Demands release of cartridges
tic expert,” reads part of the letter to the Crown.
Howe also stated that the Crown had written to them regarding the opposition of the application and the point in limine (a motion before a trial begins).
He said their understanding was that the Crown would file a notice to oppose the point in limine (to discharge order to detain items found in possession of the accused persons) if it was opposed to it.
Howe also further pointed out that the Crown’s undertaking to the court was that it would then file its opposing arguments in that regard. He informed the Crown that if they were not served with the notice to oppose, they would take it as unopposed.
In a letter dated April 11, 2023, addressed to Zweli’s representative, Principal Crown Counsel Sandile Mdluli informed him that the exhibit/cartridges were found, allegedly, in possession of the first accused (Malinga), and on Zweli. ance on Friday before Mbabane Acting Senior Magistrate Thembela Simelane, facing three counts.
In count one, all the accused persons were charged for allegedly throwing hard objects at Futhi Masilela’s property. It is alleged that the hard objects caused damage to Masilela’s property to the value of E5 500. The damaged property included a Sinotec television flat screen set, Mobicel R1 cellphone and window glasses. Shongwe,
The list of the stolen items in the second count:
The list of the stolen items
Hisense plasma TV
Compact HP laptop
Gucci handback (brown )
Bassi cologne
Veges
Fruits 2x fruit juices
Beef
Turkey
Mince meat
Chicken hearts
500 grams
Sauces
Total mixed vegetables
Value 6 000 2 500 2 000 900 50 50 46 35 60 60 60 15 59 11 795
Mdluli also told Howe that an exhibit must follow a chain of custody, taking reasonable care for its preservation until the conclusion of the trial.
Mdluli also informed Howe that the cartridges were detained on the strength of an order of the court.
“The cartridges you are requesting have been detained as an exhibit by virtue of a court order issued on March 13, 2023, pending finalisation of the criminal trial. An exhibit must follow a chain of custody, taking reasonable care for its preservation until the conclusion of the trial.
Exhibits
“The exhibit must not be touched by any individual other than the experts who are properly trained to handle exhibits. An accused person reserves a right to apply through the court to engage his or her expert to test the exhibits after the Crown has presented them in court if he or she is not satisfied by the expert evidence presented by who is the first accused person in the matter, was also charged for assaulting Phinda with a pickaxe handle on the left hand twice with intent to injure him. This is according to count two.
Injure
In the last count, Shongwe was also charged for allegedly assaulting Phumlani Tsabedze with a pickaxe on the right hand once with intent to injure him.
The Crown pleaded with the court the Crown,” wrote Mdluli.
On March 17, 2023, the accused persons told the court that they did not want investigators to switch on the cellphones police took from them during their arrest.
Five cellphones are among 16 items that were detained by the police from Zweli, Malinga and Mxolisi. The cellphones a Nokia, Black Stk, J4 Core black, Huawei purple/blue and a V- Phone black. The detained items include four SIM cards.
The application to detain the items was made in terms of Section 23 (1) of the Suppression of Terrorism Act of 2008.
During the trio’s remand hearing on March 17, 2023, Howe told Judge Justice Mavuso that their difficulty was that Section 21 provided that the detention should be for a period of 48 hours and an extension should not exceed seven days.
Howe, who appears in the matter alongside Human Rights Lawyer to have all the said accused persons remanded in custody until April 27, 2023, pending setting at Lobamba Circuit Court with bail not being opposed.
During the bail application, Simelane told Shongwe that his bail amount was going to be higher as compared to the other accused persons, as he was facing three counts.
Shongwe was granted bail fixed at E2 000, while Kunene, Mkhize, Siyaya and Mapopo had their bail
Thabiso Mavuso and Professor Dlamini, who appear for Mxolisi and Malinga respectively, said a period of 48 hours lapsed. As a result, Howe said the detained cellphones should be released to the accused persons.
“They should return our phones, give them to the court, which will direct on what should happen and find an independent person to keep them,” said Howe.
Acting Director of Public Prosecutions (DPP) Lomvula Hlophe applied that the cellphones be kept wherever they are and not be released to the accused persons. Howe said the cellphones must not be switched on until the matter in which they challenged the order to detain the accused persons’ items was finalised.
Judge Justice Mavuso said it was in the interest of justice that all the parties must be heard.
Judge Mavuso said he would respond if he had seen the full set of papers to be filed. fixed at E1 500 each, with normal bail conditions. They were given a strict warning while out on bail and warned against committing similar offences. They were also instructed to attend all remands and hearings whenever ordered to do so.
They were ordered to report to the nearest police station every last Friday of the month, pending finalisation of the matter. The matter was later postponed to April 27, 2023.