Sipho wants appeal enrolled urgently

MBABANE- Sipho Shongwe has moved an urgent application to compel the registrar of the High Court to enrol his extradition appeal. Shongwe filed his notice of appeal on August 7, 2020, which means 11 months had elapsed without it being enrolled.

He is appealing against the order that he be extradited to the Republic of South Africa where he was said to have been fraudulently released from Barberton Maximum Prison. The appealed judgment was issued by Manzini Principal Magistrate David Khumalo on June 20, 2020. Through his attorney Noncedo Ndlangamandla, Shongwe yesterday filed an urgent application where he is seeking an order directing the registrar of the High Court to enroll his appeal within 14 days. Other respondents in the matter are the King and the attorney general.

JUDGEMENT

He informed the court that the judgment on his extradition was delivered on May 20, 2020 and written reasons thereof were provided on July 23, 2020. Shongwe said he then noted an appeal against the judgment.

“Through my attorneys, I approached the registrar of the High Court to request that the appeal should be enrolled for hearing. I was advised they received a positive response that indeed the matter would be allocated a date,” submitted Shongwe.

He averred that, however, up until April 9, 2021, the matter had not been enrolled, despite numerous requests by his attorneys. According to Shongwe, the matter was then set down on numerous times before the High Court for allocation of a date of hearing but it was never enrolled despite the notice of set down.

“I submit that I was arrested for murder in February 2017 and have been kept in custody since then. The court granted me bail on the murder charge but I am being kept in custody on the basis of the extradition judgment sought to be appealed,” contended the applicant ( Shongwe). He brought it to the attention of the court that he had spent over four years in custody.

AVERRED

Shongwe averred that the failure to enroll his appeal by the registrar of the High Court was an injustice warranting that he approach the court for recourse.

He argued that he had a right to liberty as enshrined in Section 16 of the Constitution and the failure by the registrar of the High Court to enroll his appeal was a violation of that right. Shongwe contended that the matter was urgent and he could not be afforded substantial redress at a hearing in due course because it pertained to personal liberties. It was further his submission that matters relating to the protection and promotion of fundamental rights were by their very nature urgent.

The respondents are yet to file their papers in the event they are opposing the application.