Three men arrested for insulting, pushing cop

MBABANE – Three men of Mdumezulu yesterday appeared at the Mbabane Magistrates Court charged for insulting and further pushing a police officer while executing his duties.

The incident happened at KaMvubu in Ezulwini.

They are Ngilozi Fakudze (29), Zweli Fakudze (24) and Lwazi Fakudze (29).

According to the charge sheet, the trio was on board a motor vehicle when they allegedly insulted Constable Mancoba Ginindza.

It is said that Ginindza was arresting other passengers on board of the motor vehicle when the trio allegedly hurled a series of insults and further pushed him.

Ngilozi pleaded guilty to the charge while the duo pleaded not guilty. However, before entering the plea of guilty, Ngilozi seemed confused.

Drunk

“Let me plead guilty to the charge because I was too drunk and I cannot remember what actually happened. I am a law-abiding citizen who respects the laws of the country. I, therefore, plead for the court’s leniency. I hope this will not happen again,” he said when mitigating on the sentence.

He added that he was an orphaned and unemployed man.

When passing sentence, Acting Magistrate Simo Simelane considered the seriousness of the offence.

Simelane stated that Ngilozi’s failure to listen to a police officer was tantamount to him taking the law into his own hands.

The court also considered the fact that Ngilozi insulted and pushed the officer during an arrest that was not even intended on him.

Ngilozi was sentenced to 10 months imprisonment with an option to pay a fine of E1 000.

However, five months or E500 was wholly suspended on condition that he was not convicted of a similar offence.

The duo was granted bail fixed at E500 each. Their trial was set for September 21, 2021.

Vehicle

Meanwhile, Simelane asked the Crown why the trio was charged separately yet the offence was allegedly committed by the same accused persons who were on board the same motor vehicle at the same time.

“Such was bound to happen if accused persons are brought to court at 11am. I will always emphasise that my court starts at 9:30am and there will come a time when I will not entertain matters brought to court after the starting time. There is no rocket science in charging accused persons together for an offence which occurred in the same course of action,” he said.

The judicial officer stated that charging the trio separately was likely to jeopardise the case as the first accused person had been convicted.

“When we acquit people you will say we are not helping you,” he said.

Simelane mentioned that his comments were not necessarily directed to the Crown.