Court orders kidnapper to compensate woman he held hostage for more than 12 hours

A man who kidnapped a woman in her 40s with his three accomplices and held her hostage for more than 12 hours has been ordered to pay his victim R30,000 before the end of July.  

The Welkom magistrate's court in the Free State handed down a five-year sentence to Molefi Johannes Qosheka, 45, which is wholly suspended for five years.  

He was ordered to pay his victim, Charmaine Botha, the wife of a Welkom mine manager, R30,000.  

TimesLIVE previously reported how Botha was abducted from work and held hostage in a shack at Thabong, Welkom, in November 2018.

Then National Prosecuting Authority (NPA) spokesperson Phaladi Shuping said kidnappers called Johan Botha, the husband of Charmaine and employee of Harmony Gold mine in the Free State, demanding a brick or a bar of gold in return for the release of his wife.

“Botha reported the matter to his employer and the SAPS. The mine management gave him a bar of gold valued at R6.5m to give to the kidnappers, and the wife was released after the kidnappers received the gold,” said Shuping.

The kidnapping ordeal lasted 12 hours.

Free State Hawks spokesperson Lt-Col Zweli Mohobeleli said Qosheka appeared at the magistrate's court on charges relating to kidnapping, extortion, possession of unwrought precious metal and money laundering.

At the time, a multidisciplinary team comprising the Welkom Hawks and relevant stakeholders cornered the accused and others after a three-day tracing operation.  

“The victim's vehicle as well as a Nissan Tiida used to transport her to captivity were recovered,” said Mohobeleli.

Acting Free State Hawks head Brig Xolani Matroos lauded the efforts of the team working on the case.  

“Anyone who infringes on the rights of another by kidnapping and hoping to make a quick buck shall be arrested. We are pleased the court has shown intolerance towards those involved in organised crime, targeting the vulnerable and holding them hostage. Instead of acceding to your ransom demands, we will arrest you,” he said  

The matter against the other three accused is set for July 31 for a trial date.  

Tina Hokwana, a legal practitioner, said section 300 of the Criminal Procedure Act makes provision for a court to make a compensation order.

“The section provides that where a person is convicted of an offence, which has caused damage to or loss of property (including money) belonging to some other person (the injured person) the court in question may, on the application of the injured person or of the prosecutor acting on the instructions of the injured person, award the injured person compensation for such damage or loss — S v King,” she said.

- Additional reporting by Phathu Luvhengo 

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