TEACHER ARRESTED FOR BROTHER’S MURDER AT DRINKING SPOT

MBABANE – A primary school teacher has been arrested for allegedly killing his brother by hitting him with a glass on the neck at a drinking spot.

Colani ‘Siphithi’ Ngwenya (31) of Mgofelweni is a teacher at Mseni Primary School in the Manzini Region. According to the charge sheet, Colani is alleged to have unlawfully and with intent to kill, assaulted Thokozani Joseph Ngwenya with a glass on the left side of his neck. He purportedly committed the offence on March 28, 2022 at Mgomfelweni. He yesterday moved an urgent bail application at the High Court, where he argued that he acted in self defence as he was allegedly being attacked by Thokozani and his friends. The accused narrated to the court that on March 27, 2022, he was arrested by police officers based at Mankayane Police Station on allegations that he had committed an offence of murder.  He contended that the facts of the matter were that he was attacked by Thokozani and his friends.

Provoked

“I had not provoked Thokozani or his friends. I fought back, defending myself. As to how Thokozani suffered the fatal injury, I do not know,” submitted Colani. He argued that he was innocent of the charge preferred against him as he did not intentionally kill Thokozani. He also brought it to the attention of the court that during his trial, he would plead not guilty as he was allegedly innocent. “I do concede that murder is a despicable offence; however, the prospects of being convicted of violence are non-existent. I am not in any way afraid of sentence that may be meted against me. I have a right which is guaranteed in the Constitution that I must be presumed innocent until proven guilty,” he argued. The accused went on to submit that on March 29, 2022, he appeared at the Manzini Magistrates Court where he was informed of his rights, including to seek bail at the High Court. 

He implored the court to admit him to bail based on the grounds that he was allegedly not guilty of the offence and that he did not intentionally kill Thokozani but acted in self defence.
“Special circumstances exist for me to be admitted to bail. I am employed as a teacher by the Teaching Service Commission (TSC) and based at Mseni Primary School. My continued incarceration will result in me losing my employment as my employer may be forced to find a replacement,” he argued. In motivating his bail application, Colani also told the court that he had one minor who was dependent on him and her (minor) mother was unemployed. It was also his humble submission that if admitted to bail, he would not evade trial and that his release would not disturb the public order or undermine the public peace and/or security. “I am aware that the charge I am facing is serious, however, I believe that it is not just the seriousness of same that matters, but it is the evidence against the person that is crucial. There is no evidence against me that can influence me to flee the country and leave my family that is dependent on me,” argued the accused.

Violence

He also highlighted that although he had been charged with an offence where violence was a subject, he had no propensity to violence. Colani submitted that he had not been violent to anyone or threatened anyone with violence. “I have responsibilities. I have a minor child who is dependent on me as the mother is unemployed. I cannot evade trial if admitted to bail as that can put a huge strain on my child. All my properties are within the Kingdom of Eswatini,” submitted the teacher. The bail application is being met with resistance from the Crown as the court was yesterday informed that it was being opposed. Siphephile Hlatshwayo, from the chamber of the director of public prosecutions (DPP), told Judge Bonginkhosi Magagula that the Crown would be filing comprehensive papers outlining why it would not be in the interest of justice to release the accused on bail. The accused is represented by Human Rights Lawyer Sipho Gumedze of V.Z Dlamini Attorneys.

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