Online Reporter
Danisa Masuku [email protected]
A MAN who illegally occupied a house in Bulawayo’s Burnside suburb, brought in tenants for nine months, and collected their rent has been jailed for an effective two years.
Talent Sibindi (24), from Bomba Village in Gokwe, Midlands Province, appeared before Bulawayo Magistrate, Challenge Mahembe, charged with unlawful entry into premises in aggravating circumstances, as defined in Section 131(1) as read with Section 131(2)(e) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. [1]
Sibindi, who was unrepresented, pleaded not guilty to the charge, stating: “I stayed there for nine months and I thought the owners of the house had died. Before I stayed there, I monitored the house to see if I would see anyone or its owners, but I did not see anyone and came to the conclusion that it was a deserted house.”
However, the owner of the house, Mr Nan Qui, dismissed this defence in his testimony, telling the court that Sibindi broke a padlock at the main gate and used duplicate keys to open the front door.
“He broke the padlock of the main gate and used duplicate keys to open the main door. He occupied my house for nine months without my permission.
“He brought in two tenants who paid US$150 per month and squandered the money. He also stole my property, including a fridge, diesel, and kitchen utensils. The value of the stolen property is US$3 330,” said Mr Qui.
At the conclusion of the trial, Sibindi was found guilty and sentenced to six years in prison. One year was suspended on condition that he does not commit a similar offence within the next five years, while three years were suspended on condition that he restitutes US$3 330. Sibindi will serve an effective two years in prison.
In aggravation, prosecutor Ms Brenda Ndlovu told the court that by occupying Mr Qui’s house, Sibindi had caused the property to depreciate and had illegally benefited from the tenants he moved into the house.
“When he occupied the house, he damaged the gate and the door. He stayed for nine months and treated it as his own house. He collected money from the tenants and spent it on his personal use. Sibindi committed a serious offence, and as such, the State prays for a custodial sentence,” said Ms Ndlovu.
Ms Ndlovu further told the court that Sibindi illegally occupied Mr Qui’s house from September last year until 30 May this year. She added that Sibindi did not stop there, but brought in tenants and charged them US$150 each.
The court heard that he also stole property, which included a fridge, a drum, curtains, and kitchen utensils, with the stolen property valued at US$330.
“Neighbours noticed that they did not know the occupants of Mr Qui’s house and promptly called him at his other house in Harare, where he had been temporarily staying. Mr Qui quickly returned and found Sibindi and two tenants at the house. He reported the matter to the police, leading to Sibindi’s arrest,” said Ms Ndlovu.
