A SENIOR army cleric, who was last year jailed six years
for stealing a car belonging to a Gwanda businessman and stripping it, has
approached the High Court challenging his conviction and sentence.
Solomon Ndlovu (50), a captain in the Zimbabwe National
Army (ZNA) and chaplain at Mbalabala Barracks, was in January last year
convicted of theft of a motor vehicle by Gwanda regional magistrate Mr Mark
Dzira after a full trial.
He was sentenced to six years in jail of which two months
were suspended for five years on condition of good behaviour. A further six
months were suspended on condition he restituted the businessman $2 500 leaving
him with an effective 64 months to serve.
Ndlovu borrowed a Toyota Hilux vehicle from the
businessman, Mr Osfael Mazibuko, which he later stripped and stole the engine
and gearbox.
He then fitted the engine and gearbox onto another vehicle.
Aggrieved by both conviction and sentence, Ndlovu through
his lawyer Mr Abel Ndlovu of Dube and Associates, filed an appeal at the
Bulawayo High Court citing the State as a respondent.
In his grounds of appeal, Ndlovu said Mr Dzira erred and
misdirected himself by attaching a criminal liability to him for deviating and
failing to perform according to the agreement that allowed him to take lawful
possession, use and possession of the car.
He argued that the agreement between himself and Mr
Mazibuko was purely a civil matter.
“The trial court misdirected itself in holding that the
State had proved the existence of my intention to deprive the owner permanently
yet there was no evidence of the complainant demanding back the car any
time before someone reported on his behalf,” said Ndlovu.
He argued that there was misdirection on the part of the
magistrate who convicted him.
He said the sentence imposed by the lower court was
excessive and harsh such that it induced a sense of shock and revulsion.
“Wherefore, the appellant prays that should the court not
be moved on appeal against conviction it interferes with the sentence by
replacing it with a fine,” argued Ndlovu.
The State, which is being represented by Mr Khumbulani
Ndlovu, opposed the application saying the conviction is proper.
He, however, said although the issues of sentence are the
domain of the trial court, the magistrate properly exercised his sentencing
discretion when he imposed and meted out a sentence of six years, part of which
was suspended.
“The sentence is in the purview of those imposed in similar
type of cases and meets the justice of the case in view of the fact that
aggravatory features far outweigh the mitigatory ones, “said the prosecutor.
The complainant, who lives in Bulawayo, owns Fast Track
Electrical Company in South Africa and runs farming and conservancy projects in
Zimbabwe.
According to State papers, sometime in July 2016 while in
Bulawayo, Ndlovu was given the Toyota Hilux by Mr Mandla Sibanda, a manager at
Mazibuko’s farm who had received instructions via the phone to do so from his
boss.
On March 30 last year, Ndlovu drove the car from Bulawayo
to Zezani turnoff along the Bulawayo-Beitbridge road. He then contracted a
mechanic Mr Norbert Mazhambe, who is employed by one Mr Lizwe Ndlovu to remove
the vehicle’s engine and gearbox.
Mr Mazhambe removed the engine and gearbox as instructed
before fitting them onto a Mazda B2200 vehicle.
Ndlovu then dumped the Toyota Hilux body at Zezani turnoff.
The offence was discovered when Mr Dennis Ndlovu found the vehicle body dumped
and called Mr Mazibuko.
A report was made to the police leading to the arrest of
the army cleric. Chronicle
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