Times Of Swaziland: OVER E1.7M EXHIBITS MISSING AT POLICE STATION

OVER E1.7M EXHIBITS MISSING AT POLICE STATION
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BY MBONGISENI NDZIMANDZE on 15/04/2021 08:15:00


MBABANE – Mystery surrounds the alleged disappearance of exhibits worth over
E1.7 million at Tshaneni Police Station.
The exhibits, which are now reported to have grown legs at the cop shop,  were
initially taken from a group of five sugar cane farmers of Vuvulane, who were
arrested for alleged theft of farming equipment and tools, whose charges were
later withdrawn. The farmers are Mpisi Dlamini (80) of Lavumisa, William
Mkhaliphi (82) of KaShoba, Philemon Maseko (45) of Khuphuka, Nhlanhla Mazibuko
(28) of Dvokolwako and Msolwa Dlamini (66) of Vuvulane. They now demanding the
items backs since the charges against them were withdrawn. Some of the exhibits,
which are now reported to have disappeared at the police station include a
kombi, Toyota bakkie, gear box, engine, Dyna four tonne diesel, tractor, water
pumps, engine, various mechanical spanners, mower, motor bikes and rum crane.
Committed
The items, as they appeared in the charge sheet, were valued at E1 718 000. The
theft is alleged to have been committed at Vuvulane VIF Company yard between May
20, 2013 and October 22, 2013. Two counts of theft were preferred against the
farmers. The farmers have engaged Leo Ndvuna Dlamini of SA Nkosi Attorneys to
represent them in the matter. They have since moved an application at the High
Court, where they are seeking an order for the release of the items. 
Respondents in the matter are the national commissioner of police, director of
public prosecutions and the attorney general. The aggrieved farmers want the
High Court to compel the national commissioner of police to return the exhibits
to them in terms of Section 52 of the Criminal Procedure and Evidence Act of
1938. Section 52 (5) states that: “At the conclusion of a summary trial or if
the director of public prosecutions declines to prosecute, the magistrate shall,
in respect of the property or thing seized, make one of the following order;
that the property or thing be restored to the person from whom it was seized if
that person satisfies the magistrate that he is the lawful owner of the property
or thing or that he is lawfully in possession of the property or thing.” These
are allegations whose veracity is still to be tested in court and the
respondents are yet to file their papers in the event they are opposing the
application filed by the farmers.
Charged
Giving a background of the matter, Mpisi told the court that, together with the
other farmers, they were charged with theft of items which he claimed belonged
to them.