NCAZA, TATA TO TESTIFY AGAINST SIPHO SHONGWE

MBABANE – Speculation is over! The two South African nationals, Mbusi ‘Ncaza’ Nkosi and Simphiwe ‘Tata’ Ngubane, who were suspected to be involved in the shooting of businessman Victor Gamedze will now testify against Sipho Shongwe.

The Crown has since turned them into accomplice witnesses.  An accomplice witness is a person who is a participant in the alleged crime either, before, during or after its commission. A person is an accomplice witness if he or she can be prosecuted for the same offence with which the accused is charged.
Determination

This means that Nkosi and Ngubane now form part of the 33 State witnesses in the matter.
The identities of the duo were revealed by the Crown in a fresh application where it wants the court to make a determination that the use of audio visual link (AVL) be permitted in order to receive the evidence in chief, cross-examination and re- examination from them.

The request by the director of public prosecutions (DPP) came after the duo expressed their fear to physically come and testify in the matter as they feared for their lives.

The request was previously granted by the office of the registrar of the High Court in consultation with the chief justice but Shongwe’s legal team complained that they were not given a chance to be heard before it was granted. 
This has resulted in the Crown filing the present application.

In his founding affidavit, Principal Crown Counsel Macebo Nxumalo submitted that Nkosi and Ngubane were presently incarcerated by the department of Correctional Services in the Republic of South Africa.

“Ngubane is serving a sentence in relation to possession of an unlawful firearm and Nkosi is a parole violator, who is serving out the balance of his sentence because he revoked his parole release on parole conditions,” submitted the Principal Crown Counsel.

He informed the court that an application to extradite Nkosi and Ngubane was filed in the Republic of South Africa and was still pending.
According to Nxumalo, officers of the Royal Eswatini Police Service interviewed the two witnesses (Nkosi and Ngubane) at Johannesburg Prison.

Statement

He pointed out that when the duo was interviewed by the local police at the Johannesburg Prison, they were represented by lawyer Jacques Nel.
“The two witnesses separately provided statement to the local police.
It is presently not possible to bring the witnesses from the Republic of South Africa to the Kingdom of Eswatini as they are both serving time under the South African Correctional Service System,” said Nxumalo.

He told the court that there was legislation in the country which allowed the use of audio visual link (AVL) in criminal or civil proceedings. The legislation is known as the Remote Participation Act of 2018.

The principal Crown counsel averred that Section (4)(1) of the Act provides that in every criminal proceedings, the Judicial officer shall make a determination on whether or not to use AVL for the appearance of  any participant in the proceedings.

He submitted that the Crown’s main prayer was for the two witnesses presently incarcerated in the Republic of South Africa to give evidence through the AVL.

Meanwhile, the police are reported to be investigating a case of an alleged interference in the matter after one of the witnesses who is in South Africa received some court proceedings (papers where it is reflected that he has been turned a State witnesses).
The papers were allegedly faxed to the prison where the witness is currently kept.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: