Antony Chawagarira
Johannesburg-A court in Johannesburg has ordered the immediate deportation of Bellarmine Chatunga Mugabe after fining him R600,000, while his cousin, Tobias Matonhodze, was sentenced to an effective three years in prison following their conviction on a string of serious offences.
The sentencing brings to a close a high-profile case that involved charges of attempted murder, illegal possession of a firearm and ammunition, obstruction of justice, and immigration violations.
During sentencing, the presiding magistrate addressed the two accused separately, outlining the penalties handed down to each based on their level of involvement in the incident.
For Mugabe, the court imposed fines on two counts. On Count 5, which related to the pointing of a toy gun in a manner that led the complainant to believe it was a real firearm, he was fined R400,000 or face 24 months’ imprisonment. On Count 6, involving violations of immigration laws, he was fined R200,000 or an additional 18 months behind bars.
The court noted that fines are not ordinarily imposed in immigration-related offences, but an exception was made in Mugabe’s case due to his financial capacity to pay. The magistrate remarked that Mugabe was “lucky” that the complainant in his matter had not sustained injuries during the incident.
In addition to the fines, Mugabe was declared unfit to possess a firearm. The court further ordered that an investigating officer escort him directly to O.R. Tambo International Airport to ensure his immediate deportation from the country.
Matonhodze received significantly harsher punishment after being convicted of attempted murder, defeating or obstructing the course of justice by concealing a firearm, as well as illegal possession of a firearm and ammunition.The court imposed sentences of 12 months each on three of the counts and a three-year term on the most serious charge. However, the magistrate ordered that all sentences run concurrently, resulting in an effective prison term of three years. The court also ruled that Matonhodze would be deported upon completion of his sentence.
In explaining the reasoning behind the penalties, the magistrate emphasised that crimes involving illegal firearms and violence typically attract direct custodial sentences of significant length. However, the court said Matonhodze’s sentence had been “softened” due to mitigating factors, including his decision to plead guilty, which saved the court’s time, and the fact that the victim in the case had been compensated.
The Magistrate described the final outcome as a balanced judgement that blended justice with mercy, while also recognising elements of restorative justice in resolving the matter.
