SA man exasperated over trial postponement
A South African dagga suspect has expressed his exasperation over his trial not kicking off in Eswatini court.
In his bail application, Siyabonga Lovemore Hlatjwayo (33) of Soweto in SA told the court that he was arrested on March 13, 2024, for the illegal possession of dagga weighing 17.8kg while driving a white Honda Fit sedan, thus contravening Section 12 (1) (a) of the Pharmacy Act 38 of 1929 as amended.
He was also charged with contravening Section 14 (2) (c) of the Immigration Act 17 of 1982 for unlawfully entering and remaining in the country without a valid entry permit.
Hlatjwayo said he made his maiden court appearance the following day on March 14 at the Nhlangano Magistrates Court where he was remanded back to custody and was told to move bail application at the High Court.
“I have been languishing in custody since then and for a countless time, the matter has been postponed for one reason or the other hence my bail application. I am getting presumptuous of the fact that my case may drag longer without being heard whilst I’m incarcerated,” said Hlatjwayo.
This he said is because for numerous times the trial has been postponed to more dates which upon arrival, it would be postponed due to unforeseeable and unpredicted occurrences. Of which when that day would arrive the matter would not be heard as well.
He stated that worsening his frustration was the matter being called for resetting of another date and therefore could not determine the trial date at the current moment. “Some remanded inmates when returning from court usually tell us that their trial dates are put around October and November due to influx of cases the court must attend to,” submitted Hlatjwayo.
He told the court that he is innocent of the charges he faces and intends to plead not guilty and is confident of his prospects of success during trial.
Hlatjwayo reiterated that even though he is a South African citizen, he is frequent visitor in Eswatini as it is his maternal home, with his mother being from Nyamane area where he grew up.
He left to seek for greener pastures when he decided to look for and stay with his father. “I therefore submit that I will not try to evade trial and will duly attend trial religiously whenever I am called to appear before court. Weighing the interests of justice, it is my humble submission that my continued incarceration is a detriment to me and my family,” he said. Hlatjwayo told the court that his incarceration is devastating to his financial gain as a self-employed brick layer, also the livelihood of his unemployed girlfriend and two school-going children, whom he said are now dependent on the SASSA grant which is a meagre pittance.
He also undertook to abide by all bail conditions imposed by the court.
“The urgency emanates from the fact that I am languishing in custody indefinitely without determination and assurance when my matter will be heard. My continued incarceration violates my liberty as I am constitutionally presumed innocent until I am proven guilty of the crime,” he submitted.