Botswana national acquitted in cross-border car theft case

A Botswana national accused of stealing a vehicle in South Africa and fleeing to Zimbabwe has been acquitted after a Bulawayo court ruled that there was insufficient evidence linking him to the crime.

Tumelo Kahuure (32) was jointly charged with fellow national Cash Karabo Monhlanka over the alleged theft of a Toyota Fortuner valued at R800 000 from a car rental company in Durban.

The two appeared before Bulawayo regional magistrate Mr Lungile Ncube, who on Thursday cleared Kahuure of any wrongdoing.

In his ruling, Mr Ncube said the State had failed to prove its case beyond reasonable doubt, noting that Kahuure’s presence in the vehicle did not constitute participation in the alleged offence.

“Kahuure was found in the company of Monhlanka, the owner of the vehicle, and the State failed to prove that he played a role in the theft,” said the magistrate.

The court heard that in his defence, Kahuure maintained that he had been in Zimbabwe for some time and was familiar with local roads, adding that he was merely assisting Monhlanka with driving around Bulawayo.

“He also indicated that he had no knowledge that the vehicle was stolen, and the State failed to disprove this claim. The court therefore finds him not guilty and he is acquitted,” ruled Mr Ncube.

Mr Simbarashe Innocent Madzivire of Mashayamombe Law Firm represented Kahuure.
However, the case continues for Monhlanka after the court found that the State had established a prima facie case against him. The prosecutor, Mr Sehliselo Khumalo, told the court that forensic evidence revealed that the vehicle’s chassis number had been tampered with, a key indication that it had been stolen.

Monhlanka also failed to produce proof of purchase, claiming the agreement of sale was in Botswana, and admitted that the vehicle’s registration book contained irregularities.

He was remanded in custody to May 6 for continuation of trial.

The complainant is Ms Brown Shirley Anne Francis, aged 34, of number 710 North Coast Road, Durban, who is employed by AVIS car rental in Durban, South Africa.

According to the State, the two accused, along with an accomplice still at large, allegedly hired the vehicle from a car rental company in Durban on January 16 this year on the understanding that it would be returned on January 29.
Instead, they allegedly removed the original South African number plates, replaced them with false Botswana plates, altered the chassis number, and drove the vehicle into Zimbabwe.
The vehicle was later recovered following police investigations.