Times of Eswatini

Most bail applicatio­ns opposed

- BY KWANELE DLAMINI

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 counŽ‹•–try.

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.

Murder

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 ?? (Pic sourced from internet) ?? For accused persons who file applicatio­ns for bail at the High Court these days, it is almost always guaranteed that the Crown will oppose their applicatio­ns.
(Pic sourced from internet) For accused persons who file applicatio­ns for bail at the High Court these days, it is almost always guaranteed that the Crown will oppose their applicatio­ns.

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