JUDGE RECUSES HIMSELF FROM NEIGHBOUR’S MURDER CASE

MBABANE – “The applicant is a close neighbour who lives across the road, unavoidably, I know some versions of the matter from neighbourhood sources. I accordingly recuse myself.”

These sentiments were shared by Judge Titus Mlangeni when he recused himself from hearing a bail application of man who allegedly killed another after reportedly finding him (deceased) showing his manhood to his daughters.

Solomon Myanga Shongwe (63) is alleged to have killed Sabelo Shongwe by assaulting him with a stick all over the body, tied him with an electric cable and further dragged him on the ground. According to the charge sheet, Solomon committed the offence on December 19, 2020 at Mkhuzweni in the Manzini Region. He is reported to have found the deceased showing his daughters his manhood.

In his bail application, which has been filed under a certificate of urgency, Solomon claimed that he was a sickly person. Giving a background of the matter, the applicant (Solomon) narrated that on December 19, 2020, he was arrested by police officers from Sigodvweni Police Station, who subsequently charged him with the offence of murder. He said he would plead not guilty to the charge.

“On December 19, 2020, I received a phone call from one of my daughters that the deceased wanted to rape them. Since Jubela area is near Mkhuzweni area, I quickly rushed home with the intention to calm the situation,” submitted Solomon.

Manhood

According to Solomon, upon arrival at home, he found Sabelo (now deceased) showing his manhood to his daughters and his pants were at knee level.  By that time, the deceased had forcefully pushed my daughter against the wall with the intention to force himself on her,” averred the applicant.

He narrated that upon realising that he was charging, Sabelo allegedly then changed his focus and came to him ducking and diving as if he had a weapon with him.

Solomon asserted that he got hold of a stick which was lying on the side and used it to assault Sabelo once on the head. “The strike on the head was enough to make him fall on the ground. I then asked for some assistance from my two daughters and we were able to tie both his hands and feet. We then lifted him in the air and carried him to the Shongwe homestead where he was staying for the last two months,” contended the applicant.

Hospital

He recounted that police officers from Mafutseni Police Station were called and the deceased was later taken to the Raleigh Fitkin Memorial Hospital in Manzini where he was pronounced dead on December 20, 2020.

Solomon contended that while awaiting trial, he was desirous of being admitted to bail and had been advised and verily believed that the High Court had powers to  release him as long as  it could be demonstrated that he was not a flight risk.

“I am a born and bred liSwati with no other citizenship and/or foreign passport. I submit that my family is firmly rooted in the Kingdom of Eswatini,” submitted the applicant.  He undertook that if released on bail, he would not interfere with Crown witnesses, would avail himself to court as and when ordered to do so.

He went on to complain about the alleged overcrowding at Zakhele Remand Centre where he is currently incarcerated. Solomon argued that with the surge of COVID- 19 cases, his life was in danger.

“I have eleven children, four of whom are still minors. I have one wife who is not gainfully employed and my family solely depends on me for their upbringing and maintenance. My continued incarceration is causing them great prejudice,” he argued. It was further his submission that handcraft was his source of income for the past 15 years.

Liberties

He told the court that matters pertaining to personal liberties were by their very nature urgent.  

The recusal of Judge Mlangeni means that Solomon’s bail application will now be referred back to the registrar of the High Court for allocation to another judge.

Solomon is represented by Mongi Nsibande while Mbutfo Mbingo from the chamber of the director of public prosecutions appeared for the Crown.

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