Times of Eswatini

‘ I thought Sipho had reformed’

- BY MBONGISENI NDZIMANDZE

MBABANE – Commission­er General of His Majesty’s Correction­al Services Phindile Dlamini says she has directed her officers to rehabilita­te Sipho Shongwe on being honest.

She made these submission­s when responding to the fresh urgent applicatio­n filed by Shongwe where he wants the court to direct 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 has elapsed without it being enrolled. He wants the court to direct the registrar to enrol his appeal within 14 days.

In his applicatio­n, Shongwe said: “My stay at the Correction­al Services has been marred with controvers­y including inhumane and degrading treatment and harassment which has become unbearable for me.”

Predicamen­t

He submitted that the High Court had not succeeded in intervenin­g and the only solution available to his predicamen­t was to ensure that his matters, being the extraditio­n and the murder case, were expedited so that he could regain his freedom.

“I am also a sickly person who suffers from ulcers and the stress related to my denial to justice coupled with the conditions under which I live in custody have worsened my condition,” submitted the applicant ( Shongwe).

In her answering affidavit, the commission­er general said, “I had thought I had made headway on his conduct. I am shocked at the untruthful submission about his stay in the correction­al facility.”

She also denied that Shongwe’s stay in prison had been marred by controvers­y on the part of the Correction­al system. Instead she told the court that Shongwe was the one who had been controvers­ial.

According to Dlamini ( commission­er general), Shongwe was being treated like a normal inmate but they had in some instances not unleashed the maximum effect of the Correction­al facility enabling regulation­s when he committed acts of misconduct.

Harassment

“I deny that he has suffered inhumane and degrading treatment and harassment. There had been no formal complaints by the applicant in our records of any inhumane or degrading treatment occasioned by him in the hands of any Correction­al officer,” submitted Dlamini.

It was further her submission that Shongwe had on several occasions allegedly smuggled contraband­s or prohibited items such as DStv decoder, sash, cellphone, 39 telephone calling cards, unauthoris­ed letters, muti substance and a suspected poisonous powdery substance. She alleged that these items were found during periodic random searches on his person and cell.

She alleged that Shongwe used to refuse to submit to rub down body searches which included a full body search by a same sex officer in a safe and respectabl­e environmen­t and also allegedly failed to respect Correction­al Services Regulation­s.

“He sometimes verbally abuses officers on duty and threatens them with his lawyers. Shongwe insults officers and calls them stupid, poor and uses insulting term,” alleged Dlamini. The commission­er general submitted that they were, however, trying as much as possible to rehabilita­te Shongwe so that he treats everyone with respect as they respected him too. Dlamini said she thought she had made headway on Shongwe’s conduct.

Constituti­on

“I have directed my officers to also rehabilita­te him on being honest. I believe he should have concentrat­ed on the right to a speedy trial as provided in the terms of Section 21( 1) of the Constituti­on which is self- executing instead of being dishonest, with greatest of respect,” argued Dlamini.

She further told the court that it was devoid of the truth that Shongwe had contracted a new sickness.

Dlamini said Shongwe was generally not a sick person save for that when he was incarcerat­ed he reported that he suffered from ulcers. The commission­er general contended that, otherwise Shongwe was physically and emotionall­y healthy.

The urgent applicatio­n will be argued at the High Court today.

Appearing for the State in this matter is Assistant Attorney General Mbuso Simelane.

 ??  ?? Sipho Shongwe arrives in court under heavy security in this file pic.
Sipho Shongwe arrives in court under heavy security in this file pic.
 ?? ( File pic) ?? HMCS Commission­er General Phindile Dlamini.
( File pic) HMCS Commission­er General Phindile Dlamini.

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