SIPHO SHONGWE FAILS TO STOP EXTRADITION TO SA AGAIN

MBABANE – Sipho Shongwe has yet again failed to stop his extradition to the Republic of South Africa.

The Supreme Court yesterday dismissed his appeal against the High Court judgment that he should be extradited to South Africa, where he was either released erroneously or he escaped from Barberton Maximum Prison. The appeal was heard and dismissed by Supreme Court Judges Stanley Maphalala, Jacobus Annandale and Sabelo Matsebula.

unanimous

Judge Annandale who wrote the unanimous judgment said the uncontroverted and uncontested evidence that was presented in the application sufficiently established, on a strong balance of probabilities, that Shongwe was tried and sentenced to two terms of life imprisonment. The court also highlighted that a further 23 years of imprisonment was also imposed, all in relation to a cash-in-transit robbery with aggravating circumstances, imposed in March 2021. In its judgment, the Supreme Court noted that fraudulent papers received by prison authorities resulted in his untimely and wrongful release from prison. The court said, at that time, Shongwe was not considered for parole and had more than 13 years of imprisonment ahead of him.  

evidence

“Aspersions of impropriety have been cast on some prison officials, but does not diminish the probative value of the factually based evidence.  Conspiracies, common purpose, exact statutory offences relating to the matter and the propriety of the roles played by any official from prison are matters and issues yet to be subjected to judicial consideration in the course of a criminal trial or official enquiry into the matter of Shongwe’s release from Barberton Prison,” said the Supreme Court. Judge Annandale said it would also be again availed to Shongwe to testify in rebuttal and state his own side of the story, for the first time. The court said the ‘escape’ was not defined in the Extradition Act and assumed its normal and ordinary meaning. Judge Annandale stated that, it was common knowledge that an escape from prison could take numerous, almost limitless forms.

incidences

“Cinemagraphic renditions from Hollywood of various memorable incidences readily come to mind. It could be violent, or by unnoticed subterfuge, or even, as it is alleged in this matter, to leave the correctional centre without lawful authority or under false pretences,” said Judge Annandale in the unanimous judgment. It was the court’s finding that, uncontroverted and unchallenged evidence prima facie established that Shongwe’s release was accompanied by the use of fraudulent documentation.  This, according to the court, resulted in further charges being added to the arrest warrant and extradition request. The Supreme Court found that the case for granting an extradition order was overwhelming. “It is with anxious consideration of the merits of this appeal and due to the reasons as stated that I cannot come to any other conclusion than its stands to be dismissed,” said Judge Annandale.

appealing

Shongwe was appealing the judgment of the High Court issued by Judge Justice Mavuso on November 26, 2020. Judge Mavuso dismissed Shongwe’s review application of the judgment that was issued by Principal Magistrate David Khumalo, who found that Shongwe, who was accused of escaping from Barberton Maximum Prison, should be extradited to the Republic of South Africa. Shongwe was arrested with 10 others in July 1997 on a charge of robbery. In 2008 he was released from Barberton Maximum Prison, where he was serving two life sentences, which were running concurrently. His release was said to have been processed by five prison officials, including the Head of Prison, Anton Mashabane.

liberation

They relied on a liberation warrant and court order to release him. It was discovered in 2009 that his release may have been irregular and the matter was referred to the Special Investigating Unit in South Africa, known as the Scorpions. The Scorpions, which were later disbanded, concluded that the court order and liberation warrant were fraudulent. The court was informed that the Scorpions learnt that Shongwe had relocated to Eswatini. The Crown was represented by Principal Crown Counsel Macebo Nxumalo, while appearing for Shongwe was Advocate Ngwenya who had been instructed by Noncedo Ndlangamandla.

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