MBONDZELA FARM OWNER MBONDZELA FARM OWNER FACES 2 COUNTS OF E2.3M DAMAGE

NHLANGANO – Mbondzela Farm owner Sandile Simelane has been  slapped with two counts of malicious injury to property, for allegedly reducing to rubble property worth over E2 million.

The 47-year-old resident of Nkoyoyo was arraigned at the Nhlangano Magistrates Court yesterday, before Acting Magistrate Zweli Magagula. The court action emanates from an incident that occurred about a month ago (May 6, 2024), where heavy machinery, a Cat TLB, tore down buildings at the homestead of one Petros Mavuso at Mbondzela Farm. The buildings were all valued at E2 306 400. The demolition happened in the thick of the night. It is also believed that on the same day, the same TLB proceeded to knock down other houses located at a neighbouring homestead, belonging to another resident, Bonisile Nhleko, where property worth about E160 000 was destroyed.

Plea

In court yesterday, Simelane did not enter any plea, because his matter is yet to be referred to a senior magistrate, who has jurisdiction to hear matters of this magnitude. Through his Attorney Nkosingivile Dlamini, Simelane applied to be admitted to bail, which was not opposed by the prosecution. In motivating the application for bail, the lawyer assured the court that in the event his client was released from custody, he would attend court, as and when ordered to do so. He also brought it to the court’s attention that after being charged, the accused was not detained by the police, but was released on his own recognisance. He entreated the court to fix the bail amount at E5 000.

However, Acting Magistrate Magagula briefly adjourned the proceedings to consider the bail application. Simelane was subsequently admitted to E15 000.  As part of his bail conditions, the farm owner was ordered not to interfere with the Crown’s witnesses, not to leave the country and avail himself before court as and when ordered to do so. Back at the scene of the alleged crime, it was gathered that the action Simelane was accused of reportedly left behind piles of rubble and building material. Police officers, thereafter, received two complaints from the alleged victims, saying that the demolition had made their lives a living hell, with the property, which they used to call home, resembling a scene from a war zone.

As a prelude to Simelane’s arraignment, investigators from the Royal Eswatini Police Service’s Serious Crimes Unit, otherwise known by their vernacular name Tingculungculu, had invited him to Nhlangano Police Station on the previous day. The invitation took place in the morning hours.  Police sources disclosed that the farm owner arrived at Nhlangano Police Station at around 10am, accompanied by his wife.

Charged

He was eventually charged for the alleged offences. During his court appearance, the prosecution moved an application for the police to confiscate the heavy plant machinery or TLB in order for it to be kept as an exhibit to be presented in court during Simelane’s trial.  The prosecution wanted the exhibit to be kept at Gege Police Station, which is closest to the scene of crime. The application was moved in terms of Section 52(3) of the Criminal Procedure and Evidence Act No.67 of 1938.  However, through his legal representative, Simelane pleaded with the court to allow him to keep the heavy plant machinery, with the promise to avail it to the court for presentation once the trial begins. This was not opposed by the prosecution and the court ultimately granted Simelane his wish.

The matter returns to court on June 20, 2024. Information reaching this publication is to the effect that prior to his court appearance, Simelane spent almost four hours at the police station, assisting the sleuths with questions relating to the recent demolition of houses belonging to the people who were described as dwellers on his farm. Thereafter, he was driven to Gege, where he was eventually slapped with the charges he is facing.The arrest of the farm owner took place after mediation attempts by several interested parties failed to yield the desired results.

The visit to the police station, which culminated in Simelane’s eventual arrest, was an extension of a week-long investigation process that was initiated after the alleged victims registered complaints with authorities. This was after about seven houses belonging to two families residing within the premises of Mbondzela Farm No.19 situated along the Nhlangano/Gege Road in the Shiselweni Region, were reduced to rubble on the night of Monday, May 6, 2024. The demolition of the houses occurred a day after six security guards employed on the farm were reportedly violently attacked by the residents. They all sustained varying injuries, which needed medical attention.

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