WHILE the Northern Cape man accused of shooting a suspected robber in the Kimberley CBD on Monday was released on warning yesterday and ordered to reappear in the Kimberley Magistrate’s Court next month to face preliminary charges of attempted murder, the alleged robber was remanded in custody.
The case against Tshepo Mervin Chweu had to be postponed in the Kimberley Magistrate’s Court in his absence as he is still in the Robert Mangaliso Sobukwe Hospital, where he is reported to be recovering from a gunshot wound to his back.
Charl Stoltz meanwhile indicated in his affidavit in support of his bail that on the day of the incident he was sitting in his Hyundai Tucson waiting for his wife and children outside the Department of Home Affairs in New Main Road. “While I was waiting in my vehicle, an unknown man knocked on my back window and said there was a problem with the car. I climbed out of the vehicle to see what was wrong and the unknown man then ran away,” Stoltz said.
He went on to say in his affidavit that another unknown man then jerked the front door of his vehicle open and grabbed his wife’s cellphone and ran away with it.
“It was quite clear that the two were working together. I fired a warning shot after asking the unknown man numerous times to stop. I aimed at the man’s legs and fired off a shot. I managed to recover my wife’s cellphone.”
Stoltz went on to say that the crowd that had gathered around him informed him that one of the men was in possession of a knife, which was confiscated by a member of the crowd.
Handing down her decision on the bail application yesterday, Kimberley Magistrate Celeste Nameka said that she had researched the increase in crime in the country to assist her in making her decision. One of the articles she quoted, indicated an increase in aggravated robbery.
“The latest statistics I could find was from March 2017. What these statistics showed was that the suspect would most likely be in possession of a weapon - usually a knife - and that a suspect usually worked with another person.”
Nameka went on to say that according to another report, South Africans had become blasé about crime and corruption and that criminals weren’t afraid of South Africa’s weak laws.
“The article states that most South Africans live in fear and don’t feel safe on the streets, in their homes or in their cars. The problem is that we have become blasé about crime. It is reported daily in the newspapers and on TV, and each story is soon forgotten, never to be followed up by the cops. Criminals are not afraid of South Africa’s weak laws,” Nameka said.
She went on to quote the same article which said that “politicians need to set aside their power play to the masses, attacks on each other and public stunts to score political points. Unrealistic promises always come out at election time, but when one is not in power one can promise anything for votes. These politicians should concentrate rather on the serious issues, such as job creation, corruption and crime”.
Nameka also went on to quote another article, ‘Fed-up citizens are turning the tables on criminals’.
“According to this article, there has been an increase in reported incidents where citizens have gone head-to-head with robbers and come out tops. Quoting the article a robber was shot dead in Vereeniging when he tried to choke a 79-year-old grandmother. Her daughter shot him through the car window, and images of his bloodied corpse were circulated on social media.
“Another recent incident involved a Joburg businessman who fired rounds in a desperate bid to scare two men who were attempting to rob him. Although he did not injure the robbers, the Mulbarton man’s bold actions resulted in the pair fleeing the scene in a panic and failing to make off with any possessions.
“This is just some of the statistics we are faced with. I can also quote Lizette Lancaster from the Institute of Security Studies, who said that there is a fine line between mob justice and self-defence. She went on to explain that self-defence happens during the crime while mob justice takes place after.
“South Africans use their own ways to protect themselves, but we are still vulnerable even in our own homes,” Nameka said.
She went on to say that a self-defence instructor also reported an increase in women approaching him for training.
“The fact is South Africans are living under the impression that if you act in self-defence you end up in jail, but when you rob someone you get released.”
Nameka also stated that she was not impressed with the evidence led by the investigating officer, Warrant Officer Jacobus Johannes Markgraaff.
“He claims to have 28 years’ experience but he can’t even confirm an address or the condition of the person who was shot. This is also an injustice to the accused with the amount of time which was lost due to the amount of stand downs.”
Nameka added that she couldn’t look over Stoltz’s prior convictions.
“However, after taking everything into consideration, I find that it is in the interest of justice to release the accused on warning.”
Conditions of his release included him having to report to his nearest police station every Wednesday until his next appearance; he has to appear on his next court date or a warrant will be issued for his arrest; and should his address change, the authorities need to be informed immediately.
Meanwhile, the Northern Cape Department of Health yesterday confirmed that Chweu was being treated at Robert Mangaliso Sobukwe Hospital. Department spokesperson Lebogang Majaha said that Chweu was in a stable condition.