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ROBBERY suspect Francis ‘Magojogojo’ Sibiya whose bail was revoked by two magistrates after being held in contempt while on bail, says he is sick and wants out of jail.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