Guard gets bail for E658 000 diesel theft
MBABANE - A security g guard who is one of the five men who were arrested for allegedly stealing diesel amounting to over E658 000 at Southern Star Logistics has also been released on bail.
Harry Ndoda Malinga (37) of Nsingizini, who is employed by Fidelity Security Services stationed at Southern Star Logistics in Matsapha, was admitted to E15 000 bail by Judge John Magagula on Tuesday.
Surety
He was ordered to pay E3 000 cash and provide surety for the balance.
Malinga’s co- accused who were first to be admitted to bail are reportedly employed by Southern Star Logistics as fuel tanker drivers.
They allegedly started stealing the diesel in February 2020 only to be caught in September 2021.
The co- accused are Lucky Muzi Sifundza (41) of KaShewula, Sicelo Sibonangaye Sifundza (39) of KaShewula, Themba Mandla Sikhondze (54) of Mdumezulu and Mandla Simelane.
According to the a charge sheet, the accused person each or all of them acting jointly in furtherance of a common purpose, unlawfully and intentionally stole diesel amounting to E658 165.51, the property was in lawful possession of Sifiso Mamba (Matsapha Engen depot manager).
In his affidavit, Malinga told the court that on January 11, 2022 he was arrested at KaShewula by members of the Royal Eswatini Police Service (REPS) from Manzini Regional Headquarters who subsequently charged him with the offence of theft.
Guilty
He informed the court that during his trial he would plead not guilty as he never stole the diesel.“I do concede that an offence of theft is a serious charge. However, it is my humble submission that the prospect of being convicted of theft is negligible.
“I am not in any way afraid of a sentence that may be meted against me.
“On the other hand, it is my submission that even if, the prospects of being convicted were weighed, it is not lawful to keep me in custody pending my trial as a form of anticipatory punishment,” contended Malinga.
It was further his contention that he had a right which was even guaranteed in the country’s Constitution that he must be presumed innocent until proven guilty. His co- accused, Sifundza narrated to the court that on December 28, 2021 he received a phone call from a police officer who advised him to come to Manzini Police Station. He told the court that he duly complied with the officer’s advice and proceeded to the police station in the company of his attorney.
The accused said upon arrival thereat he found one of his co- accused (Themba).
“I do submit that, we were questioned by the officers about the theft of diesel at our workplace and we duly informed the officers that, we knew nothing about such and they told us to go back home, submitted Sifundza. He narrated to the court that subsequent to that, they were once again summoned to the police station on January 5, 2022 and they still maintained their innocence in respect of the theft of diesel and they were released.
Advised
“I humbly submit that on Monday, January 10, 2022, Detective Maseko again advised us to come to Manzini Police Station whereat despite pleading our innocence we were arrested for the theft of the diesel and we appeared at the Matsapha Circuit Court,” he argued
Sifundza told the court that the matter was urgent as they were incarcerated and their freedom was curtailed.
The accused persons were each admitted to E15 000 bail by Judge Maxine Langwenya. Each was ordered to pay E3 000 cash and provide surety for the balance.
Sicelo, Harry and Themba were represented by lawyers from N.E Ginindza while appearing for Lucky was Sipho Gumedze of V.Z Dlamini Attorneys.