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The woman believed to have masterminded the group's activities as well as the driver of the getaway vehicle, managed to walk away without being sentenced. This despite apparently incriminating evidence and their open lies in court, to such an extent that loud gasps of astonishment and chuckles could often be heard from the gallery during months of court appearances. But the shop owners of Treasures4u, Gunter and Claudia Pirker, are not sitting back and simply accepting what they deem to be an unacceptable travesty of justice.
Nomazangwa Gamanda (34) and the driver Asanda Buzo (26) both insisted they were innocent, although they had been caught with the other two female suspects, Xolelwa Mancame (53) and Mzameli Pune (42), all within 18 minutes of being seen stealing goods from Treasures4u in Knysna. Police gave chase and cornered them in Sedgefield where the driver, Asanda, also tried to flee from the vehicle, but tripped and was caught and cuffed.
Apart from the stolen items literally pinned onto the ladies' underwear underneath their clothes, bags of other stolen items were also found stuffed beneath the seats of the car. During their bail applications, only the driver was granted bail as he did not have a previous criminal record. The court was astounded to learn that all three the female suspects had lengthy criminal records listing oft-repeated offences and testifying to a life of crime. Each of the women also had between 18 to 30 aliases and false addresses.
On Novemer 1, 2012, the court heard that Gamanda had a record dating since 1997 and tracing her activities to places as far as Port Elizabeth, King Williamstown, Uitenhage, Humansdorp, East London, Fort Beaufort and Vanderbijlpark. Some of the names she used in in the earlier cases against her include Cynthia, Simanye, Montola, Nomtunzi, Nomkita, Notara, Nititi, Vonesa, Veliswa, Nosipho, Nomvuyokasi, Numpemolelo, Nomala, Sindukla, Nosite and Enfumela. Some of the surnames she used are Xolani, Moyakwi, Wena, Kakaza, Kakazi, Matonka, Weliswa, Nomabani, Matosi, Yuyi, Spoetla, Devani, Jacobs and Noltapit. She also gave several permanent residential addresses, including in Kwanokathulo, Lawaaikamp, New Brighton, Kwazikele, Bloemendal and Vereeniging.
In 2003 she was found guilty on a charge of assault. During prosecution she was also asked why she had not appeared in court in Uitenhage on September 27, 2011 regarding another case of theft, using the name Pumela Jacobs, for which a warrant of arrest had been issued.
In a open letter to authorities, the Pirkers write, "We would like to know how it is possible that a woman with at least 18 false names and as many criminal cases on record and at least one case pending against her in Uitenhage, can be let free? She also admitted to being guilty in one of her court appearances but the very next time she again pleaded not guilty, and the audience in court was actually laughing, it was that ridiculous! Not once was I (Claudia Pirker) called in to testify against the two 'not guilty'."
It was only on personally enquiring about the status of this case, after they had received no updates from the police, that the Pirkers made the shocking discovery that the case of the two who had pleaded not guilty, had been closed and that only the other two female suspects had been sentenced.
"From what we understand, correct police procedure would have been for the Knysna Police to immediately arrest Gamanda for the case in Uitenhage?"
The Pirkers say that they were initially very impressed by investigating officer Constable Fergus Paulsen's detective work and determination to see the case through successfully.
"Unfortunately, he was removed from the case," writes the Pirkers. "It would appear that the person who then dealt with this case, did not have a clue what serious criminals he was dealing with and he most probably hadn't even gone through the files in order to present them in court, which Paulsen would have done. What happened?"
Claudia Pirker says she clearly remembers the first time the four suspects appeared for their bail application.
"The judge said that these three women did not deserve to be let loose in society, as they had so many cases of criminal activity to their many names. And now? After months of wasting taxpayers' money carting them between Oudtshoorn and Knysna for endless postponements, it seems to us as outsiders that whoever got bored with the case, dropped the one and gave the other two such a light sentence. Where is justice? A man got four years for stealing a piece of cheese in Sedgefield, and these three run their thieving syndicate from other businesses!"
In conclusion: "Letting the two syndicate members walk free after they were caught red-handed - does this not clearly teach people it's better to lie because then the courts will set you free? How ironic and sad that the two who did admit their guilt were then in the end the only two who got sentenced? What is the message sent out by our justice system to criminals? We are utterly disillusioned by this entire charade."
Knysna police communications officer, Constable Chris Spies responded: "An intensive investigation was done with regards to the incident and the previous convictions of the suspects. The investigation into this case was already completed when it was transferred from Paulsen to another member. The decision to allocate case dockets to members is an administrative matter and the reasons thereof will not be made public. The accused, Mancame and Pune were found guilty and convicted. Their last court appearance was February 15, 2013. Knysna Police do not comment on the outcome of such cases in terms of our internal police policy."
Zwaai Krüger of Krüger & Co Attorneys says the case against his client, Gamanda, was withdrawn as the evidence against her was insufficient.
The driver of the getaway vehicle, Asanda Buzo (26).
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