Community service for stealing from sister

Fairness Moyana in Hwange

A 30-year-old unemployed woman from Makwika Village in Hwange escaped an effective custodial sentence after she was convicted of breaking into her sister’s house and stealing property and cash worth over US$250.

Fortunate Mudenda appeared before Provincial Magistrate Mrs Rumbidzai Kabasa-Banzo, facing a charge of aggravated unlawful entry as defined under Section 131(1)(a), read with Section 131(2)(a)(e) of the Criminal Law (Codification and Reform Act) (Chapter 9:23).

She pleaded guilty to the charge.
The State, represented by prosecutor Miss Zandile Tlou told the court that on 23 July 2025, the complainant, Flowrence Mudenda (41), a receptionist at Hwange Colliery Company Limited locked her house before leaving for work.

When she returned home two days later, she discovered that US$100 she had kept in her bedroom to pay for river sand transport to her rural home was missing. Further checks revealed that several clothing items and accessories were also missing.

Investigations revealed that Mudenda, who is the complainant’s younger sister, had unlawfully entered the house through an unlocked kitchen door and taken the items. Her friend, Immaculate Muleya, told the complainant that she had recently seen Fortunate spending large sums of money and wearing new clothing.

Police arrested Fortunate following the report. Some of the stolen items, including a grey tracksuit (worth US$15), pink dress (US$16), black and white tennis shoes (US$10), and a peach wallet (US$5), were recovered. However, cash amounting to US$100 and goods worth US$107 were not recovered.

The total value of the stolen property was placed at US$253 (ZWG$8 060), with recovered items valued at US$46 (ZWG$1 426).

In mitigation, Fortunate pleaded for leniency, telling the court that she was unemployed and had acted out of desperation.
Kabasa-Bonzo sentenced her to 14 months in prison, of which three months were suspended for five years on condition of good behaviour.

Another three months were suspended on the condition she restitutes ZWG$3 300 and US$100 to her sister. The remaining eight months were suspended on condition she performs 280 hours of community service at the Makwika Village Office.

In her remarks, the magistrate noted the seriousness of the offence but highlighted that community service and restitution were appropriate in this case given the family ties and the recovery of part of the stolen property.

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