CRI/S/25/87
IN THE HIGH COURT OF LESOTHO
In the matter of :
REX
V
TJONGELISWE SEHLOHO
JUDGMENT
Delivered by the Hon. Mr. Justice J.L. Kheola on the 9th day of November, 1987.
The accused appeared before a magistrate of second class at Qacha's Nek charged with theft of stock, in that upon or during January and March, 1987 and at or near Sefapanong cattle post in Transkei in the Republic of South Africa, the said accused wrongfully and unlawfully stole seven (7) cattle the property or in the lawful possession of Mathews Manaka and brought them to Sehonghong in the district of Qacha's Nek where that Court has jurisdiction. He pleaded guilty to the charge and also admitted the summary of the facts of the case given by the public prosecutor.
The learned magistrate found the accused guilty as charged and committed him for sentence by the High Court on the ground that "a great number of stock is involved and it is my belief that this accused needs a greater punishment than I have the power to inflict."
The complainant is a citizen of the Republic of South Africa. He has a cattle post at Sefapanong in Transkei. In January, 1987 four (4) of his cattle went missing. Again in March 1987 some three cattle went missing. The disappearance of the cattle was reported to the police in Transkei. In June, 1987 all the missing cattle were
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found in the possession of the accused. Four of the cattle had their original earmarks tampered with and different fresh earmarks had been superimposed on the old ones. The complainant convincingly identified all the cattle as his.
I have thoroughly perused the record and I am satisfied that the accused pleaded guilty to the charge and that there was abundant evidence to support the verdict, I confirm the conviction.
I agree with the learned magistrate that her powers were limited to deal with a case of stock theft. She has the power to impose a maximum term of imprisonment of twelve months. I wish she had imposed that term of imprisonment because it takes a very long time for an accused person committed for sentence to appear before a judge. In the instant case the accused was committed for sentence by the High Court on the 23rd June, 1987, but the accused only appeared before me on the 9th November, 1987. I am bound to take into account the time the accused has spent in prison after his conviction
The accused is a young man of about 26 years of age. he is a first offender; all the cattle he stole have beer recovered. However, I must bear in mind the seriousness of stock theft in this country. It is a very prevalent crime which seriously undermines the economy of this country and sours relations between Lesotho and our neighbours.
Sentence. Twelve (12) months' imprisonment
J U D G E.
9th November, 1987.