Times Of Swaziland: MURDER ACCUSED CHIEF PRAYS TO BE KEPT AT JUVENILE CENTRE

MURDER ACCUSED CHIEF PRAYS TO BE KEPT AT JUVENILE CENTRE
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BY MELISA MSWELI on 30/11/2021 09:07:00


NHLANGANO – Chief of Mkhitsini Mfukama Mndzebele’s request to be kept at the
juvenile centre was denied when he appeared in court yesterday.
Chief Mfukama, whose real name is Nicodemus Mfanyana Mndzebele (76), appeared
before Senior Magistrate Joseph Dlamini facing two charges. The first charge was
that of the murder of Mlondi Mndzebele who, according to the charge sheet, was
shot once in the chest. The second charge is that of attempted murder wherein
the accused shot Mpendulo Sikhondze who sustained injuries on the upper back of
his body. During his court appearance yesterday, Mndzebele said he had something
to say which was when he requested to be kept at the juvenile centre because of
the nature of his job. “I was requesting to be kept where children are kept
because of my work, it would not be suitable for me to be kept at the
correctional Services,” he said in court.
The chief also doubles as a Swazi National Court president. The public
prosecutor, Mduduzi Dlamini, opposed the request, stating that the safety of
Mndzebele was guaranteed at the correctional services as the personnel were
trained in handling people of high status. He said the juvenile centre was
solely for people below the age of 18. Dlamini said all people were equal in
terms of the Constitution, hence everyone was supposed to be treated the same.
“All people are equal in terms of the constitution and to discriminate in this
case would be a breach of the Constitution,” he said.
Dlamini further said allowing some special requests would set a bad precedent to
other people.  He further told the court that there had been people of top and
similar positions as Mndzebele’s who were remanded at the Correctional
Services and nothing happened to them. Dlamini highlighted that there were
departments the accused person would complain to at the Correctional Services in
the event something was done to him which was when the court would listen to the
request he was making. Having heard both submissions, the magistrate stated that
there was no basis for the court to grant the accused an order that he be
detained at the juvenile centre.
Safety
“Making that order at this stage will be premature without any indication that
the accused’s safety is in danger, remarked the magistrate.  Mndzebele was
remanded in custody until December 30, 2021 pending committal to the High Court.
He was advised by the court that in the event he wanted to apply for bail
earlier than the aforementioned date, he was supposed to hire his own attorney
who was going to start processing the bail application. Meanwhile, there was
tight security in court during the chief’s appearance yesterday.  It was
anticipated that residents of Mkhitsini would come to court and cause drama.
There were police officers who left with the accused, leaving other officers who
worked in court.
Unlike most accused persons who come to court for the first time when coming
from police custody, Mndzebele arrived through the underground entrance which is
usually used by the Correctional Services. Also he was not in handcuffs as other
accused persons would be.  In fact, people who entered the court premises were
questioned by some female officers where they were headed to and some were
turned back and told they would be called to come in when it was their turn to
be in court. It was noted that after Mndzebele was escorted out through the
underground exit, police did not mind people moving in and out of the court
building.