LOBAMBA – Prince Simelane, the Minister for Justice and Constitutional Affairs, has been called upon to probe the conduct of a judicial officer stationed at the Siteki Magistrates Court.
This happened yesterday during the portfolio committee debate of the ministry’s first quarter performance report where Members of Parliament (MPs) raised wide-ranging concerns affecting the country’s justice system, including the prolonged acting appointments in key institutions, delayed court judgments, legal fees and the need for greater engagement between Parliament and independent justice institutions. Making the call was Mbabane East MP Welcome Dlamini, who said the manner in which the magistrate had dealt with a number of rape matters left a lot to be desired.
According to Dlamini, at least four matters handled by the magistrate had been taken on review because of concerns over the decisions that had been handed down. “He releases rape convicts. In one of the cases, the survivor is a young girl who is now pregnant, and the magistrate’s justification is that the unborn child needs to be protected, which is wrong,” Dlamini said.
He further alleged that in another matter, a sentence of 12 years imprisonment had been wholly suspended. Dlamini argued that the decisions undermined national efforts to combat gender-based violence (GBV) and called on the minister to establish whether there were underlying issues influencing the magistrate’s decisions.
“Honourable minister, you need to look into the conduct of the magistrate. Why is he promoting rape and gender-based violence through the sentences? We need to dig deeper into his background. It is a major cause for concern, and it lets down all efforts to fight GBV,” he said.
Among the rape cases previously reported by this publication from the Siteki Magistrates Court was that of a 20-year-old man convicted of sexually violating a minor, who walked free after his 12-year prison sentence was wholly suspended for three years. Simanga Sakhi Gamendze, of St Phillips, faced a charge of unlawful sexual intercourse with a 16-year-old girl. The court heard that he pleaded guilty to the charge. His conviction followed a signed statement of agreed facts, which the court accepted.
According to the charge sheet, the offence was committed on February 11, 2026, when the accused had unlawful sexual intercourse with the 16-year-old complainant.
The Crown further submitted that the offence was accompanied by aggravating factors in terms of Section 185bis of the Criminal Procedure and Evidence Act No. 67 of 1938, as amended. These included the fact that the accused did not use protection, thereby exposing the complainant to the risk of contracting sexually transmitted infections, including HIV.
After considering all the evidence and the agreed facts, the court sentenced the accused to 12 years imprisonment without an option of a fine. However, the entire sentence was suspended for three years on condition that he was not convicted of a similar offence during the period of suspension.
In another case, *Sipho and *Sifiso, both aged 20 and from Mdumezulu, received 12-year prison sentences, which were wholly suspended, after being convicted of unlawful sexual intercourse with minors while they were still attending school. They appeared separately before the same judicial officer after each was charged with having sexual intercourse with a minor. The court found both guilty on their own pleas. Sipho was convicted of sexually violating a 14-year-old girl, while Sifiso pleaded guilty to the same offence involving a 16-year-old girl.
After considering all the facts before the court, each accused was sentenced to 12 years imprisonment with an option of a fine. However, both sentences were wholly suspended for 10 years on condition that they did not commit a similar offence during that period. The court said cases involving school pupils engaging in unlawful sexual intercourse were becoming a serious concern. The judicial officer said imprisoning the two young men would have destroyed their futures, particularly as they were still pursuing their education.
In another rape case, in which a 10-year prison sentence was wholly suspended, a 43-year-old man was convicted of sexually violating a 23-year-old woman. Mancoba Noel Mahlindza, of Mbabane, appeared before the Siteki Magistrates Court and pleaded guilty. He was subsequently convicted on his own plea. The court sentenced him to pay a fine of E20 000 or serve 10 years’ imprisonment. However, the entire sentence was wholly suspended for 10 years on condition that he was not convicted of a similar offence during the period of suspension.
In another matter, a Form II pupil was handed a 12-year prison sentence, wholly suspended for three years, after being convicted of committing an unlawful sexual act while under the influence of alcohol. The 18-year-old learner pleaded guilty to having unlawful sexual intercourse with a 14-year-old girl. The complainant attempted to take her own life by ingesting a poisonous substance the following day.
After considering all the evidence, the judicial officer sentenced the pupil to 12 years imprisonment without an option of a fine. However, the sentence was wholly suspended for three years on condition that he did not commit a similar offence during the period of suspension. The judicial officer advised Sifundza to focus on his schoolwork rather than such ‘extra-curricular activities’.
In another matter, three unemployed men walked free from the Siteki Magistrates Court after their 12-year prison sentences for sexually violating minors were wholly suspended for three years.
The accused, Domenic Sithole (30) of Mafucula, Phiwayinkhosi Shabangu (19) of Lugongolweni and Nkosingiphile Sifundza (24) of Shewula, appeared separately before the same judicial officer on charges of having unlawful sexual intercourse with minors.
All three pleaded guilty.
After considering the facts before the court, the judicial officer sentenced each accused to 12 years imprisonment without an option of a fine. However, the entire sentences were wholly suspended for three years on condition that they were not convicted of a similar offence during that period.
In terms of the Sexual Offences and Domestic Violence Act No. 15 of 2018, sexual intercourse with a person below the age of 18 constitutes an unlawful sexual act, regardless of whether the minor appears to have consented.
These latest rulings come as the same judicial officer remains under scrutiny over an earlier decision to wholly suspend a 12-year prison sentence imposed on a security guard convicted of raping a 14-year-old girl.
The matter is currently before the High Court on review after the Crown argued that the sentence was unlawful. Prosecutors contend that the SODV Act and Section 185 bis of the Criminal Procedure and Evidence Act prohibit the suspension of sentences in rape cases involving aggravating circumstances, particularly where the survivor is between 10 and 18 years old.
The Crown further cited superior court judgments affirming that such offences warrant custodial sentences, stressing the need to protect children and uphold public confidence in the justice system. The Judiciary subsequently confirmed that the sentence had been placed under review following widespread public concern.
*Not real names to protect the victims who are still minors.
Savannah, PS’ working relationship questioned
LOBAMBA – Members of Parliament (MPs) have questioned the working relationship between Minister for Information, Communications and Technology (ICT) Savannah Maziya and Principal Secretary (PS) Prince Mshishimba Dlamini.
This comes amid reports of alleged tensions and blurred lines of authority within the ministry. The issue was raised yesterday during the Portfolio Committee debate on the Ministry of ICT’s first quarter performance report for the 2026/27 financial year.
Although the duo sat next to each other during the sitting and could be seen engaging now and again, MPs sought assurances that the ministry was operating effectively amid allegations that the PS had assumed responsibilities reserved for the minister.
Mbabane East MP Welcome Dlamini said Parliament had received numerous reports regarding the working relationship between the two leaders and felt obliged to seek clarity in the interest of good governance.
“We have heard many stories about the working relationship between yourself and the PS. We are told the PS is performing duties meant for the minister, including preparing Cabinet papers, yet those are powers reserved for the minister. We have also heard that the PS has been undertaking official trips that should have been led by the minister. If we do not ask these questions, we would be short-changing the public,” he said.
Dlamini cautioned that allowing administrative officials to assume political responsibilities would undermine governance structures and established protocol. He also sought an update on the recruitment of chief executive officers at the Royal Science and Technology Park (RSTP) and Eswatini Communications Commission (ESCCOM), urging the ministry to ensure the appointments were transparent and free from political interference.
Referring to the Eswatini Posts and Telecommunications Corporation (EPTC), he commended the corporation for what he described as a smooth recruitment process and encouraged the ministry to adopt the same approach for other entities.
The MP further questioned the ministry’s plans to regulate online publications, saying the rapid growth of digital media platforms requires an appropriate legal framework to ensure accountability and oversight. He noted that some countries require every online publication to maintain a physical office and suggested Eswatini could consider introducing similar regulatory measures.
Kwaluseni MP Sifiso Shongwe requested an update on the recruitment of the CEO and chief financial officer (CFO) at the Eswatini Television Authority (ESTVA).
Mayiwane MP Sicelo Khungankosi Dlamini also questioned the relationship between the minister and the PS, saying Parliament had heard reports regarding developments within the ministry and had a responsibility to establish the facts. He urged those allegedly working against the minister to stop using other public officers to pursue personal battles.
The MP also raised concerns over employees at EPTC whose contracts remained uncertain. He claimed some employees had been sent home and alleged that their pension benefits had been transferred into a Nedbank account, urging the minister to investigate the matter and provide clarity.
Responding to some of the issues raised, Maziya provided an update on the leadership vacancies within entities under the ministry. “The ESCCOM Board is finalising the recruitment process. ESTVA now has a new chief executive officer, while the recruitment process for the RSTP chief executive officer will be restarted,” she said.
The minister was, however, requested by the committee to submit comprehensive responses in writing.
