RESIGNED NURSE ARRESTED FOR OVER E2M THEFT FROM GOVT

MBABANE – A resigned nurse, now a lecturer at Good Shepherd Catholic College, has been arrested for allegedly stealing about E2 304 329 from government.
Information gathered was to the effect that Sithembile Gabsile Mhlanga (47) of Good Shepherd continued to withdraw the money as a salary, even after she had resigned from work.
It is said that the unlawful withdrawal of the money occurred between July 2013 and January 2023. While still a nurse, Mhlanga was stationed at Mangweni Clinic. When Mhlanga appeared at the Mbabane Magistrates Court charged with theft, Muzi Nxumalo, who represents the Crown in the matter, applied that she be remanded in custody until January 17, 2025, pending committal to the High Court.

Opposed

Nxumalo indicated that the Crown was opposed to bail should Mhlanga apply for it. He submitted that Mhlanga should approach the High Court for bail due to the amount of stolen money. However, Sibonginkhosi Jele, who is representing Mhlanga in the matter, said he was puzzled as to why the Crown referred the matter to the High Court. He said the magistrates court has the jurisdiction to entertain the matter. Jele submitted that it was for that reason he intended to move the bail application on behalf of his client, as the charge was that of theft. He said the court could invoke Section 120(a) of the Criminal Procedure and Evidence Act of 1938 or use its discretion in granting bail. In response, Nxumalo said, looking at the amount stated in the charge sheet and taking into consideration the provisions of Section 321(1) of the Criminal Procedure and Evidence Act, in the event the accused was convicted of the offence, the Crown’s hands would be tied with respect to applying for compensation of the complainant.

Jurisdiction

This, Nxumalo said, was because the magistrates court could not exceed its civil jurisdiction. Jele applied that Mhlanga be released on bail. He submitted that his client is a liSwati employed as a lecturer at Good Shepherd Catholic College. He said his client cannot risk losing her job. Having considered the submissions from both parties, Vilakati referred the matter to the High Court for bail determination. He stated that, inasmuch as the magistrates court has jurisdiction to hear the matter, it does not have jurisdiction to award compensation above its civil jurisdiction in the event the Crown applied for compensation if the accused was convicted of the offence. Mhlanga was remanded in custody until January 17, 2025, pending committal to the High Court.

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