with contravening the Telecommunications Act that criminalises receiving or taking possession of any telecommunication infrastructure material. In Zimbabwe crimes of this nature attract a mandatory sentence of not less than 10 years unless there are special circumstances; but the court found none. In passing sentence Harare magistrate Mr Donald Ndirowei said Chitsamba committed a very serious offence.
“In this case there are no special circumstances to warrant the court to disregard the mandatory sentence,” said Mr Ndirowei.
Prosecutor Mr Nyikadzino Machingura had urged the court to impose a mandatory sentence on the basis that crimes of this nature were prevalent.
On August 26, a security guard manning the TelOne poles saw Chitsamba carrying two bags. Chitsamba ran away and was caught by the guard. He failed to give a satisfactory answer as to where he got the wires leading to his arrest.
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