SA men to be sentenced Monday over Sky News equipment

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THREE South African nationals arrested at a police roadblock in Mbalabala at the weekend and found in possession of “illegal” broadcasting equipment with Britain’s Sky News television logos were convicted on Friday, and will spend the weekend in jail awaiting sentence on Monday.

Bernet Hasani Sono, 34, Resemate Boy Chauke, 46, and Simon Maodi alias Musimani, 38, -- all from Johannesburg -- pleaded guilty to the charge before Matabeleland provincial magistrate, John Masimba.

Masimba indicated that although their sentences were ready, he was unable to hand it down because of several legal issues that he has to look at before passing sentence.

One of those issues relates to an application by Walter Bongani Dube, of the Attorney General’s Office, for forfeiture of the motor vehicle and the broadcasting equipment that was recovered following the three men’s arrest.

Dube said since the trio had indicated that the vehicle did not belong to them and that the equipment recovered in the motor vehicle was not theirs, the items could not be surrendered back to them.

“The equipment has Sky News logos and up to now no-one has come forward to claim ownership. No one knows how the equipment was brought into the country and there is a possibility that it might be used to commit an offence if it not forfeited. It is the State’s submission that the forfeiture of the car and equipment would not have any effect on the trio,” submitted Dube.

In response, the trio’s lawyer, Tawengwa Hara, pointed out that the car belonged to Sono’s employers and had been hired to come and collect the broadcasting equipment.

“The State has conceded that the equipment was not used to commit a crime in the country. There are no conclusive investigations that show that the equipment was illegally brought into the country and as such there is no need for an order for forfeiture,” said Hara quoting a number of decided cases.

Sono and Musimani were also convicted of contravening a Section of the Immigration Act.

In mitigation, Hara pleaded with the court to exercise lenience with his clients, saying their offence should only attract a monetary penalty.

Sky News is just one of dozen other foreign TV networks banned from covering Zimbabwe’s March 29 elections. But the TV station did manage to get some of its reporters on Zimbabwean soil, ignoring warnings by the Zimbabwe government.

Also Friday, Sky News’ Johannesburg bureau chief Dan Williams said the men were not Sky News staff. “We are investigating the matter,” he said, declining further comment.

Zimbabwean prosecutors say Sono and Musimani entered Zimbabwe at 6AM on Friday last week through the Beitbridge border post without valid travelling documents and failed to present themselves to the immigration authorities.

On the same day, the pair, now in the company of Chauke, was driving along the Bulawayo-Beitbridge Road towards Beitbridge enroute to South Africa when they encountered a roadblock mounted by police and Zimbabwe Revenue Authority officers just after 5PM.

While the police were carrying out their routine checks, they saw some boxes loaded in the motor vehicle. One of the police officers opened one of the boxes, which was closed but not locked, and discovered that it contained some broadcasting equipment, prosecutors said.

The men failed to give a satisfactory explanation to the possession of the broadcasting equipment leading to their arrest.

The men led police to Number 13, Bessborough Road, Belmont, in Bulawayo where they had picked up the equipment. The premises are owned by Craig Markram Edy of Hillside, Bulawayo.

Edy has been arrested and also appeared in court on Friday. Masimba granted him $40 billion bail with strict reporting conditions, but the prosecutor objected, and is launching an appeal. Edy remains in custody.
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