Duo back in court after challenging sentence in vehicle, fuel theft case

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THE trial of two men who were convicted last year of stealing a motor vehicle to visit a girlfriend is back in court after they appealed against the seven-year-sentence and won.

The duo appeared in court before Bulawayo Regional Magistrate Mr Taurai Manuwere, facing a theft charge.

Zibusiso Moyo and Marvelous Gumede were sentenced to effectively serve seven years in prison each by Bulawayo Regional Magistrate Mr Mark Dzira last year. However, they appealed against the conviction and that they had unlawfully taken the vehicle, claiming they used to take it and return it.

Appearing for a fresh trial, the pair pleaded not guilty to theft and were represented by their lawyer, Mr Tapiwa Solani.

During cross-examination by prosecutor, Ms Nomthandazo Mafu, Moyo and Gumede gave conflicting statements.

“How much of the fuel did you take?” Ms Mafu asked, to which Moyo replied: “We only took 20 litres”.

Ms Mafu further interrogated: “A witness named Washington told this court that when you had a breakdown, he assisted you to push the vehicle from the road and tried to fix the fault. After that you siphoned 25 litres and gave it to him as payment, and you did not challenge that. Let’s agree you lied.”

Gumede responded: “When we were near a mine in Mbembesi our vehicle developed a mechanical fault and we engaged a man named Washington and paid him with 20 litres of fuel.”

Ms Mafu responded: “If you were able to steal 20 litres, what was going to stop you from stealing more? I put it to you that you stole 250 litres and you were not going to visit your girlfriend but intended to permanently deprive the owner of his vehicle.”

The matter was postponed to 2 April for continuation of trial. Prosecuting, Ms Mafu told the court that on the 12th of August 2025 around 1630hrs, the complainant left the white Leyland truck motor vehicle registration number ACD 6116 parked at Khayalami Construction Site, Upper Rangemore in Bulawayo.

“The two accused persons, who were on duty at the construction site and were acting in common purpose, unlawfully took the Leyland truck together with 250 litres of diesel and six 25-litre empty containers,” said Ms Mafu.

“The complainant found out on 13 August 2025 that the accused persons were no longer on duty. He filed a report at ZRP Nkulumane,” she said.

The court heard that on 17 August 2025 the stolen motor vehicle was recovered, dumped at Khami River, Umguza District, by detectives from CID Vehicle Theft Squad (VTS). Following that on 22 October 2025 detectives from VTS received information leading to the arrest of the accused persons at Mine in Mbembesi, Matabeleland North Province.