Suspect wants to go and consult inyanga

MBABANE – “I am having sleepless nights as I am always attacked by evil spirits and I am desirous to be admitted to bail so that I can go and consult a traditional healer.”

These were the words of a man who was arrested for raping his 13-year old cousin at Mzimnene in  northern Hhohho. The name of the accused will not be mentioned as he is related to the survivor.
He, yesterday, told High Court  Judge Stanley Maphalala that at night he saw strange things and shouts on top of his voice.

“The major reason for the bail is that spiritually I am sick and my sickness needs to be healed by a traditional healer.  The sickness is called tilwane.
The sickness stresses me because I do not get proper sleep at night,” he said.

The accused submitted that he made a lot of noise while asleep and also cried until he was awaken by someone sleeping next to him.
He further told the court that his sickness was an exceptional circumstance which the court should consider when deciding whether he should be admitted to bail or not.

Reason

Senior Crown Counsel Macebo Nxumalo from the Director of Public Prosecution’s Chambers,  however, told the court that the reason that was now being forwarded by the accused was an afterthought as he never mentioned it in his initial bail application.   Nxumalo also submitted that the reason that was now being forwarded by the accused to be admitted to bail was in law not considered as an exceptional circumstance.

The chief investigator of the case,  Detective Thando Dlamini, who is based at Buhleni Police Post, stated that the accused was likely to evade trial if released on bail. “The applicant (accused) before he committed the offence was staying at Nansi, in the Republic of South Africa. When he committed the offence he had been in the country for less than five days having visited his father in the northern Hhohho at Mlambotjwala,” Detective Dlamini said.

In his opposing affidavit Dlamini also submitted that the accused’s parents separated and his mother is married and now stays at Nginamadvolo and she said she could not look after him as he was now an adult. Detective Dlamini further alleged that the accused had no permanent place of abode.

“The applicant has failed to show in his application that there are exceptional circumstances that exist to permit him to be admitted to bail.  This is a requirement as per Section 96(12) of the Criminal Procedure and Evidence Act 67/1983,” he said. Judgment in this matter has been reserved.

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