E100 000 BAIL FOR SIPHO SHONGWE PAID IN 20 MINS

Murder suspect Sipho Shongwe and his lawyer Sipho Mnisi. (File Pics)

MBABANE – So near yet so far! This was the case yesterday when murder suspect Sipho Shongwe’s family paid his E100 000 cash bail in about 20 minutes after an order by the Supreme Court that granted his release on bail, however he could not gain his freedom.

Despite the Supreme Court having dismissed the Crown’s application for a stay of Judge Sipho Nkosi’s order to release Shongwe on bail; he will remain in prison pending the outcome of his extradition case.

Shongwe, who has been charged with the murder of shrewd businessman and football administrator Victor Gamedze, who was shot dead on January 14, 2018, was granted bail fixed at E500 000.

Judge had ordered the accused to pay a cash amount of E100 000 and provide surety for the value of E400 000 in the form of property, which would be satisfactory to the registrar of the High Court.

The application for the stay of Judge Nkosi’s order was yesterday refused by Supreme Court judges, comprising Judge Jacobus Annandale, acting Judges Mabandla Manzini and Sabelo Matsebula.

“In the application before this court, there is no evidence that Judge Nkosi misdirected himself on the requirements of Section 96 (12)(a) of the Criminal Procedure and Evidence Act as amended,” said Acting Judge Manzini.

Section 96 (12) (a) provides that: Where an accused is charged with an offence referred to- (a) In the Fifth Schedule, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given reasonable opportunity to do so, adduces evidence which satisfies the court that exceptional circumstances exist, which in the interest of justice permits his or her release.

Fifth Schedule offences include murder, rape, attempted murder and armed robbery.
The Supreme Court said clearly a judicial officer presiding over an application for bail in respect of the Fifth Schedule offence is empowered to grant bail to an accused, subject to the satisfaction of the requirements set out in Section 96 (12)(a).

“The granting of bail to an accused charged with a Fifth Schedule offence, in and of itself, without anymore, does not amount to misdirection on the part of the judicial officer,” said the court.

The court stated that it must be shown that there was a misdirection in the application of Section 96(12) (a) in some respect.
The Supreme Court refused the leave to appeal against the order issued by Judge Nkosi on September 28, 2018, granting Shongwe bail. It further declined the prayer for stay of execution of the order.

This means that Shongwe could be released on the strength of Judge Nkosi’s decision, but his fate now lies on the outcome of the extradition case, which is pending before Manzini Principal Magistrate David Khumalo. 
The extradition case is due for continuation next Tuesday.

In dismissing the application for the stay, acting judge Manzini pointed out that the order against which the director of public prosecutions (DPP) intended to appeal was not annexed to the petition for leave to appeal.  He said the DPP did not give any explanation why this was so.

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