MASIMULA’S CASE WARRANTS DEATH SENTENCE - PROSECUTOR

MBABANE – Principal Crown Counsel Phila Dlamini said murder suspect Themba Masimula’s case warrants a death sentence.

Dlamini was speaking during the bail hearing of Masimula, who has been charged with the murder of his wife, Funekile. The Crown counsel said the State vigorously opposed the suspect’s bail application. He told the court that the matter was serious and challenged Judge Sipho Nkosi to look at the photographs, which were taken at the scene of the alleged accident.

Dlamini said if he could speak Afrikaans he would say Funekile was ‘slagting’ (slaughtered) before she was allegedly burnt.
“Someone’s daughter was killed. Looking at the pictures, the deceased’s relatives would take the law into their own hands if the suspect were to be released,” said Dlamini. He further mentioned that the chamber of the Director of Public Prosecutions (DPP) was concerned about the matter.

Instead of summoning the pathologist and the investigating officer to appear before court, Dlamini said the matter should go straight to trial. The Crown counsel told the court that the DPP was ready to proceed with the matter at trial. He boldly told the court that the Crown was ready to prosecute and was prepared to negotiate with the chief justice and registrar of the High Court to have the matter enrolled for trial.

Dlamini said a pre-trial was only a five minute thing; emphasising their readiness to have Masimula tried. He submitted that an indictment could be launched before the close of business yesterday.
“We do not want to be seen to be frustrating the accused,” he said and Judge Nkosi chipped in to say the accused was already being frustrated by the Crown.

The judge also asked why the bail was being vigorously opposed and further mentioned that he was inclined to grant the suspect bail. 
Masimula’s attorney, Noncedo Ndlangamandla, disputed that the Crown was ready to prosecute the suspect. “Considering that the bail application was moved three months ago, if they were ready they would have indicated then. They are not ready to prosecute. There is no indictment and no judge to hear the matter right away,” said Ndlangamandla.
She added that there were many suspects who have been awaiting prosecution for more than three years. Ndlangamandla wondered why the Crown wanted to treat Masimula’s matter differently.

Ndlangamandla also said the Crown was being emotional about the matter, which has been argued for three months now.  She stated that the Crown would not proceed even if Masimula were to be indicted.  Ndlangamandla said the DPP had no control over when a matter is to be heard. She said the bail application had been taking a long time. Even Judge Nkosi mentioned that the matter was taking too long.

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