FRANCISTOWN — A Zimbabwean man declared a prohibited immigrant (PI) a few years ago in Botswana will receive five strokes of the cane for returning to that country illegally to see his sick child who later died.
Senior Magistrate Thebeetsile Mulalu handed down a suspended two-year jail term to Litsotso Ndlovu after he admitted to having entered the country illegally on March 23 this year.
He will be flogged for his crime.
Ndlovu was declared a PI after he committed a series of robberies in Botswana.
Passing sentence, Mulalu said that he took into account the accused pleaded guilty to the charge and in the process saved the court valuable time.
“By pleading guilty, the accused has shown remorse for his actions.
“He was compelled to enter the country illegally to come and see his child who was sick.
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“The child later passed away. Although he had been warned never to set foot in Botswana again, the illness of his child compelled him to enter the country again,” Mulalu said.
He added: “The accused has committed a very serious offence that carries a maximum fine of P10 000 or 10 years in jail or both.
“He has a previous conviction of malicious damage to property. I could under normal circumstances impose a custodial sentence, but taking into consideration the charge that he is facing, I would, however, temper justice with mercy.
“The accused has already suffered a lot after breaking immigration laws since his child passed away shortly after he entered the country.
“It is on the basis of the aforegoing, I sentence him to two years in jail wholly suspended for three years, on condition that he does not commit a similar offence.
“In addition he shall receive five strokes after being certified fit by a medical practitioner,” Mulalu said.
Mulalu warned Ndlovu that if he ever sets foot in Botswana again, his suspended sentence will be reactivated and will run concurrently with whatever charge he would be facing.
He advised any party not happy with the ruling to appeal before the High Court in 14 days. Inspector Jalome Somolokae prosecuted. — Mmegi
