12-year jail term for stealing former minister's vehicle

The Bulawayo High Court has dismissed an appeal by a man serving a 12-year prison sentence for violently robbing a driver of a vehicle belonging to former Minister of State for Bulawayo Provincial Affairs and Devolution and Zanu PF Council of Elders member, Cde Angeline Masuku.

Enock Mukwande Marange appeared before Justices Bongani Ndlovu and Munamato Mutevedzi on Friday seeking to overturn his conviction and sentence.

Marange, through his legal representative, argued that his conviction was based on circumstantial evidence, speculation and suspicion rather than direct proof linking him to the crime.

He contended that investigators failed to properly identify him as one of the attackers and claimed the trial court did not adequately consider his defence that he was not present at the crime scene.

"The offender will also argue that his case was not fairly tried, as he was suspected of having stolen a car from a politician and a big name in a political party," his appeal stated.

He further argued that the court should have summoned an individual he identified as Shepherd Ndlovu to explain his alleged involvement in the sale of the stolen vehicle.

Marange also challenged evidence given by the complainant, arguing that the victim had admitted he could not positively identify the men who attacked him.

However, Chief Prosecutor Kudakwashe Jaravaza opposed the appeal, arguing that the State had proved its case beyond a reasonable doubt.

"He failed to produce relevant documents proving that he bought the car from a man named Shepherd Moyo," Jaravaza submitted.

"The accused was found in possession of a vehicle suspected to have been stolen, failed to prove how he bought it and did not call a witness to prove that he had indeed purchased the vehicle."

The court heard that the robbery occurred on September 7, 2022, after the vehicle's driver, Petros Moyo, parked the Isuzu double-cab at an overnight parking area in Cowdray Park, Bulawayo.

While walking home through a bushy area, Moyo was allegedly ambushed by two men armed with machetes.

According to the prosecution, the attackers demanded vehicle keys and repeatedly struck him with machetes after he attempted to defend himself using a broom he was carrying.

"The complainant was holding a broom and tried to defend himself by swinging it at Marange. However, one of the suspects tripped him and he fell to the ground. They continued attacking him with machetes while demanding the car keys," Jaravaza told the court.

The assault left Moyo unconscious.

The attackers allegedly searched him, took the vehicle keys and returned to the parking area where they stole the Isuzu double-cab before fleeing.

Moyo later regained consciousness and was assisted by a passer-by who helped him report the matter to police.

He was subsequently admitted to Mpilo Central Hospital, where he remained hospitalised for six days.

Investigations by the Vehicle Theft Squad in Harare and Bulawayo eventually led to the recovery of the stolen vehicle.

Police traced the vehicle to a Harare resident who informed investigators that he had purchased it from Marange.

The prosecution said Marange initially denied any knowledge of the vehicle but later admitted involvement after further questioning.

After considering the submissions, the High Court dismissed the appeal, effectively upholding Marange's conviction and 12-year prison sentence.

The ruling brings to an end Marange's latest attempt to overturn the conviction arising from one of the more violent vehicle robbery cases recorded in Bulawayo in recent years.

The judgment also reinforces the courts' stance on violent robberies involving serious assaults, which continue to be a major concern for law enforcement authorities across the country.