Most bail applications opposed
MBABANE - Of late, the Crown no longer allows accused persons to walk out of custody through the bail system without a sweat.
For accused persons, who file applications for bail at the High Court these days, it is almost always guaranteed that the Crown would oppose their applications.
Until the recent past, accused persons would go to court for bail knowing that their applications would not be opposed. This is no longer the case.
One of the judges who were hearing bail applications recently noted that the Crown was opposing almost all the bail applications before his court.
The judge wondered: ‘Kwentekeni, nase ni-opposa konkhe?’ (What happened that you oppose every application?) On one of the few applications that were not opposed, the judge said to the accused; ‘Wena ugezephi, because your bail is not opposed?’ The accused person did not respond to the question.
There was an application filed by an accused person, who had been accused of attempted murder. The application was opposed and the judge said to the Crown; ‘You oppose even for an attempted murder charge?’ The Crown counsel, who was appearing in court on the day told the judge that nothing had changed when he enquired why the Crown was opposing almost all the bail applications.
The court on the day heard about eight applications and only two were not opposed. A number of attorneys have noted the trend and they are not pleased about it. “Do they have to oppose even an assault charge?” wondered an attorney.
Yesterday three bail applications appeared before the duty judge, Judge Zonke Magagula, and they were all opposed.
Filed
One of the matters was a bail application filed by a 22-year-old man of Buhlebuyeza, who was doing Form V last year.
He is accused of having unlawful sexual intercourse with a 16-yearold minor. He was charged under the Sexual Offences and Domestic Violence Act No.15/2018.
Ngcebo Mavuso told the court in his bail application that he was a breadwinner and had recently received his Form V results, which were not good and he was desirous to upgrade his grades in order to be admitted to the University of Eswatini.
He argued that it was his constitutional his trial ‘as I have not committed the said offence’.
He said he was self-employed had his family depended on him for their upkeep. “From these odd jobs I am able to support my family. My continued incarceration has already caused a strain on my family as they depend entirely on my earnings,” he said. Xaba was represented by Nosisa Hlophe of Mongi Nsibande and Partners.
Phesheya Mafu (37) of Mhlanhlweni under Chief Zwide, is also in custody after the Crown opposed his application for bail yesterday. The mechanic is accused of killing Thandeka Mntjali by hacking her with a bush knife. right to be presumed innocent until the contrary was proven. The accused blamed the Crown for Mafu was charged with murder. the delay in the prosecution of his He first appeared in court on March case and said he had a right to be 13, 2023 at Shiselweni Magistrates released on bail. Court in Nhlangano.
The Crown is yet to file its opposing He told the court that Mntjali had papers. Mavuso was represented provoked him. He submitted that he by Ernest Mavuso of E.M. went up to Grade II in school. The Mavuso Attorneys of Siteki. father of five said he was the breadwinner.
The Crown also opposed a bail “I do piece jobs and from application filed by Bheki Xaba these odd jobs I am able to support (29) of Mahlabatsini yesterday. He my family. I also need to take care is alleged to have had unlawful sexual of my deceased girlfriend’s child, intercourse with a 16-year-old whom I have been taking care of on March 15, 2023 at Mzinsangu in for the past two years. the Shiselweni Region. “My continued incarceration has
He was charged under the Sexual already caused a strain on my family Offences and Domestic Violence as they depend entirely on my No.15/2018. earnings,” Mafu submitted.
On March 17, 2021 he appeared The accused submitted that if before the Nhlangano principal granted bail, there was no likelihood magistrate and he was remanded that he would abscond trial in custody. or that he would breach any of his In his application for bail at the bail conditions or skip the country.
High Court, he stated that he intended Mafu was also represented by to plead not guilty during Hlophe.
The Tigray People’s Liberation Front (TPLF), which movement from a list of led the northern region into terrorist organisations, a major war with the federal government step towards establishing an in late 2020, was interim local government after designated a terrorist group a two-year civil war. in May 2021.