ͳͲ ͲͲͲ „ƒ‹Ž –‘‘ •–‡‡’ ˆ‘” …‘’’‡” –Š‡ˆ– ƒ……—•‡†

MBABANE - A man who allegedly stole copper cables valued at E52 000 at Ngwenya failed to pay bail amounting to E10 000.

Gcina Nyembe, of Mkhangala, was arrested on June 14, 2023 by members of the Royal Eswatini Police Service (REPS), who charged him with theft.

The accused was granted bail fixed at E10 000 by the Mbabane Magistrates Court. However, he was unable to pay the fine. Instead, he approached the High Court, where he sought an order varying his bail amount. He wanted the court to order him to pay a portion of the amount in cash and the balance to be in the form of surety. Judge Mlangeni granted the application. The court varied Nyembe’s bail and ordered that he pays E5 000 in cash and the balance in the form of surety.

Nyembe stated, in his founding affidavit, that he was not in a position to pay the sum of E10 000 in cash.

The accused stated that the court had the jurisdiction to determine the matter by virtue of Section 95 and 96 of the Criminal Procedure and Evidence Act 67 of 1938.

Oppose

He stated that on June 16, 2023, he appeared at the Mbabane Magistrates Court and the Crown did not oppose his application. Nyembe submitted that he was unemployed and sustained himself through odd jobs and used the money to maintain his five children, who are all school-going, as well as his unemployed wife.

He submitted that the interest of justice favoured that the quantum of his bail be varied to secure a portion of the sum with sureties. He assured the court that if granted the relief he was seeking, he would request that he be allowed to deposit any cash amount to the Mbabane Police Station or the station commander and/his lawful subordinate(s).

Nyembe was represented by Sivesonkhe Ngwenya from Sivesonkhe Ngwenya Attorneys. He stated before court that the matter was urgent because matters pertaining to personal liberty were by their very nature and constitutionally urgent.

Urgent

Ngwenya said in accordance with the provisions of the Constitution Act 2005, in particular Sections 16 (7) read together with 21(1) matters, pertaining to deprivation of personal liberties, the matter was urgent.

He submitted that he could not be afforded substantial redress at a hearing in due course and particularly because there was no prejudice to be suffered by the Crown if the matter was dealt with on an urgent basis.

Nyembe’s representative revealed that he was innocent and must be given the benefit of the doubt and consequently, he could not be afforded substantial redress at a hearing in due course. The stolen property was in the lawful possession of Timothy Gumbi. Motsa then wondered if Nyembe had received any kind of punishment as a result of the offence.

Sithole, in his response said nothing had been done to him. He was then remanded out of custody until July 25, 2023 for trial.