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Marvelous Moyo Gwanda correspondent
SIX men have been spared jail after a failed bid to help 30 locals enter South Africa illegally.
The six human traffickers charged between R200 to R1,000 per person to help the border jumpers through immigration, but instead took the group to an undesignated point along the Limpopo River which they found in flood.
They then held the 30 people captive against their will, the Gwanda Magistrates’ Court heard.

Gwanda regional magistrate Joseph Mabeza found four men guilty of both kidnapping and assisting people to illegally cross into South Africa, while the other two were only convicted for facilitating illegal entry into the neighbouring country and cleared on the kidnapping charges.
Six others were acquitted.

All 12, represented by lawyer Thompson Mabhikwa, had denied the charges.
Sonnyboy Ngwenya, 39, Bernard Makhwelo, 48, Nhlaloyabo Dlamini, 25, Alfred Tshuma, 20, Loveless Ncube,36, and Lungisani Moyo, 34, escaped with wholly suspended five-month jail terms on condition that they do not commit a similar offence within that period.

Dlamini, Tshuma, Ncube and Moyo were also found guilty of kidnapping the 30 alleged border jumpers. They were also given wholly suspended 12-month jail terms each.

In mitigation, lawyer Mabhikwa stated that the convicted six were family men and first time offenders, while some had medical problems and others had already lost their jobs because they had already spent seven months in custody.

He appealed for a lenient sentence.
Magistrate Mabeza said there was overwhelming evidence against them including the use of force to deny people free movement. He said he had taken into consideration that they had already spent seven months in custody.

The magistrate also took into account that they were first time offenders.
“However, the crime of kidnapping is quite serious and attracts a custodial sentence . . . I hope in the seven months you spent in prison you have learnt a lesson,” he said.

In acquitting the other six, Thabani Ngwenya, 46, Alfos Mpofu, 40, Jeffrey Moyo, 36, Thifulufheni Ndou, 40, Mbusilizwe Sibanda, 36, and Lemson Ncube, 50, the magistrate said no criminal liability could be apportioned on them following evidence provided by the State witnesses while some were never mentioned by State witnesses.

Regional prosecutor Johannes Tlou said between February 1 and 3 this year, the six convicted men agreed to assist 30 people who had no passports to enter South Africa for fees ranging from R200 to R1,000 per person.

The agreement was that the border jumpers were to be assisted to go through the official entry point. Instead, they were transported to Phephu village under Chief Matibe in Beitbridge using three vehicles with the aim of helping them across through a security fence.

The Limpopo River was flooded, and when the group demanded refunds, they were held against their will at Ndou’s homestead where they were threatened, assaulted and denied free movement.

Police were alerted after one of the border jumpers escaped.