FOR­MER MP CHARLES MYEZA OUT

...Lawyer Leo Dlamini ob­tains or­der from Judge Mumcy Dlamini for his client to be re­leased on royal par­don un­der thep­re­rog­a­tive of mercy. The for­mer leg­is­la­tor is re­leased from Bhalekane Cor­rec­tional fa­cil­ity

Observer on Saturday - - Front Page - Sto­ries by Bodwa Mbingo

The steel gates at the Bhalekane Cor­rec­tional Ser­vices fa­cil­ity were for a mo­ment un­locked and they ejected for­mer Kubuta Mem­ber of Par­lia­ment (MP) Charles Myeza to the out­side world af­ter serv­ing his jail time.

Myeza was re­leased through His Majesty’s Prerog­a­tive of Mercy af­ter his Lawyer Leo Dlamini suc­cess­fully ob­tained an or­der from Judge Mumcy Dlamini for him to be re­leased at the High Court yes­ter­day. This was af­ter Myeza had filed an ur­gent ap­pli­ca­tion at the High Court where he sought an or­der com­pelling His Majesty’s Cor­rec­tional Ser­vices (HMCS) to prop­erly cal­cu­late his sen­tence, in­clud­ing the prerog­a­tive of mercy.

Myeza, who was serv­ing a five-year sen­tence wanted to be re­leased from prison since he felt he had about 13 months left in his sen­tence, which are part of the prerog­a­tive of mercy con­di­tions. Hav­ing al­ready served the four years, he sub­mit­ted in his af­fi­davit that he should have al­ready been re­leased un­der the prerog­a­tive of mercy.

Rep­re­sented by Ma­fut­seni based lawyer Leo Dlamini, the for­mer MP, in his af­fi­davit, stated that the royal par­don was given to pris­on­ers who at the time of mak­ing of the no­tice had a re­main­ing sen­tence of 13 months or more and such sen­tence to be re­duced by six months, re­spec­tively. He also re­ceived the royal par­don this year as pro­nounced by His Majesty dur­ing his 49th birth­day cel­e­bra­tions held at Siteki.

Ac­cord­ing to Dlamini in his sub­mis­sions, it is com­mon knowl­edge that on Au­gust 7, 2015; April 19, 2016 and April 24, 2017 His Majesty an­nounced the prerog­a­tive of mercy and this was ap­pli­ca­ble to the ap­pli­cant (Myeza) and that meant he was en­ti­tled to two con­sec­u­tive ameni­ties which is 2015/16.

Dlamini wanted it to be noted that the ap­pli­cant was a con­vict when the ameni­ties were pro­nounced and as such his client was en­ti­tled to ben­e­fit from these ameni­ties. How­ever, it was clear from the con­tin­ued in­car­cer­a­tion that the ap­pli­cant in this re­gard did not get any com­pu­ta­tion on the ba­sis of the ameni­ties.

In his af­fi­davit, Myeza fur­ther stated that this was a con­sti­tu­tional right in terms of the prerog­a­tive of mercy of the King and fail­ure and re­fusal by the first res pond ent(Mzu thin iN ts hang a se) cited as the Com­mis­sioner Gen­eral and the Lubombo re­gional com­mis­sioner to take into ac­count this con­sti­tu­tional right vi­o­la­tion of the Con­sti­tu­tion of Swazi­land.

On May 29 this year Myeza re­alised that the pe­riod of im­pris­on­ment was not be­ing at­tended by the com­mis­sioner gen­eral and the re­gional com­mis­sioner, hence he wrote a let­ter of com­plaint to the com­mis­sioner gen­eral.

The com­mis­sioner gen­eral, in re­sponse, in­formed Myeza that he was not en­ti­tled to the ameni­ties for the pe­riod he was out on bail pend­ing ap­peal at the Supreme Court. “It is com­mon knowl­edge that the ap­pli­cant was never granted bail as in­ti­mated, when the ap­pli­cant was re­leased on Novem­ber 2014 and there was no court or­der to the ef­fect that his sen­tence cal­cu­la­tion was sus­pended but logic and com­mon sense dic­tates that the sen­tence was op­er­a­tional and run­ning ac­cord­ingly,” lawyer Dlamini stated.

It should be noted that the ap­pli­cant was to ini­tially serve 60 months with­out re­mis­sion and as such it ap­pears the ap­pli­cant did not even get any re­mis­sion if he is at his 47th month of the to­tal sen­tence, it was fur­ther sub­mit­ted. Mean­while, Myeza was con­victed and found guilty of fraud and was sen­tenced to five years in prison by High Court Judge Nku­l­uleko Hlophe. He had been ini­tially charged with his wife Phumzile, Musa Ng­wenya and his com­pany, PPC Elec­tri­cal (Pty) Ltd.

Ng­wenya and Phumzile were ac­quit­ted and dis­charged in terms of Sec­tion 174 (4) of the Crim­i­nal Pro­ce­dure and Ev­i­dence Act 1938, af­ter their lawyer Mduduzi Ma­bila moved that ap­pli­ca­tion on their be­half.

The facts of the fraud charges were that on var­i­ous dates rang­ing be­tween Au­gust 2004 and Novem­ber 2005, all the ac­cused per­sons, while act­ing in fur­ther­ance of a com­mon pur­pose, mis­rep­re­sented to the Royal Swazi­land Po­lice that they had per­formed cer­tain elec­tri­cal works as re­flected in in­voices pre­pared and pre­sented to the RSP and sub­se­quently to the Swazi­land Govern­ment trea­sury depart­ment for pay­ment.He once filed an ap­peal where he was re­leased some­time in 2014, but was re-ar­rested and was now serv­ing his sen­tence at the Bhalekane Cor­rec­tional fa­cil­ity.

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