Bellarmine Mugabe is to return to Zimbabwe immediately, while his cousin, Tobias Matonhodze, will serve time in South Africa.
Bellarmine Mugabe and Tobias Mugabe Matonhdze at Alexandra Magistrates Court. Nigel Sibanda / The Citizen
Bellarmine Mugabe and his cousin, Tobias Matonhodze, have been given varying sentences in the Alexandra Magistrate’s Court.
Mugabe previously pleaded guilty to contraventions of the Firearm Act and Immigration Act, while Matonhodze pleaded guilty to attempted murder, among other charges.
Magistrate Renier Boshoff noted both men were first-time offenders, and their decision to plead guilty was a mitigating factor.
Boshoff on Wednesday sentenced Mugabe to a R600 000 fine or 24 months’ imprisonment, while Matonhodze was sentenced to an effective three years’ imprisonment.
The pair were arrested in February following a shooting incident which injured a man believed to be an employee at the Mugabe family residence.
Firearm still missing
Boshoff said that because little was known of what transpired at the Hyde Park house in February, it would be difficult to ascribe the minimum sentence.
“The court does not know much of the surrounding circumstances leading up to the shooting and the full extent of the injuries,” said Boshoff.
However, the disposal of the still-undiscovered firearm used in the incident was considered “a serious offence” by Boshoff.
The magistrates noted that if the weapons were found to be a 9mm pistol or semi-automatic weapon, the sentence could have been a minimum of 15 years.
The magistrate questioned if Mugabe and Matonhodze had been truly honest since their arrest, increasing the difficulty in apportioning a suitable degree of accountability.
“I do not know if the second accused took the rap for you and I can only act on what is before me,” Boshoff said to Mugabe.
Mugabe sentenced
The court heard that the victim was compensated R400 000 for the incident and was willing to drop his complaint due to the payment.
Boshoff acknowledged that both had shown what he was willing to accept as “genuine remorse”, but added that the accused “can’t always sort it out with a payment”.
Mugabe and Matonhodze looked sheepish as Boshoff asked them to learn from their experience, before explaining he had an obligation not to take any perceived status into account.
“I got a duty in my profession to balance, not only the right of the rich and famous, but also the normal Zimbabweans who are here.
“Everybody must know they are going to get a fair sentence,” said Boshoff.
For contravening the Firearms Act, Mugabe was sentenced to a R400 000 fine or 24 months’ imprisonment.
For contravening the Immigration Act, the youngest son of former Zimbabwean President Robert Mugabe was sentenced to a R200 000 fine or 18-months’ in prison.
During pre-sentencing arguments, Mugabe offered to self-deport himself upon his release, with the court ordering him to immediately be escorted by the investigating officer to OR Tambo International to arrange his return to Zimbabwe.
Matonhodze’s imprisonment
Matonhodze pleaded guilty to his attempted murder charge, as well as defeating the ends of justice, possession of an illegal firearm and contravention of the Immigration Act.
Boshoff said Matonhodze faced far more serious offences, but the mitigating factors already mentioned worked to his benefit.
“You put yourself at the mercy of this court by pleading guilty. So that says quite a lot in your favour,” he explained.
Although several factors were in Matonhodze’s favour, Boshoff felt compelled to give the 32-year-old a “merciful sentence”.
Matonhodze was sentenced to 12 months’ for each of the three lesser charges and three years’ imprisonment for attempted murder, with the sentences to run concurrently.
“It is further ordered that you be deported once your sentences are served,” Boshoff concluded.
