A prosecutor, who was sentenced for stealing from an estate where he stayed on the KZN North Coast, failed to have his conviction and sentence overturned.

Mzwandile Matshoba had been sentenced to pay a fine of R10 000 or 10 months’ imprisonment. Matshoba, who was a regional court prosecutor with 20 years’ experience, was convicted of theft and sentenced in the Verulam Magistrate’s Court.

It was found that, between September 22 and 24, 2018, he stole a vase with an orchid, a kettle, a bar fridge and two side lamps worth about R7 500 from the estate. In the appeal judgment, acting judge Jennifer Marion said the evidence was that when Matshoba left the estate, the items were gone.

When he was contacted, he said he would pay for the items, but he never did. However, after summons were issued, he paid the estate R4 214 and then R1 000. Under cross-examination, he testified that he made payment for the items, which he maintained he had not stolen, because his name was on the line.

He also said he made the payment freely and voluntarily.

Marion said the court found that his version could not be reasonably possibly true.

She said Matshoba’s conduct was contrary to what was expected of a prosecutor and the trial court correctly viewed this as an aggravating factor.

The court considered that Matshoba was a first-time offender and that he had paid for the stolen items, mitigating the loss to the complainant.

“I am inclined to agree with the state that the sentence imposed on the appellant erred on the side of leniency. There is no appeal by the state against the sentence, and I see no basis for interfering with it,” she said.