Tsholotsho messenger of court jailed 3 years for abuse of duty

A Messenger of Court based at the Tsholotsho Magistrates Courts was last week sentenced to an effective three years in jail in a single day by two different magistrates for criminal abuse of duty as a public officer.

Snow Ncube, aged 60 and residing at House Number 978 Efusini, Tsholotsho, first appeared before Tsholotsho provincial magistrate Mr Thomas Gurajena charged with contravening Section 174 of the criminal law (Codification and Reform) Act (chapter 9:23) ” Criminal abuse of duty as a public officer,” in that on a date unknown to the court but during the period extending from November 2021 to January 2023 he, in his capacity as a messenger of court in the exercise of his functions, executed property of a defendant, Trust Ncube, sold the property and recovered money in the sum of 2 350 rands and ZWL$500 which he was required to surrender to the plaintiff, Winnet Moyo but contrary to or inconsistent to his duties as a public officer, he unlawfully and intentionally converted the money to his personal use in contravention of the said Act.

Prosecutor, Ms Shiela Mpofu told the court that the complainant is a female adult aged 34 years residing at Hebert Mkonto’s homestead, Jimila line, Tsholotsho and is employed by D.D.F (now Rural Infrastructure Development Agency) Tsholotsho.

“The accused person and the complainant are not related. Sometime in November 2021, the complainant was granted a verdict in her favour by the Tsholotsho magistrate court against Trust Ncube who was ordered to pay the complainant money amounting to 2 350 rand and $500 which he failed to pay,” said Ms Mpofu.

She said the complainant engaged the services of the messenger of court, Snow Ncube, to recover her money from Trust and Ncube, in line with his duty, proceeded to Trust’s homestead where he recovered property worth 2 350 rand.

“Thereafter the accused person sold the property and failed to surrender the money to the complainant, instead he converted it for his personal use. The accused person acted unlawfully,” said Ms Mpofu.

Mr Gurajena then sentenced Ncube to 30 months imprisonment of which six months imprisonment is suspended for five years on condition accused does not within that period commit an offence involving criminal abuse of duty as a public officer and for which upon conviction is sentenced to imprisonment without the option of a fine.

Effectively Ncube will serve 24 months imprisonment for the charge.

His second appearance on the same day for the same charge as his first appearance was before Tsholotsho resident magistrate Mr Tendai Nemadziva in which one Jailos Manamike a male adult aged 54 years residing at Efusini Township was the complainant.

Prosecutor Ms Nobuhle Mguni told the court that sometime during the month of September 2023 the complainant engaged the services of the accused person to collect money from Jonas Phiri.

“The accused person went to Phiri and collected 4 800 rand from him and thereafter did not surrender the money to the complainant instead he converted the money for his personal use. The matter came to light when the complainant phoned Phiri and was told that Ncube collected the money,” said Ms Mguni.

She said upon being asked by the complainant, Ncube admitted collecting the money and promised to pay him back but failed to fulfil his promise leading to the complainant opening a criminal case at the courts.

Magistrate Nemadziva sentenced Ncube to 18 months of which six months were suspended for five years on condition the accused is not convicted of any offence of which abuse of office is an element committed within that period for which he is sentenced to imprisonment without the option of a fine.