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Musawenkosi Moyo
A 28-YEAR-OLD man from Selbourne Park suburb in Bulawayo has appeared in court facing two counts of theft.
Nkosilathi Mlandu recently appeared before Bulawayo magistrate Ernest Muzembe.
He pleaded not guilty to both counts but was convicted after a full trial and remanded out of custody to 4 October 2024 for sentencing.
The court heard that on 21 November 2023 at around 2 pm, the accused and the complainant met at Haddon and Sly Building situated along Fife Street, between 8th and 9th Avenue, Bulawayo where the complainant Ignitious Rakabopa gave the accused US$2 500 which he was supposed to transfer to China on his behalf.
However, instead of the US$2 500 the accused only transferred US$1 500 failing to account for US$1 000.
In his defence, the accused stated that he had received the money in an envelope and, because the complainant appeared to be in a hurry, he did not count the money in his presence.
He claimed that when he opened the envelope, there was only US$1 500 inside and that he immediately called the complainant to notify him of the issue.
However, the complainant refuted those claims and said that he had given the accused an envelope with US$2 500 and that the accused had not told him that the money was not enough, rather he had told him that the missing money had been taken by goblins.
The court also heard that on 26 November 2023 at around 4 pm the complainant went to the accused’s place where he gave him US$9 250 which the accused was once again supposed to transfer to China on his behalf. The money was, however, not transferred.
In court, the accused claimed that the money was stolen by thieves on the same day at night while he was asleep. He said that he reported the matter to the police and tried to contact the complainant but could not reach him.
He further said that he told the complainant about the matter on 2 January 2024.
The court however, did not believe his claims and stated that the accused had fabricated the whole theft due to the fact that other than the money nothing else was stolen from the house.
The court also stated that the accused had not tried to contact the complainant but rather was avoiding him which is why it took about seven days for him to inform the complainant that the money had been stolen.
derick.khumalo