MAN WANTS E500 000 FOR UNLAWFUL DETENTION

MBABANE – An error in a committal warrant resulted in a man who was sentenced to eight months spending two years at the Sidwashini Correctional facility.

A clerk at the Mbabane Magistrates Court is alleged to  have written that Mazwi Jubumgwaco Malinga was sentenced to two years imprisonment when in fact he had been sentenced to eight months with an option of a fine of E2 000.

Malinga (28) of Ngabezweni was sentenced to eight months imprisonment after he pleaded guilty to have wrongfully and intentionally stolen an HTC HD cellphone valued at E6 000 from Riina Kaura.

demanding

Through his lawyers from Mngomezulu Attorneys, he has since taken government to court where he is demanding compensation of E500 000.
Respondents in the matter are the Judicial Service Commission (JSC), criminal clerk – Mbabane Magistrates Court, Commissioner General of His Majesty’s Correctional Services (HMCS) and the Attorney General (AG).

Giving a brief background of the matter, Malinga submitted that on or about December 16, 2013 he was arrested, tried and convicted of wrongfully, unlawfully and intentionally stealing an HTC HD  cellphone valued at E6 000, which was in the lawful possession of Kaura.
He said he was eventually sentenced to a fine of E2 000 or in default of payment to imprisonment for a period of eight months.

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