MBABANE – An intersex murder accused has turned to the High Court over safety concerns linked to his detention at Sidwashini Correctional Services.
The accused, who was arrested alongside a pastor and four others, claims his continued detention is unsafe because the country’s correctional centres do not have specialised facilities to accommodate his condition.
*Thulani approached the High Court yesterday, seeking to be re-admitted to pre-conviction bail. He argued that his biological condition made his continued detention unsafe and impractical.
In his application, he described himself as a male liSwati. He asked the High Court to direct the commissioner general of His Majesty’s Correctional Services to facilitate a comprehensive medical examination by a government medical officer and to re-admit him to bail on conditions the court considered appropriate.
Judge Zonke Magagula heard the matter and ordered that Thulani be examined by a Correctional Services medical doctor, or any other doctor, to determine his condition and file a report with the High Court.
The examination is to take place within seven days from the date of service of the order. The court also directed that the report be filed within the same period.
Thulani stated in his application that his continued detention compromised his constitutional rights, particularly because he remains presumed innocent while his murder trial is pending. According to the court papers, he was born with a rare anatomical condition, with both male and female sexual organs.
“This condition has caused me significant emotional distress and social embarrassment throughout my life, including forcing me to leave school in Grade IV because I could not comfortably use public ablution facilities,” he told the court.
In his founding affidavit, Thulani said the condition had created serious challenges during his incarceration. He submitted that communal bathrooms and shower facilities at Sidwashini Correctional Services were unsuitable for him, making it difficult to use them without attracting attention and exposing him to possible conflict or violence from other inmates.
The affidavit further states that prison authorities recognised the challenges presented by his condition when he was first admitted to the correctional centre. He said he was initially accommodated in the prison clinic alongside his brother before later being transferred to solitary confinement because the institution lacked specialised facilities.
Before approaching the High Court, Thulani’s attorneys wrote to the commissioner general of His Majesty’s Correctional Services on May 4, 2026, requesting that he be examined by a government medical officer to formally document his anatomy. Correctional Services responded on May 17, 2026, advising that such an examination could only be conducted upon receipt of a court order.
The matter came before the High Court yesterday, where directions were issued to facilitate an independent medical examination and the preparation of a medical report before the criminal trial resumes.
Thulani also argued that his bail was revoked because of the operation of the law after the commencement of his trial, and not because he had breached any bail conditions. He maintained that he had complied with all bail conditions, lived at his family home throughout his life and did not pose a flight risk or danger to State witnesses. He argued that his exceptional personal circumstances justified reconsideration of his detention. The applicant was represented by Ben J. Simelane.
The urgent application arose from ongoing criminal proceedings in which Thulani is one of six accused facing a murder charge. According to the Crown’s indictment, the six accused allegedly killed an 18-year-old on November 12, 2023, in the Lubombo Region while acting in furtherance of a common purpose.
The prosecution’s summary of evidence alleges that the incident began after the deceased entered a local church carrying an okapi knife, triggering a confrontation with community members.
The State alleges that the deceased fled from the church and was pursued to a nearby homestead, where he sought refuge inside a room.
According to the indictment, members of the group allegedly damaged property, broke a window, restrained the deceased by tying his wrists behind his back and dragged him outside. The prosecution further alleges that he was assaulted with several weapons, including sticks, knobkerries, a wooden pin and a baton.
The Crown further alleges that although relatives and other bystanders tried to intervene, the assault continued.
The deceased was eventually transported from the scene in a wheelbarrow by family members, but died before receiving medical treatment.
A post-mortem examination conducted in Mbabane on November 16, 2023, concluded that the cause of death was multiple severe injuries.
The criminal proceedings advanced after a summary indictment was granted under Section 88 bis (1) of the Criminal Procedure and Evidence Act No. 67 of 1938.
Although Thulani and his co-accused had initially been granted bail, the High Court later revoked their bail under Section 145 of the same Act following their pleas and the commencement of the State’s evidence. The provision empowers the court to order the detention of accused persons once a trial has commenced.
