Swazi Observer - - NATIONAL NEWS - By Sandile Nkam­bule High Court

ROB­BERY sus­pect Fran­cis ‘Magojogojo’ Sibiya whose bail was re­voked by two mag­is­trates af­ter be­ing held in con­tempt while on bail, says he is sick and wants out of jail.

Sibiya has filed an ur­gent ap­pli­ca­tion for bail at the High Court where he is seek­ing an or­der of court re­view­ing and set­ting aside the rul­ing by the re­spon­dents (Mag­is­trates Sindi Zwane and Siphosini Dlamini) for re­vok­ing his bail.

Sibiya also seeks an or­der of court set­ting aside the war­rants of ar­rest is­sued by the two mag­is­trates against him and fur­ther di­rect­ing that he be re­leased from cus­tody on the same terms and con­di­tions as pre­vi­ously granted by them sub­se­quent to fail­ure to al­legedly pros­e­cute him on the charge of con­tempt of court.

He sub­mit­ted that the mat­ter was ur­gent in that as a sickly per­son he re­quires a spe­cial diet not pro­vided in prison and is fur­ther not get­ting the nec­es­sary con­stant med­i­cal at­ten­tion which he re­quires while in cus­tody.

Sibiya is rep­re­sented by Mba­bane based Lawyer Non­cedo Nd­langa­mandla of Ma­bila At­tor­neys in As­so­ci­a­tion with N. Nd­langa­mandla and S. Jele in the mat­ter.

Charged with two counts of rob­bery, one of theft by false pre­tenses and the other for con­tempt, the sus­pect in his af­fi­davit sub­mit­ted that he was ar­rested by the Manzini and Pigg’s Peak po­lice for the said of­fences on dif­fer­ent oc­ca­sions.

He sub­mit­ted that he was duly ad­mit­ted to bail by the re­spon­dents and re­leased from cus­tody.

He said he con­tin­ued at­tend­ing his nor­mal re­mands un­til Au­gust 18, 2017 when he was sup­posed to ap­pear be­fore mag­is­trate Zwane but could not since he was al­legedly in­dis­posed.

“I at­tended hos­pi­tal since I had se­ri­ously fallen ill and was given some days off, I did not get bet­ter and con­tin­ued go­ing to hos­pi­tal such that I could not be in court on Septem­ber 27, 2017 when I was sup­posed to ap­pear be­fore the sec­ond re­spon­dent (Dlamini),” he sub­mit­ted.

He said a war­rant of ar­rest was there­fore is­sued against him by both the first and sec­ond re­spon­dents and was sub­se­quently re­ar­rested by both the Manzini and Pigg’s Peak po­lice on a charge of con­tempt of court.

He in­formed the court that he was of the im­pres­sion that he was go­ing to plead to the charge of con­tempt and have it dealt with dur­ing his bail but that was not the case and he was sent back to jail in May, 2018 and has been in cus­tody since then.

Sibiya sub­mit­ted that he had been ad­vised and ver­ily be­lieves that the first and sec­ond re­spon­dents should have im­me­di­ately dealt with the con­tempt of court charges im­me­di­ately upon his re-ar­rest to de­ter­mine whether he was guilty of same or not.

He stated that the ra­tionale be­hind this was that if he would be ac­quit­ted on the con­tempt charges, he would be en­ti­tled to re­lease from cus­tody on the same terms and con­di­tions he was given when bail was granted to him. The fail­ure to deal with the con­tempt of court charges for a pe­riod ex­ceed­ing six months ac­cord­ing to Sibiya is it­self an ir­reg­u­lar­ity which should war­rant the High Court to have war­rant ar­rests is­sued against him set aside and re­lease him from cus­tody. He sub­mit­ted that this is more so be­cause he had a rea­son­able and prob­a­ble ex­pla­na­tion for his fail­ure to at­tend court on Au­gust 18, 2017 and Septem­ber 7, 2017 be­fore the re­spon­dents. He averred that the ac­tion of the re­spon­dents to keep him in cus­tody on the strength of the war­rant of ar­rest or a charge of con­tempt of court with­out same be­ing heard was tan­ta­mount to a can­cel­la­tion of his bail fur­ther stat­ing that be­ing re­voked of his bail with­out be­ing heard was an ir­reg­u­lar­ity war­rant­ing the honor­able court to re­view and set aside the de­ci­sion of the re­spon­dents.

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