I WAS DRUNK, TIRED WHEN SIGNING AFFIDAVIT - EX-SA WARDER

MBABANE – The two South African witnesses, former warder Obedia Makhaza Ndlovu (L) and HR Supervisor at Barberton Maximum Prison Thulani Myeni, who testified during businessman Sipho Shongwe’s bail hearing yesterday. (Pics: Sibusiso Shange)

MBABANE – Jaw-dropping. The reason given by Makhaza Obedia Ndlovu for signing contradicting affidavits about the release of murder suspect Sipho Shongwe from Barberton Maximum Prison, shocked many of those who attended the suspect’s bail hearing yesterday.

Ndlovu told the court that he was drunk and tired from work when he signed the affidavit which purported that he assisted Shongwe to be released from prison. Others simply laughed at the reason he gave the court. 

In this affidavit, Ndlovu had earlier submitted that Shongwe’s release, presumably on parole, was through procedural processes. This affidavit was filed in court by Shongwe’s attorneys to cement their case that his release was not through fraudulent means.Five days after signing this affidavit, he signed another one which was filed by the Crown, in which Ndlovu denied even knowing Shongwe and having anything to do with his release because he was not based at Barberton Maximum Prison when the suspect left the prison.

Last Friday, Judge Sipho Nkosi summoned Ndlovu at the instance of the Crown, which is represented by Principal Crown Counsel Absalom Makhanya, to clarify how it happened that he signed the two affidavits.
When he took to the witness stand yesterday, the judge asked Ndlovu if he was aware that should he tell lies since he had taken an oath, he could be charged with perjury and be locked up. He said he was aware of that.

The judge wanted to find out if he was the same Makhaza Obedia Ndlovu referred to in the affidavits and he responded to the affirmative. Judge Nkosi asked him for his identity (ID) number before briefing him about the two conflicting affidavits which both bear his name and ID number.

He explained to the former junior warder who now works at a Puma filling station, that the affidavits had caused confusion as to the authenticity of either of them.

Ndlovu was given both affidavits while in the stand and he stunned many when he said he had forgotten his reading glasses back in South Africa. He said he had an eye problem but stated that he could read the documents from about an arms-length distance. Ndlovu told the court that he recognised one of the affidavits which were handwritten and bore the South African Police Service emblem.

He admitted to writing and signing the one that was filed by the Crown. He also said he signed the other one that was filed by Shongwe. However, he said despite signing the one filed by Shongwe, he was intoxicated when he did so and he had not read its contents.

Ndlovu further informed the court that the affidavit, which is dated March 8, 2018, was brought to him by one Cyprian Shongwe. He stated that he did not sign the document before a commissioner of oaths.
Makhanya recently submitted that Shongwe was in contact with the outside world, allegedly enabling him to facilitate the production of fraudulent documents to aid his case.

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