Burnside house squatter jailed after renting out property

A 24-year-old Gokwe man has been sentenced to an effective two years in prison after illegally occupying a house in Bulawayo's Burnside suburb for nine months, renting out rooms to tenants and collecting the rental income.

Talent Sibindi, of Bomba Village in Gokwe, appeared before Bulawayo magistrate Challenge Mahembe facing a charge of unlawful entry into premises in aggravating circumstances.

Sibindi, who was not legally represented, pleaded not guilty, telling the court he believed the property had been abandoned.

"I stayed there for nine months and I thought the owners of the house had died. Before I stayed there, I monitored the house to see if I would see anyone or its owners, but I did not see anyone and came to the conclusion that it was a deserted house," he told the court.

The property's owner, Nan Qui, rejected Sibindi's explanation, testifying that the accused unlawfully gained access to the house after breaking the padlock on the main gate and using duplicate keys to enter the residence.

"He broke the padlock of the main gate and used duplicate keys to open the main door. He occupied my house for nine months without my permission," Qui said.

"He brought in two tenants who paid US$150 per month and squandered the money. He also stole my property, including a fridge, diesel and kitchen utensils. The value of the stolen property is US$3,330."

The court heard that Sibindi occupied the property from September last year until May 30 this year.

During that period, he allegedly treated the house as his own by renting rooms to two tenants at US$150 each per month while also stealing household property.

Prosecutor Brenda Ndlovu told the court that Sibindi's actions had caused financial prejudice to the homeowner.

"When he occupied the house, he damaged the gate and the door. He stayed for nine months and treated it as his own house. He collected money from the tenants and spent it on his personal use. Sibindi committed a serious offence, and as such, the State prays for a custodial sentence," she said.

The court also heard that the stolen items included a refrigerator, a drum, curtains and kitchen utensils.

Sibindi's activities came to light after neighbours became suspicious of unfamiliar occupants at the property and alerted Qui, who was temporarily staying at another residence in Harare.

Qui returned to Bulawayo and found Sibindi and the two tenants occupying the house before reporting the matter to the police, leading to Sibindi's arrest.

Following his conviction, Magistrate Mahembe sentenced Sibindi to six years' imprisonment.

One year was suspended for five years on condition that he does not commit a similar offence, while a further three years were suspended on condition that he pays restitution of US$3,330 to the complainant.

He will serve an effective two-year prison sentence.