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Friday, January 21, 2005 - Web posted at 8:07:28 GMT

New Stock Theft Act strikes

WERNER MENGES

'Ten-year jail sentence for stealing one cow'

THE severe mandatory sentences for stock thieves that Parliament approved last year claimed their first known victim yesterday.

In the first known application of the heavy sentences that the 2004 Stock Theft Amendment Act prescribes for stock thieves, Grootfontein Magistrate André le Roux yesterday sentenced Daniel Nghitukwa, a resident of Ozongwe in the Otjituuo area some 60 kilometres east of Grootfontein, to 20 years' imprisonment for the theft of a single cow.

The Magistrate suspended half of that sentence for five years, though, with the effect that the 33-year-old Nghitukwa now faces a 10-year jail term.

Nghitukwa was sentenced after he pleaded guilty in the Grootfontein Magistrate's Court to a charge that he had stolen a cow, valued at N$1 500, at Ongongoro in the Otjituuo area during December last year.

The animal was returned to its rightful owner after Nghitukwa had sold it at an auction.

Nghitukwa was arrested on Tuesday this week.

Having become the first person to be at the receiving end of the heavy prison sentences that the Stock Theft Amendment Act requires courts to impose, Nghitukwa's fate is not completely sealed.

His case is now to be sent to the High Court, where a Judge will have to review it to see if he was correctly tried and sentenced, and where it is expected the new law will, probably sooner rather than later, face a challenge to its constitutionality.

The Stock Theft Amendment Act has been in force since December 20 last year, when it was published in the Government Gazette.

In terms of the changed law, courts in Namibia have to sentence any first-time stock thief who stole any stock, except for poultry, valued at less than N$500 to at least two years' imprisonment.

A first-time stock thief who is convicted of stealing stock - again other than poultry - valued at N$500 or more, must be sentenced to not less than twenty years' imprisonment.

For repeat offenders the risk of stealing becomes even greater.

They must be sentenced to not less than 30 years' imprisonment, without the option of a fine, the Act states.

A court may only impose lesser sentences if there are "substantial and compelling circumstances".

Nghitukwa chose to represent himself without the help of a lawyer at his brief trial this week.

Karin van Wyk appeared for the prosecution.

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