High Court reduces man’s E17 000 bail

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MBABANE- The High Court has reduced a bail of E17 000 which had been imposed by an acting magistrate on a man who is facing two charges of theft under false pretences.

On top of the E10 000, a magistrate who admitted the accused to bail had also ordered Mlandvo Thabiso Mabuza to pay the complainant in the matter a sum of E17 000 as compensation.

Mlandvo and his co-accused Dumisani Sabelo Ndlela of Mfabantfu are alleged to have with intent to defraud and steal, misrepresented to Nkosingiphile Mabuza by stripping and selling his car to a scrapyard, a

Tata Indica valued at E17 000. According to the charge sheet, the car had been taken to the duo for repairs.

The accused (Mlandvo) yesterday moved an urgent bail application at the High Court where he argued that in essence he had to pay E17 000 as bail, a state of affairs that might make his situation an impossible task to achieve.

Advised

He told the court that he had been advised that the procedure that was adopted by the acting magistrate, in fixing the bail amount to E10 000 and E7 000 respectively, was highly irregular and it needed correction by the High Court. It was Mlandvo’s contention that the magistrate ought to have led prima facie evidence to establish the value or amount as the case might be, otherwise bail would be decided on speculative grounds.

“I am advised further that magistrates are obliged, subject to the requirements of law. They have no discretion in the matter.

A magistrate is obliged to take into account the value of the property in respect of which the offence is committed,” he argued.

The accused told the court that in his matter, there was no indication of any evidence having been led.

He contended that the obvious person who was to be called was the complainant. He averred that all that the record indicated were entries relating to the remands in custody. The accused was represented by Thabo Hlanze of T.V Hlanze Attorneys in Manzini.