Shongwe enjoys best privileges – Correctional

MBABANE – Sipho Shongwe, according to the commissioner general of His Majesty’s Correctional Services, continues to enjoy the best privileges despite his alleged misconduct.

The Commissioner General of His Majesty’s Correctional Services, Phindile Dlamini, made these submissions when answering to Shongwe’s application where he claimed that his stay in prison had been marred by controversy including inhumane and degrading treatment and harassment which has become unbearable.

“Shongwe continues to enjoy the best privileges. He is one of the few inmates who enjoy the privileges of being served a sumptuous meal from his family. He also enjoys medical attention from a private doctor. This includes taking him to a private doctor outside the prison without fail,” submitted Dlamini.

She said the court should not believe Shongwe’s claims that he was mistreated at the Correctional facility.

“May I draw the court’s attention to the Correctional Service Act of 2017 that a judge is allowed to come and inspect any correctional facility when necessary and I would invite the court to come and see how we are treating Shongwe, by taking evidence from him and other inmates as well as the Correctional officers,” contended the commissioner general.

Interfere

Dlamini further submitted that the Correctional facility did not wish to keep anyone unnecessarily and that was why they could not interfere with his right to have his appeal on extradition enrolled. She said they did not wish inmates to be kept in prison longer than they deserved because their matters were not enrolled in court.

Meanwhile, in his application to direct the registrar of the High Court to enroll his appeal, Shongwe submitted 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. 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.

Other respondents in the matter are the King and the attorney general.

He informed the court “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.

Recourse

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

“Moreover, I am advised and verily believe that Section 21 of the Constitution Act provides for the right of a fair hearing, which hearing must be within a reasonable time. I humbly submit that the time I have waited to have my appeal enrolled is unreasonable under the circumstances and the provisions of the Constitution should be invoked,” submitted Shongwe.

He 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 l i berties. It was further his submission that matters relating to the protection and promotion of fundamental rights were by their very nature urgent.

The extradition judgment was to the effect that Shongwe, who is currently on trial for the allege d murder of fellow businessman and football administrator Victor Gamedze, is extraditable to South Africa to face criminal charges relating to escaping from lawful prison, forgery and uttering as well as to serve his allegedly incomplete sentence.

The matter is still pending in court.