Shoot me, accused tells magistrate
MBABANE - Mbabane Magistrate Lenhle Zulu was yesterday taken aback when an accused person told her to shoot him in the head.
Banele Gumedze (45) of Mnyokane told Zulu that shooting him could be the best way to deal with his case since he no longer trusted any court in Eswatini.
This was after Zulu had asked Gumedze if he knew that he risked being charged with contempt of court if he conducted himself in an unruly manner in court.
Zulu cautioned Gumedze after he had made startling allegations against courts in the country, stating that he no longer had confidence in them. Zulu also told Gumedze that there was no way she could kill anyone for any reason, as she believed that Jesus died for everyone.
Anger
Gumedze, who was speaking with anger, claimed that Eswatini courts no longer existed to serve justice but to oppress him. He was in court facing a malicious damage charge. He is accused of vandalising window glasses valued at E6 000 and a door valued at E7 500, the property of or in the lawful possession of Mbongiseni Dlamini at Mnyokane.
Gumedze told Zulu that the courts always exercised biasness and ruled in favour of his brother just because he was capable of (allegedly) bribing them.
Zulu asked Gumedze if he meant that she was also corrupt or bribed. However, Gumedze did not come out clearly. He stated that he referred to all the courts across the country.
“The courts are failing to establish why I’m always brought here. I am not here because I am a violent person or mentally challenged but because I am fighting for my right. No child has a right to expel another from their home after the death of their parents. I have tried to defend my right at the traditional structures after I was expelled by my brother but I have never been heard because I do not have money. I am convinced that Eswatini doesn’t care about me,” he said.
Structure
Magistrate Zulu asked Gumedze if he knew that there were laws governing any structure, be it western courts or traditional structures in the country. In response, Gumedze stated that he no longer trusted any of the western courts when it came to the administration of justice.
“I will not stop coming here as long as my brother is going to provoke me and run to the police. I will commit as many offences as I can until I get justice. I cannot allow my brother, who has relocated to South Africa, to expel me from our parental homestead in Eswatini,” he said. He added that the last time he was in court for the same offence; he was referred to the psychiatric centre for no reason, just because the court wanted to frustrate him.
He told the court that he now banked his hopes on the traditional structures at Lukwatini in South Africa. This, he said, was because he was convinced that Eswatini did not care about him.
Gumedze brought another issue of a file he claimed was held by one of the local law firms pertaining to his pending compensation by the Eswatini Electricity Company. He stated that the only thing that kept him in Eswatini was the file. He told the court that he could leave Eswatini forever if he could get his file.
Magistrate Zulu advised Gumedze to follow the right procedure as opposed to violence. The judicial officer made an example that Gumedze could approach court and seek an order for the release of the files through a lawyer.
Recused
Zulu recused herself from the matter, stating that she had heard it before. She stated that it would not be fair for her to listen to the same witnesses over the same matter.
Gumedze then appeared before Magistrate Chazile Tfwala. He stated that he was yet to seek advice from his counterparts in South Africa in relation to a lawyer, when informed of his right to legal representation.
He applied that the court give him at least two weeks to finalise the issue of the lawyer. The Crown applied that he be remanded in custody until November 24, 2022 for setting of trial date in the presence of his attorney. Gumedze was granted bail fixed at E2 000, on condition that he did not commit a similar offence while out on bail. He was also warned not to interfere with the Crown witnesses while out on bail.