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10 years sentence for stock theft

By Simon Liseli

THE Katima Mulilo Regional Court Magistrate Mr. Mbongani Ndlovu sentenced a (41) -year-old Namibian male, to 10 years imprisonment for stock theft.

The accused Mr. Oscar Simataa (41), of Impalila Island and his girl friend Ms. Annety Mwale Kamwi (31), a resident of Ikumwe area in the eastern Caprivi were charged with the offence of stock theft act, Act 12 of 1990.

Both accused pleaded not guilty to the charge they faced on 31 May 2017 before the Katima Mulilo District Court Magistrate Mr. Vincent Nzaca.

The duo were arrested by the Namibian police at their villages on 26 January 2016 and made their first appearance before Magistrate Nzaca on January 27, 2016 when they were granted bail of N$3000 each.

The Accused persons were later convicted of stock theft of five herds of cattle valued at N$40 000 that went missing on January 22, 2016 and were then recovered.

On June 5, 2017 the matter was transferred to the Regional Court for judgment, during trial in the Regional Court the accused Simataa pleaded guilty in terms of section 112(2) of the Criminal procedure Act, act 51 of 1977 and further told the court to cancel all charges against his girl friend saying is going to face them because she knows nothing pertaining the case.

Simataa’s legal representative Mr. Hope Ngara during submissions in mitigation asked the court to sentence the accused to three years imprisonment.

Sentencing the accused, Magistrate Mr. Mbongani Ndlovu of the Regional court encored the sentiments of the public prosecutor Mr. George Matali that the accused is the first offender in the case and member of the family where he stole the cattle adding that Oscar pleaded guilty to the offence of five herds of cattle that were stolen and recovered.

Looking at the seriousness of the crime accused was sentenced to ten years imprisonment of which five years were suspended for five years on condition that the accused is not convicted of theft committed during the period of suspension.

He was represented by Mr. Hope Ngara from legal aid and Mr. George Matali represented the state while Ms. Kachana Mubonenwa interpreted the matter.