Magistrate continues presiding over case
MBABANE – Manzini Magistrate Dumisani Mazibuko has allegedly continued to preside over a stock theft case despite an order of the High Court prohibiting the contin-uation of the trial.
This was revealed at the High Court yesterday.
Mazibuko was taken to court by the accused, Samson Mkhabela who was represented by attorney Mzwandile Dlamini. Mkhabela faces two counts of stock theft.
It was alleged that in December 2011 he stole five head of cattle at Gundvwini which were the property of Stephen Mnisi.
It was further alleged that the stole one cow, a calf and four goats which were valued at E7 800, which was the property of Hloniphile Nhleko.
In his application before court, Mkhabela prayed for an order of court directing Mazibuko to recuse himself on the proceedings of the trial under the Manzini Magistrates Court where he is the accused. He further sought an order that his trial be stayed pending finalisation of the matter.
It was alleged that the scuffle ensued when Dlamini cross-examined a crown witness on the evidence he had given. The evidence was allegedly contradictory to the evidence he had given to the police when the statement was taken from him.
The magistrate allegedly wondered how Dlamini had got hold of the statement and he further mentioned that police make mistakes when taking statements and he was aware of the fact, hence he will not consider it.
"I state that I was so shocked to hear that come from the first respondent yet I expect him to remain so neutral in the matter and allow issues to be tried," Mkhabela said. Dlamini allegedly pointed out to Mazibuko that he was wrong to take sides in the matter. Mkhabela further told the Court: "I state that the request of my attorney was not allowed and instead the first respondent (Mazibuko) became so emotional and scolded at my attorney.
He told him he was a spoilt brat and not fit to appear before his court." Magistrate Mazibuko was further quoted as having said that he would not allow witnesses to be cross-examined about something they did not say in his court.
Mazibuko was also accused of having labelled Dlamini a nothing, talking rubbish and not fit to be an attorney when the case resumed on April 4, 2012. "He advised me that at times attorneys make unnecessary opposition to clear matters wherein at the end of the day a person is found guilty," Mkhabela alleged.
The High Court had issued an order of court on May 4 in which Mazibuko was ordered to stop the trial pending finalisation of the matter at the High Court. The magistrate has allegedly defied the order of court as he is continuing with the trial. The case continues.
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