Ncube who was with the cattle buyer, Fungai Mudzorwi of Woodlands, Gweru.
The court also heard that Ncube received the cattle knowing were stolen.
“The accused, Ncube brought the buyer Fungai Mudziorwi of Woodlands who paid US$620 for the two beasts. He told the buyer that he was instructed by his father whose name was written on the stock card to sell the oxen on his behalf since he was far away. After payment was done in cash to him, Clive Ncube took the cattle back to his cattle pen where he kept them while waiting for the buyer who had gone to Gweru to process police stock clearance and animal movement permit papers so that she would take the cattle to PaMhofu Abattoir in Zvimba for slaughter,” the state said.
Agreed facts are that on a date unknown to the prosecutor but between 13 and 17 March 2024, the complainant, Joyce Sibanda went to Danni Mountain for a church program and left the cattle in custody of her head boy, Nqabutho Ndlovu. During her absence, the offender together with Michel Sibanda and Gugulethu Sibanda hatched a plan and stole the complainant’s two oxen and drove them to the convict, Ncube’s resident for safe keeping whilst looking for a buyer.
“On the 18th of March 2024 the complainant came back and found the cattle missing. He assigned the heard boy to look after them but could not locate them.
“The complainant was summoned to the village head’s homestead so that she could come and identify her cattle in the present of police officers. Upon arrival at the headman’s homestead the oxen could not be located in the paddock where they were being kept,” the state said.
Police got a tip-off following a report of stock theft and indications that the offender had two unknown beats tied together at the cattle pen and awaiting collection by the buyer. They attended the scene and Ncube was arrested. The cattle were not recovered.
On her submission Public Prosecutor, Ruvimbo Mutemen said” It seems the accused has no special circumstances to tender, hence this court should proceed with the mandatory sentence as stipulated by the law.
The Prosecutor, the stock was not recovered, the accused benefitted from the crime, the complainant lost he property hence the courts must exercise its powers by passing a deterrent sentence that will teach members of the public that stock theft is a serious crime.
“Livestock are valuable assets. It will taint the court’s image if the court treats this case with lenience, The accused should be sentenced a stipulated mandatory 9 years, “said Prosecutor Mutemen.
The court found Clive Ncube guilty in terms of Section 271 (2) (b) of the Criminal Procedure and evidence act Chapter 907. He was convicted and sentenced him while accused person number 2 and 3 were remanded in custody to the 3rd of April 2024.
