AN unemployed father of 16 has been sentenced to six months in prison without an option of a fine for attempting to escape from police custody at Buhleni Police Station.
Sikelela Tsabedze appeared before Magistrate Ntombifuthi Manyathi at Buhleni Circuit Court on Wednesday, facing two counts of driving a vehicle while under the influence and contravening Section 43 of the Criminal Procedure and Evidence Act.
The offences were committed on September 26. The court heard that Tsabedze was found driving along Mkhuzweni MR6 public road while under the influence, with an alcoholmeter reading of 1.47mg/l.
The second charge arose from his alleged attempt to escape from police custody at Buhleni Police Station later that day.
Tsabedze pleaded guilty to both charges, but the Crown led evidence to prove commission of the offences and called Constable Mzwandile Nkonyane as a witness.
Nkonyane told the court that he and a colleague were conducting an operation when they arrested Tsabedze. After arriving at the police station, he said Tsabedze requested permission to collect medication from his car.
The officer said Tsabedze was escorted to the vehicle and allowed to take his medication.
“He drank his medication and after taking it, he suddenly sprinted towards the gate,” Nkonyane told the court.
He said the officers chased Tsabedze, who eventually fell on his face and injured his eye.
“Tsabedze was taken to Mkhuzweni Health Centre for treatment, after which the additional charge relating to his attempted escape was brought against him,” he said.
Tsabedze was given an opportunity to cross-examine Nkonyane, but elected not to do so. He was subsequently convicted on both counts. In mitigation, Tsabedze apologised to the court and said he ran because he was afraid of being kept in police cells.
He pleaded for leniency, telling the court that he was unemployed and a father of 16 children, 10 of whom were school-going. He said he supported his children and extended family through odd jobs.
The court acknowledged his personal circumstances, but noted the seriousness of the offences.
For driving under the influence of alcohol, Tsabedze was sentenced to six months’ imprisonment or a fine of E800. For attempting to escape from police custody, he was sentenced to six months’ imprisonment without the option of a fine.
The magistrate ordered the sentences to run separately
