Pupil blames alcohol for stealing safe, E2 730
MBABANE – A Form V pupil yesterday stunned the court and those present when he openly told Acting Magistrate Simo Simelane that he committed an offence while under the influence of alcohol.
The pupil, *Mfana appeared at the Mbabane Magistrates Court along with Bhekisisa Mngometulu, charged with theft of money and a safe at Ebuka in Ezulwini.
According to the charge sheet, the safe was stolen with money amounting to E2 730.
Mfana told the court that he was already drunk when he proceeded to the shop with Mngometulu.
He claimed that his sole intention was to buy chips.
“I may never know what actually took place on the day in question because I was drunk. I went to the shop to buy chips; little did I know that Mngometulu would steal the safe. I have been longing to state my side of the story,” he said.
Magistrate Simelane asked Mfana if it was a good thing to drink alcohol while still a pupil.
The magistrate wondered why Mfana was not working on getting good results considering the lessons missed due to COVID-19.
“Did someone pour the alcohol into your mouth?” asked Simelane. In response, Mfana stated that he drank the alcohol on his own volition.
Simelane lamented the fact that Mfana would have a criminal conviction at the age of 22.
Coming back to the offence, Simelane told the duo that they could not dim one’s light in order to get their shine.
Money
The judicial officer stated that it was clear that the duo committed the offence just to get money so that they could continue with their drinking. He observed that the offence was committed while most business owners were recovering from COVID-19.
The duo was sentenced to 10 months with an option to pay a fine of E1 000 each. The money and the safe were recovered and presented in court as part of exhibits.
Mngometulu was facing an additional charge of malicious damage to property in that he damaged windows of his brother, Thulani’s property.
He pleaded guilty when the charge was read to him. However, he claimed that his brother had on numerous occasions provoked him.
He told the court that Thulani entered his house, where he was sleeping with his lover and his child.
Upon entry into the house, Bhekisisa claimed that Thulani attempted to sleep with his lover. “He laid a charge against me claiming I had assaulted him; however, I was acquitted and discharged at the national court after I stated my side of the story. I opened a case at the Ezulwini Police Post but nothing was done to my brother,” Bhekisisa said.
Lover
He further told the court that he was only called by an investigator from the Lobamba Police Station after having reported the matter. “I broke the windows after my brother had threatened to sleep with my lover in my presence,” he alleged.
Simelane said he had no reason to doubt Bhekisisa’s theory. He stated that it would be disappointing if the police officers did nothing about the matter after it was reported to them.
The judicial officer said police officers ought to have followed every detail in order to get to the bottom of the matter. “It is clear that the domestic issue had taken so long. You should have reported the matter to higher authorities so that justice can be served. Investigators are also monitored by their superiours,” the acting magistrate said.
Simelane warned Bhekisisa to solve his family issues as opposed to using violence. He was sentenced to 10 months imprisonment with the option to pay a fine of E1 000.
* Not real name.