Byline: Nonjabuliso Nhlambo

23 September 2024

Six (6) accused, Fanuel Tholo, Sizwe Mabizela, Lucky Ndlovu, Ayanda Dube, Bahe Sithole, and Bhekisisa Ndlovu, respectively, appeared before the Evander Magistrate’s Court on Tuesday, 10 September 2024.

The six appeared for the hearing of their judgement regarding the business robbery that took place in the Leandra Pick n Pay store in the morning of the 1st of June 2018, where the store was robbed of an amount estimated at about R240 000.00 (two hundred and forty thousand rands), which was meant for social relief grant payouts.

The accused are facing charges of robbery with agrivating circumstances and possession of an unlicensed firearm with live ammunition.

Accused six Bhekisisa Ndlovu was out on R5 000 (five thousand rands) bail during the entire proceedings of the trial.

Bhekisisa Ndlovu was an employee at Pick n Pay during the time of the robbery.

A red runX motor vehicle, an Avanza, and a Hundai, all with Gauteng registrations, were used during the execution of the robbery.

It was evident in court that the five accused were from the Gauteng province and were booked at a residence in Leslie on the evening of 31 May 2018, allegedly by accused six.

All accused were found guilty of the crime. Accused one, two, and three were all found guilty of possession of an unlicensed firearm.

The court found that in evidence in chief, after the incident was reported at the police station, Constable Mahlangu responded, and upon approaching Pick n Pay, he saw the red runX packed with seats reclined and passengers in the car. He then proceeded to see four armed men exiting Pick n Pay stores and entering the Avanza as he called for backup of all vehicles speed of the scene.

A police chase ensued. All neighbouring police stations were informed of the crime, and descriptions of the vehicles were flagged.

Accused one, two, and three were then apprehended where they abandoned the vehicle and tried to fled from the police on foot. A blue bag with an Ak47 and 44 rounds of live ammunition was found in the possession of the three accused.

During evidence in chief, the court found that all three gave different versions of what took place when they were apprehended, as they conceded they drove in a manner to get rid of the police; they stopped to hide alcohol, alleging that the police started shooting at them as they ran in the veld where there were cows, but none of them were hurt in the shooting by the police. The court rejected their versions.

Accused four denied that his Avanza was at Mayaba’s place. He further contradicted himself when he said he was transporting accused five, and when asked, accused five said he paid accused him (accused four) R1500.00 (one thousand five hundred rands), which accused four said he gave back R1000.00 (one thousand rands), but accused five never mentioned it to the court.

Further accused contradicted themselves that he was never asked why he was in Leslie, then testified he was asked why he is in Leslie.

Images from the scene were not disputed by the accused persons.

It was not desputed that the blue bag, which had an unlicensed firearm, belonged to the accused one after it was traced by police back to the accused.

The court found that there were no empty cartridges on the scene, and the accused did not dispute that the vehicles were in Mayaba’s yard the previous night.

It was indisputable that all six accused and others acted in common purpose to rob Pick n Pay, jointly possessed firearms and ammunition, and that their vehicles were in the vicinity of Pick n Pay shortly before the robbery, and that accused six was the mastermind of the robbery plan.

The court was convinced that the state proved beyond reasonable doubt that all six accused are convicted of the crime.

All six accused were found guilty of robbery with agrivating circumstances; accused one, two, and three were also found guilty of possession of an unlicensed firearm.

The bail of accused six was cancelled, and he was remanded in custody with the other five accused.

The case was postponed to 01 October 2024, for a plea before sentencing.