Online Reporter
Tsenulo Moyo
TWO men from Emganwini suburb in Bulawayo, who were facing charges of stealing copper cables, heaved a sigh of relief when they were acquitted.
Costah Mahlahla (24) and Felix Tachiovana (24) appeared before Bulawayo magistrate Ernest Muzembe, charged with failure to give a satisfactory account of possession of copper.
They both pleaded not guilty, and after a full trial, they were acquitted.
Magistrate Muzembe cited that the State failed to provide satisfactory evidence proving that Mahlahla and Tachiovana committed the offence.
“When there is a discrepancy, the State must explain the discrepancies before it closes its case,” Magistrate Muzembe argued.
“The police officer denied arresting four people, while the second witness testified that four people were arrested, including himself,” he added.
Magistrate Muzembe also noted that two newspaper articles wer published, both stating that four people had been arrested for theft of copper cables: Onias Mherekumombe (33), Costah Mahlahla (24), Felix Tachiovana (24), and Mandhlenkosi Nyathi (26), who was brought in as the second witness.
“The court frowned upon the police officer’s testimony because he only stated that four people were arrested, and two were released as suspects, after being cornered during cross examination,” Muzembe said.
While acquitting the two men, Magistrate Muzembe also cited that when one accomplice is not convicted and is brought in as a witness, there is a danger that they may lie to the court. Therefore, their evidence must be approached with caution.
The circumstances of the case were that on January 14, 2025, detectives from the Criminal Investigations Department Minerals, Fauna, and Flora received information that Mahlahla and Tachiovana were in possession of copper cables along Old Khami Road, opposite the Gain factory in Bulawayo.
Acting on this information, the detectives conducted surveillance along Old Khami Road. Mahlahla and Tachiovana reportedly appeared a few minutes later, carrying two white sacks, intending to board transport to town.
It was further alleged that the detectives approached Mahlahla and Tachiovana, identified themselves, conducted a search inside the sacks, and recovered copper concealed within.
The value of the recovered copper was US$84. Mahlahla and Tachiovana were alleged to have failed to produce a permit for possession of the copper, leading to their arrest.
