Three Batswana accused of taking a car from Molepolole into Zimbabwe face theft and immigration charges, with their first court appearance made without lawyers.
BONGANI MALUNGA
Three Batswana accused of stealing a vehicle in Molepolole and driving it into Zimbabwe face a cross-border legal battle involving alleged vehicle theft, immigration offences and a lack of legal representation at their first court appearance.
According to a report published on Tuesday by Zimbabwe’s Herald/Chronicle, David Mofele, 56, Michael Mogome, 48, and Thabang Situlo, 41, appeared before Bulawayo magistrate Patience Ururu on Saturday on charges of theft of a motor vehicle and contravening Zimbabwe’s Immigration Act.
Stolen Vehicle
Prosecutors allege that the three stole a black Honda Fit belonging to 35-year-old Molepolole resident Dabona Sekebola on 19 October and drove it into Zimbabwe the following day through an unauthorised entry point. The vehicle, valued at US$6,000, was subsequently recovered.
The trio were arrested on 23 October at Rockhaven Lodge in Burnside, Bulawayo, where police allegedly found them attempting to sell the vehicle. Prosecutor Hazel Ncube told the court that checks showed the accused were foreigners without documents authorising them to remain in Zimbabwe.
No Lawyers
The Herald reported that none of the three had legal representation when they appeared in court. They were remanded in custody until 9 November and advised that they could appoint lawyers at their own expense and seek bail before the Bulawayo High Court.
Zimbabwe’s Constitution provides for the right to legal representation at an accused person’s own expense, with state-funded assistance where “substantial injustice” would otherwise result. It also guarantees adequate time and facilities to prepare a defence.
Jurisdiction Question
Section 113 of Zimbabwe’s Criminal Law (Codification and Reform) Act provides for penalties for theft of up to a level 14 fine or twice the value of the stolen property, imprisonment of up to 25 years, or both. These are statutory maximums, not sentences imposed on the three accused.
Under Section 121, theft is treated as a continuing offence. This may allow a Zimbabwean court to try an accused person found in possession of stolen property there, even where the property was allegedly stolen outside the country.
Immigration Charges
Zimbabwe’s Immigration Act regulates entry through designated ports, requires valid travel documents and governs foreigners’ permission to remain in the country. The alleged immigration breaches are separate from the vehicle theft charge.
Securing legal representation may prove important if the accused seek bail, contest the immigration allegations or challenge the prosecution’s case. All three remain presumed innocent unless proven guilty.