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SHONGWE WITHDRAWS JUDGE MBUTFO’S RECUSAL REQUEST

16/03/2018 00:42:00 BY KWANELE DLAMINI

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MBABANE – Judge Mbutfo Mamba yesterday took his time to explain why he refused to recuse himself from Senator Sibusiso Shongwe’s corruption trial.

The explanation led to Shongwe, who is represented by Lucky Howe of Howe Masuku Sibandze Attorneys, withdrawing the recusal application. Shongwe was not present in court yesterday.

Choosing his words carefully, Judge Mamba explained to Shongwe’s attorney that before his client was charged around 2014, an official statement to the effect that local judges would not hear cases under the Prevention of Corruption Act was issued. Such cases were to be dealt with only by foreign judges.

This was during the era of former Chief Justice Michael Ramodipedi.
Judge Mamba said he took a personal stand on the statement that he would not hear cases under the Act. The judge explained that the first matter that came before him after the statement had been issued was an application filed by members of the Umbutfo Swaziland Defence Force (USDF), who sought a variation of bail conditions.

Judge Mamba said when the matter came before him, he took the opportunity to make a statement that he was disqualified from hearing matters under the Prevention of Corruption Act, whether it be a trial, bail or anything.

“I still remember putting it in siSwati that angifuni kubonela (I do not want to interfere in cases that were to be heard by non-local or foreign judges). I recused myself from hearing that (USDF members application) matter,” said the judge.

Judge Mamba stated that at the time, he did not know where Shongwe was.
He said what he knew for a fact was that the media published his stand on Prevention of Corruption Act matters not less than two times.
The judge said there were other such cases and, to his knowledge, at the time he made his statement, Shongwe had not been charged.
In 2015, after Shongwe’s arrest, he filed a bail application in the High Court and Judge Qinisile Mabuza, who is now the principal judge, dismissed the application. Shongwe said he still does not know why the application was dismissed.