Times Of Swaziland: RESIGNED NURSE ARRESTED FOR OVER E2M THEFT FROM GOVT

RESIGNED NURSE ARRESTED FOR OVER E2M THEFT FROM GOVT
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Sibusiso Shange on 10/01/2025 09:03:00


MBABANE – A resigned nurse, now a lecturer at Good Shepherd Catholic College,
has been arrested for allegedly stealing about E2 304 329 from government.
Information gathered was to the effect that Sithembile Gabsile Mhlanga (47) of
Good Shepherd continued to withdraw the money as a salary, even after she had
resigned from work.
It is said that the unlawful withdrawal of the money occurred between July 2013
and January 2023. While still a nurse, Mhlanga was stationed at Mangweni Clinic.
When Mhlanga appeared at the Mbabane Magistrates Court charged with theft, Muzi
Nxumalo, who represents the Crown in the matter, applied that she be remanded in
custody until January 17, 2025, pending committal to the High Court.
Opposed
Nxumalo indicated that the Crown was opposed to bail should Mhlanga apply for
it. He submitted that Mhlanga should approach the High Court for bail due to the
amount of stolen money. However, Sibonginkhosi Jele, who is representing Mhlanga
in the matter, said he was puzzled as to why the Crown referred the matter to
the High Court. He said the magistrates court has the jurisdiction to entertain
the matter. Jele submitted that it was for that reason he intended to move the
bail application on behalf of his client, as the charge was that of theft. He
said the court could invoke Section 120(a) of the Criminal Procedure and
Evidence Act of 1938 or use its discretion in granting bail. In response,
Nxumalo said, looking at the amount stated in the charge sheet and taking into
consideration the provisions of Section 321(1) of the Criminal Procedure and
Evidence Act, in the event the accused was convicted of the offence, the
Crown’s hands would be tied with respect to applying for compensation of the
complainant.
Jurisdiction
This, Nxumalo said, was because the magistrates court could not exceed its civil
jurisdiction. Jele applied that Mhlanga be released on bail. He submitted that
his client is a liSwati employed as a lecturer at Good Shepherd Catholic
College. He said his client cannot risk losing her job. Having considered the
submissions from both parties, Vilakati referred the matter to the High Court
for bail determination. He stated that, inasmuch as the magistrates court has
jurisdiction to hear the matter, it does not have jurisdiction to award
compensation above its civil jurisdiction in the event the Crown applied for
compensation if the accused was convicted of the offence. Mhlanga was remanded
in custody until January 17, 2025, pending committal to the High Court.