adminShamiso Dzingire Court Reporter
A BURIAL society treasurer who stole $19,000 from the organisation’s cash box has been ordered to restitute the money or risk being jailed for four years. Hurdson Basira, 53, of North End suburb in Bulawayo, violated the trust bestowed on him by members of Rubatsiro Zvakanaka Burial Society and converted funds he was entrusted with to his own use.
The burial society said it was prejudiced of about $18,400 as Basira was entitled to $600 due to him following the death of his father after the theft.
Basira, who pleaded guilty to a theft charge, was slapped with a five-year jail term but one year was suspended by Western Commonage Magistrate Sibongile Msipa Marondedze on condition of good behaviour.
The remaining four years were suspended on condition that he restitutes the funds on or before January 29, 2016, through the clerk of court.
“If you don’t pay back the money, you are going to jail for four years. You have four years hanging over your head,” said magistrate Msipa Marondedze.
The magistrate said in passing sentence, she had considered that Basira was a first time offender who showed an interest to pay back the money if given time.
She also said if sent to prison, Basira’s health would deteriorate as he is diabetic.
“What aggravates this offence is that the accused person stole funds for a burial society which are meant to be used when death strikes. He was put in a position of trust to keep the money on behalf of the burial society but he breached that trust by converting the money to his own use,” said Msipa Marondedze.
“Justice will only be served if the burial society is restituted the money that Basira stole.”
She noted that a fine was not suitable as it would trivialise the offence since the amount stolen was considerable.
Appearing for the state, Margaret Muhomba said sometime between 2000 and March 2013, Basira was given $19,222,15 for safe keeping.
Muhomba said on April 21, 2013, one of the burial society members lost his mother-in-law and when he went to claim his benefits, it was discovered that there was only $214 in the cash box. “When confronted, Basira admitted to having converted the money to his own use,” Muhomba said.
The court heard that members of the burial society gave Basira time to pay back the money but he failed to do so, prompting them to report the matter at Nkulumane police station. “Sometime in August 2013, Basira lost his father and the members agreed to deduct $600 from the money which he already owed,” she said.
The total value of the stolen money was put at $18,407,15 and nothing was recovered.
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