Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A SUSPECTED cattle rustler from Gwanda allegedly stole 40 cattle worth about $30 000 at a farm in Mazunga area in Beitbridge district.
This emerged when Edgar Ndlovu (43) of Chief Marupi area in Tuli filed an application for bail pending trial at the Bulawayo High Court, citing the State as the respondent.
Edgar, who is suspected to be a member of cattle rustling syndicate, allegedly connived with Forgive Ndlovu who is still at large and Sternford Ndlovu and they went to Section 3 in Mazunga.
Sternford has since been convicted and sentenced to 20 years in jail for the same offence.
They spotted 40 cattle belonging to Mr Gift Mudau which were grazing at Mazunga and drove them to Edgar’s homestead.
Edgar appeared before a Beitbridge magistrate in October facing stocktheft charges and he was denied bail.
Aggrieved by the magistrate’s decision, Edgar, through his lawyer, Mr Simba Mawere of Morris-Davies and Company, noted an appeal at the High Court.
In his bail statement, Edgar said he has demonstrated and discharged the onus on himself that in the interest of justice he would not abscond if released on bail.
He said if granted bail, he would not interfere with State witnesses.
Edgar argued that the State’s assertion that he would abscond if granted bail were not backed by tangible evidence.
The State, which was represented by Mr Kudakwashe Jaravaza, opposed the bail application, arguing that there was no guarantee that if granted bail Edgar would not abscond since one of his accomplices is already serving.
Bulawayo High Court judge Martin Makonese dismissed Edgar’s application, saying there was a likelihood that the conviction and sentence of Edgar’s accomplice may induce him to abscond.
“The applicant does not dispute that the accomplice has implicated him in the commission of the offence. The applicant does not deny that the stolen beasts were found in his possession. Further, and more crucially, the applicant branded some of the beasts with his own mark. I do not find any misdirection in the reasoning of the magistrate and in the result, the appeal against refusal of bail is hereby dismissed,” ruled the judge.
It is the State’s case that on August 21 this year, Mr Mudau’s herdsman drove his employer’s cattle to the grazing land. Edgar and his accomplices went to the farm and stole 40 cattle.
Two days later, the herdsman went to the grazing area to look for the cattle and only managed to account for 164. Acting on a tip off, Mr Mudau went to Edgar’s homestead and recovered one beast, which was penned at the accused person’s kraal and it now had new brand marks.
Edgar’s wife led Mr Mudau to Tuli grazing lands where they found a calf. A report was made to the police leading to Edgar’s arrest and only two cattle were recovered. The total value of the stolen cattle is $29 800.—@mashnets
derick.khumalo