Evander Regional Court takes armed robber’s age in account during sentencing of gang

A 72-year-old man is among six robbers sentenced in the Evander Regional Court on October 1. While three of his mates will effectively spend 25 years behind bars, the court showed leniency to Bahe Sithole because of his age.

An unhealthy Sithole, suffering from high blood pressure, received a sentence of eight years, including the six years and three months he has already served while awaiting trial.

Sithole and his fellow accused, Fanuel Tholo (35), Ayanda Dube (38), Lucky Ndlovu (48), Mbuyiseni Mabizela (39) and Bhekisisa Ndlovu (40) were part of a larger group of gunmen who robbed the Pick n Pay store in Leandra in June 2018.

Regional court magistrate Charmaine la Marque described Lucky Ndlovu as the mastermind behind the robbery.

He at the time worked in the store’s butchery and arranged a place to sleep for the other five who were travelling from Gauteng to pull off the robbery.

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The gang of robbers split up after the heist and fled in opposite directions to Ogies and eMbalenhle with the police hot on their tail.

La Marque said in her verdict that when Lucky Ndlovu, Dube and Zimbabwean national Tholo, realised the police were in pursuit, they abandoned their vehicle and fled on foot into an open field where Tholo dropped a bag containing an AK47 assault rifle.

“The K9 unit officer, well-trained on track and tracing, managed to trace back the bag to Tholo after he was apprehended,” stated La Marque.

She commended the police for their swift response, the K9 officer who traced the bag to Tholo, and the eyewitness who was passing by when the robbery took place.

La Marque said such violent crimes where illegal and prohibited firearms are being used, are prevalent in South Africa.

“Pick n Pay lost R200 000, which was not recovered. Other suspects are still at large,” said La Marque.

All six men in the dock were found guilty of robbery with aggravating circumstances, a charge on which Tholo, Dube, Lucky Ndlovu, Mabizela and Bhekisisa Ndlovu were sentenced to 10 years imprisonment and Sithole to eight years.

Tholo, Dube and Lucky Ndlovu were also convicted on a charge of joint possession of a prohibited firearm for which they received another 15 years in prison. These two sentences will be served consecutively and not concurrently, which means they will effectively spend 25 years behind bars.

The three received another five years each for being in possession of unlicensed ammunition. This sentence will run concurrently with the others.

Le Marque ruled when Tholo served out his sentence, he must be deported back to Zimbabwe. A copy of the judgment has to be sent to the director of Public Prosecution, the Department of Home Affairs and the commissioner of Correctional Services who must facilitate the deportation of Tholo.

The court also ordered that another accused found to be a satisfactory state witness, not be criminally prosecuted.

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