Vosloorus station commander sentenced to R10 000 fine or 12 years in prison
Brig Themba Denge, the Vosloorus SAPS station commander, was found guilty in the Boksburg Magistrate’s Court on August 30 of an offence pertaining to loss of his state-issued firearm and failure to lock it away in a prescribed safe.
The top cop made his first court appearance last year and was later found guilty of the offence before his sentencing on October 17.
He was sentenced to a R10 000 fine or 12 months’ imprisonment.
Denge was offered a deferred fine, meaning that the fine can be paid off in instalments – an immediate R2 000 payment and two instalments of R4 000 each over the next two months.
The court heard that at about 6am on June 7, 2017, Denge left his service pistol in the cubby hole of his locked motor vehicle parked at the Vosloorus Police Station.
He proceeded with his normal work duties in the office until late in the day. But when he returned to his vehicle at about 9.15pm, he discovered that the armrest in his vehicle was opened. He then noticed that his firearm was gone.
The station commander opened a case of theft and missing firearm at his police station the following day. He was later charged with offences pertaining to the loss of the firearm.
In his testimony, Denge told the court he believed the reserved parking at the police station was secure. The accused was, however, unable to explain as to what made him believe that the parking lot was secure.
The court found that Denge’s action to lock the firearm in the cubby hole of his vehicle amounts to the contravention of the provision of Section 120(8)(a) and (b) of Act 60 of 2000.
The firearm had since been recovered and investigation revealed that it was never used in a criminal activity.
- The sections provide as follows:
A person is guilty of an offence if he or she (a) fails to lock away own firearm or firearms in his/her possession in a prescribed safe, strong-room or device for the safekeeping when such firearm is not carried on his/her person or is not under his/her direct control; or (b) loses a firearm, or is otherwise dispossessed of a firearm owing to that person’s failure to (i) lock away the firearm in a prescribed safe, strong-room or device for the safekeeping of a firearm; (ii) take reasonable steps to prevent the loss or theft of the firearm while the firearm was on his person or under his/her direct control.
Our sister publication, the Kathorus MAIL, reported that during the sentencing, the state and Denge’s defence team agreed that the accused had made a mistake and that this could have happened to anyone.
Despite that, the state argued that Denge is a person who holds a higher position in the police service and that he deserves a heavy sentence so that his subordinates can learn from his negligence. The state motivated that Denge serve time in prison and that his licence to possess a firearm is revoked.
However, Denge’s lawyers told the court that Denge was a first-time offender and a person whose work revolves around the protection of the community and objected to a prison sentence.
They suggested community service or a fine instead of a prison sentence.
Before delivering his verdict in court, the magistrate took into consideration the following: Denge reported the matter to the police before the case against him was registered. He took it upon himself to investigate the case, looked for the weapon and later found it, no crime was committed while the weapon was not in his possession.
The magistrate, however, said he was not going to overlook the seriousness of the matter, saying the accused occupies a top position in the police service, therefore, he must set an example for others.
This court didn’t revoke Denge’s right to possess a firearm.
Provincial police spokesperson Col Lungelo Dlamini said: “The law has taken its course.”
Magistrate Emanuel Magamba presided over the matter and Angeline Mooiman appeared on behalf of the state.
ALSO READ:
Rapist sentenced to 36 years in prison
Farmer sentenced for murdering a cattle herder in Mapleton case .
Follow us:
For more #hyperlocal news at your fingertips, visit Benoni City Times, Springs Advertiser, Brakpan Herald, African Reporter and Kathorus Mail.
