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Marvelous Moyo Gwanda Correspondent
SOUTH African businessman Lourens Marthinus Botha, 65, and his son Lourens Junior, 41, have each been fined $300 after being convicted of theft of property worth $31,500.The Bothas, represented by lawyer Thamsanqa Khumalo, had pleaded not guilty to stealing a 165KVA generator and quirl bowl belonging to Bronson Marcus David, the owner of Peogoine Mine. They said the property belonged to them.

However, Matabeleland South Provincial magistrate-in-charge Reuben Mukavhi found the duo guilty due to overwhelming evidence and fined them $300 each or 30 days imprisonment.

In addition, they were slapped with a six month sentence which was suspended for five years on condition they do not commit a similar offence within that period.

In his ruling, Mukavhi concluded that the Bothas stole David’s property.

“I conclude that the accused persons, when they took the generator and quirl bowl, knew that it was not their equipment.  Even throughout their defence, the accused persons were saying the property was theirs. They were admitting that they had no intention of returning the property to the complainant.

“In the final analysis, there is not even a shred of doubt that the accused persons took the generator and quirl bowl, well knowing that the property belonged to someone else not them and intended to permanently deprive the owner of his generator and quirl bowl. This is theft,” said Mukavhi.

The Bothas were the owners of a company called Endless Fun Private Limited and the company owned assets that included the generator and quirl bowl.

They sold the company to Frikkie Lutzkie, the chopper crash pilot, who resold the company to Andrea Wagner who in turn sold the property in question to David.

Although the Bothas denied selling the company, Lutzkie as a State witness, produced exhibits that convinced the court that the company was indeed sold to him by the Bothas and that the Bothas’ shareholding in the company ceased on June 25, 2013.

The Bothas admitted to signing documents produced showing transfer of shareholding to Lutzkie.

But on October 10, 2013, the Bothas connived and went to Gonda North Mine, Gwanda, and stole the property after misleading one Laxin Ndlovu that David had lent them the equipment leading to their arrest.

Edward Ndlovu prosecuted.