AN E-HAILING services driver was sentenced to 20 years of imprisonment for transporting a gang of robbers to and from two crime scenes, when he appeared at the Durban Regional Court on Wednesday.
During the sitting, magistrate Hein Visagie disagreed that Siphephelo Mtshali, who drove the getaway vehicle in two January 2020 robberies, played a lesser role.
“Someone has to drive the getaway vehicle. In matters such as these, everyone has a role to play,” said Visagie.
The first robbery, involving Mtshali and three others, occurred on January 14, 2020, where the gang stormed into a TV repair shop in Amanzimtoti, stole cell phones from the owner and an employee, as well as cash.
Two days later, they robbed a house in Pinetown. Amongst the valuables taken were TVs and sound equipment.
Firearms were brandished and in both instances where Mtshali drove the others to the crime scene and back home again, plus he received R2 000 in cash after the first incident.
Mtshali was charged with two counts of robbery with aggravating circumstances and a housebreaking count, and was convicted accordingly last week.
The three other suspects are still at large.
Mtshali was arrested on January 16, 2020, after a security official viewed CCTV footage from a camera on a property neighbouring the TV-repair shop.
The number plate of the Chevrolet Aveo that Mtshali drove was noticed and police were able to track the vehicle.
Upon further inspection, the security official noticed a dash camera fitted to the Aveo.
The audio visual footage that was lifted from the device showed some of Mtshali’s involvement in both robberies.
Visagie said the sentence he handed down needed to “send a message to would-be offenders”.
“It must make them realise that they will be severely punished, which society wants to see.”
Courts were inundated with crimes like murder, robberies and rape, in spite of the legislation in place, Visagie raised that the latest crime statistics showed house robberies were most prevalent in spite of homeowners investing in security measures.
“The innocent consumers bear the brunt.”
Visagie disagreed with Mtshali’s legal representative saying the crimes were not premeditated.
“Firearms had to be obtained and I have no doubt it might have been done illegally.
“You drove from your home to the Toti TV repair shop. The only conclusion is that the target was carefully selected.”
Visagie said he convicted Mtshali because he acted in “common purpose with the others”.
State prosecutor Surekha Marimuthu cut no ice in laying out the facts.
She said: “Had it not been for you taking the others to the scene they wouldn’t have been able to commit the crimes.”
Visagie told Mtshali that he had the opportunity to think about everything but he realised it was profitable for him.
Having considered everything, Visagie said he found no compelling reason to deviate from the minimum sentence for the robbery counts (15 years).
Therefore, he sentenced Mtshali to 15 years for the robberies and ordered they run concurrently with a five-year sentence for the housebreaking charge.
SUNDAY TRIBUNE