Tunomukwathi Asino
WINDHOEK – Frans Haufiku, 23, who wolfed ribs worth N$104.95 from Spur restaurant on June 11 without paying a dime walked off with a slap on the wrist.
Magistrate Justine Asino merely cautioned and discharged the accused in the Windhoek Magistrate’s Court yesterday.
Haufiku who was arrested on Wednesday conducted his own defence and pleaded guilty to the charge of theft related to bilking.
Haufiku informed the court he was single, had no children and was unemployed.
He said on the day of the incident, he woke up early to go look for work.
“I found myself in a situation where I went to the Spur – as I was hungry I asked for food,” he said.
He added that he thought there was a “misunderstanding”. The waitress brought the food but after he finished eating he told her he did not have any money to pay. She then called the police and he was arrested.
Haufiku informed the court he could afford a fine of N$50. “I will ask my sister to pay the fine,” he said.
Prosecutor Samantha Diergaardt said the offence has become prevalent in the community.
“When one goes to a restaurant and orders food, it is expected that one pays for the food ordered,” she said.
She added that should Haufiku have told the Spur workers that he did not have money to pay they would not have given him the food.
“The fact that one is unemployed should not be used as an excuse, society expects criminals to be duly punished,” Diergaardt continued.
She requested the court to fine him N$400 or in default of payment to spend 30 days in prison.
The magistrate appeared lenient. She said Haufiku was a first offender who pleaded guilty. “However, the fact that you are hungry does not mean you can just enter restaurants and start eating knowing you do not have money, and only tell the waitress after you have consumed the food that you do not have money,” Asino said.
She added that this would have a negative effect on the economy of the country as businesses would no longer make a profit and employees would lose their jobs.