‘GUARDS SHOULD REPORT, NOT PUNISH PEOPLE’

MBABANE- “Security guards have no right to use force when executing their duties.”

This was said by Senior Magistrate Nonhlanhla Dlamini when dealing with the case of five security guards who were arrested in connection with an assault of a Mozambican man at the Mbabane Market.
Dlamini told the five men that as far as the law was concerned, security guards should report people who broke the law to the police as opposed to punishing them.

The security guards are; Thabo Dlamini (39) of Mahwalala, Mzwakhe Jele (25) of Mankayane, Ncamiso Mhlanga (25) of Mankayane, Mlungisi Simelane (26) of Hlatikhulu and Allen Jonson (26) both of Hlatikhulu.
Magistrate Dlamini said the court was convinced that Zito Gumbi, who was accused by two of the five security guards (Jele and Mhlanga) of urinating at a protected place near the Mbabane River, was assaulted and humiliated in full view of the public.
 Gumbi was assaulted and dragged on the ground by two uniformed 4Him Security guards last year.

The court considered the evidence of Cephas Nhleko, who was present when Gumbi was attacked by the security guards.
In his evidence, Nhleko mentioned that Gumbi was attacked while fetching water at the Mbabane River.  According to Nhleko, the security guards falsely accused Gumbi of urinating near the river, something which he never did.
He said as Gumbi tried to reason with the security guards, the duo grabbed and assaulted the Mozambican, accusing him of refusing to comply with their instruction after they ordered him to go to their office.

Dragged

In the event, Nhleko told the court that the duo further dragged Gumbi on the ground before calling for backup.
“Three more security guards joined their colleagues and carried Gumbi to their offices. At the time, Gumbi’s clothes were torn,” Nhleko said.
Another witness, Nkosingiphile Zwane, narrated in court how he saw Gumbi being carried to the 4Him Security office on the day in question.

Zwane told the court that he was among the members of the public who were drawn by the manner in which Gumbi was carried to the office.
A police officer who attended to the scene informed the court how the security guards conducted themselves upon their arrival at the scene.

However, Magistrate Dlamini stated that in as much as the court was convinced that Gumbi was assaulted, the Crown had failed to prove that the three security guards who were called as backup committed the offence.
As a result, the trio was acquitted and discharged while the duo was found guilty of the offence.

Mitigating on the sentence, the duo pleaded for leniency stating that they were breadwinners in their families.
They implored the court to consider the fact that the offence was committed while they were executing their duties.
The duo was sentenced to six months imprisonment with the option to pay a fine of E600 each.




 

 

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