10, 14yrs for men who broke into Nash’s home
MANZINI - “Do not resort to shortcuts, for they lead to sin.”
Two accused persons were given this advice by Magistrate Sicelo Lokothwayo during their trial at the Manzini Magistrates Court on Friday.
Zwakele Brian Mabuza (38) of Fairview, who is a boilermaker, and Sibusiso Mlungwane Makhanya (47), a farmer, broke into the homes of clergymen Bishop Dr Nash Shongwe and Frederick Mulubwa at Fairview South. They stole washing machines, clothes and household items.
The pair was charged with housebreaking with intent to steal and theft and contravening the Theft of Motor Vehicle Act. Mabuza was slapped with two counts of housebreaking with intent to steal and theft, two of theft and another of contravening the Theft of Motor Vehicle Act. His co-accused, Makhanya, was facing three counts; two of housebreaking with intent to steal and theft.
Crimes
During sentencing, Magistrate Lokothwayo said the crimes committed by the duo were serious, especially housebreaking. These offences, according to the magistrate, nowadays attracted custodial sentences. The magistrate alluded to that he was required to exercise mercy, considering the triad; interest of society of the accused persons and the offences. “What you did was taking a shortcut, which leads to sin. It is a shortcut that will have long-lasting repercussions. Do not ever do this again. If I could have it my way, both of you should pray to God and repent, and never do this again,” Lokothwayo said.
He added that there was no need for what they did. The magistrate said some people wished to be able-bodied like the accused and also have the equipment they had. He advised them to be creative and explore other avenues to generate income.
Mabuza was sentenced to 14 years imprisonment with an option of a fine of E24 000. Counts two and three are to run concurrently and counts one, four and five will run consecutively. Makhanya was sentenced to 10 years imprisonment with an option of a fine of E16 000. The sentences are to run concurrently. In his evidence-in-chief, Bishop Shongwe told the court that his driver had informed him that two batteries were missing from his vehicle on July 26, 2022. The bishop said he called his security guard and enquired about the missing batteries.
The man of the cloth narrated that he reported the theft to the police, who responded promptly and later informed him that they had caught a suspect (Mabuza) who admitted to having stolen the batteries. He further revealed that on August 8, 2022, at about 2:30am, he heard his security guard raising the alarm.
“I went outside and found my son and grandson outside with Makhanya and he was assaulted by my son. I advised them to stop and spare his life and they did. The other accused had fled,” the bishop relayed.
The man of the cloth stated that he found the washing machine together with some clothing items outside. He said they immediately called the police who arrived and took the accused person. He said the stolen items were estimated at around E17 000 and they included his late son’s two coats.
Mulubwa told the court that on August 6, 2022, in the early hours of the morning, his wife informed him that the curtains which she had left overnight at the laundry line were missing. He said they went outside to inspect and found that a washing machine and clothes were missing, and the burglar door was broken. He said he went to the police station to report and two officers came to his house to investigate. He said the stolen items, which included clothes belonging to his wife and children, were valued at approximately E6 360.
Mulubwa further narrated that on the following day (August 7), he was preparing for church when his wife informed him that their children’s two cellphones were missing. He said they wondered how the cellphones could have been stolen as there were no traces of where they were taken. He said they woke their children and asked where they had left their cellphones. According to Mulubwa, the children left the phones on the table where they had usually left them, but they could not be found. He said he informed the police, who also came and discovered that the thieves used a small hole to open the window and steal the cellphones. The hole was later sealed. He further disclosed that the police later called them and said they had recovered some pegs, a washing machine and other items. Mulubwa said the accused persons said other items were lost along the way.
Clothes
Meanwhile, according to the charge sheet, in the first count, Mabuza broke into the bishop’s house on August 8, 2022 and stole a washing machine, two steam irons, as well as clothes. The items were valued at E10 050.
In the second count, the accused further broke into the clergyman’s Toyota Hino registered WSD 341 DM. Mabuza stole two Willard batteries belonging to Bishop Shongwe.
They were both valued at E6 000. In the fourth count, he broke into Mulubwa’s home on August 6, 2022 and stole a washing machine, clothing items, washing basket and curtains. The items amounted to E6 360.
He further broke into Mulubwa’s homestead and stole two cellphones valued at E3 300. In mitigation, Mabuza requested the court to be lenient during sentencing. He said he was a boilermaker and grass cutter. He said he had four children and their mothers depended on him for their livelihood. Mabuza said one of his children had a disability. The co-accused said he was a farmer and had five minor children who also depended on him for their livelihood.