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aare alleged to have assaulted three men they found in a car parked outside a textile firm at night in Matsapha.
The soldiers are also alleged to have taken two of the men, after one of them escaped, to a car loaded with 900kg of Green Chert stones valued at E720 000 and alerted the police about the discovery.
Siboniso Mncina (35) and Nhlanhla Malindzisa (32), both of Nkomanzi in the Hhohho Region, were subsequently arrested on November 3, 2022.
In papers they filed in court, seeking bail, Mncina told the court that on November 3, 2022, he and Malindzisa were requested by his friend, Mcebo Simelane, to accompany him to Matsapha Industrial Site to pick up his girlfriend who was employed in one of the textile firms.
Approached
He said they agreed and proceeded to Matsapha in his (Simelane’s) motor vehicle and arrived there at 9:45pm. Mncina stated that they waited for Simelane’s girlfriend to knock off. While waiting, he said, they were approached by a group of 15 armed soldiers in uniform. He alleged that the soldiers did not introduce themselves but demanded to search their car.
According to Mncina, the soldiers did not find anything in the car and allegedly began to harass them.
“They ordered us to lie down and started to hit us with fists and kicks all over our bodies. Simelane managed to escape and ran for dear life,” said Mncina. He alleged that they took them to a motor vehicle that was parked about 500 metres from where they were wait
Polished Green Chert stones. ing for Simelane’s girlfriend to knock off. “I do submit that the motor vehicle was fully loaded in its bakkie with some unique stones, which were unknown to us. The soldiers then phoned members of the Royal Eswatini Police Service, who came and had a lengthy discussion with the soldiers and thereafter came to me and the second accused person (Malindzisa) and informed us that they were arresting us for the illegal possession of precious stones,” Mncina said.
He said they were arrested and taken to Sigodvweni Police Station.
They were charged for allegedly contravening the Mines and Minerals Act No.4/2011. They are alleged to have been found in possession of the Green Chert stones without a valid licence.
Mncina and Malindzisa appeared at Matsapha Circuit Court and were warned to return to court on November 8, 2022 for setting of their trial date. On November 8, 2022, their matter was postponed to November 15, 2022 and they were informed by Correctional officers that the court was not operational and they would appear next Wednesday.
According to Mncina, they applied for bail during their first court appearance at the circuit court and were advised to move their bail application at the High Court due to the high value of the Green Chert stones allegedly found in their possession.
t2hat whmen theyewerne Mncina, who is a bricklayer,
arrested, he was suffering from an illness for which he was taking traditional medicine since western medicine could not cure him.
“Unfortunately, I’m not allowed to bring my medicine inside the prison. Traditional medicine is not provided in prison,” said Mncina.
The married father of two said his continued incarceration was prejudicial to his family since he was the breadwinner. He submitted that the Crown would not suffer any prejudice if he was granted bail.
Stones
He pointed out that the precious stones were unknown to him and were not found in his possession. Mncina further said the owner of the vehicle in which the Green Chert stones were found was not known to him. As a result, he said he would plead not guilty during trial.
Malindzisa filed a supporting affidavit and informed the court that his release from custody would not endanger the safety of the public.
The father of two said he was sickly and would like to ensure that the welfare of his dependants was in order. He also submitted that he needed to prepare for his trial. He also said he would plead not guilty at trial and that they would not evade same.
Judge Cyril Maphanga heard their application for bail yesterday. The court granted their bail application and fixed their bail amount at E50 000 for each of them. They were ordered to each pay E3 000 and provide sureties for the balance. They were represented by Sandile Shabangu of Dlamini Kunene Associated.