DISMISS TSC BOSS’S ACQUITTAL, SAYS DPP

MBABANE – The High court was perfectly correct in acquitting TSC Executive Secretary Mduduzi Nkambule on the corruption charge.

This was a submission made by Ben Simelane, who represents Nkambule after the Director of Public Prosecutions (DPP) filed an application to appeal.

Nkambule was discharged in terms of Section 174 (4) of the Criminal Procedure and Evidence Act of 1938.
The court found that what the crown contended to be minutes of the meeting of October 27, 2010 when his wife Jabulile was appointed head teacher of Manzini Practising School did not constitute proper minutes.

It was the finding of the court that there was no declaration in those minutes of Nkambule’s participation in the meeting.
Appearing before the Supreme Court yesterday, Simelane said the DPP’s application ought to be dismissed because the High Court made the right finding.

“Regarding the status of the document, whether it could be said to be minutes, it is submitted that the finding of the court a quo was correct and further that this is a collateral issue that does not enhance the appellant’s case on guilt or otherwise of respondent,” submitted Simelane.

He also told the court that the crown had not shown that another court would come to a different conclusion or that there were prospects of success. In fact, Simelane said the application filed by the DPP was a skeleton and Judge Robert Cloete told Principal Crown Counsel Thabo Dlamini that his application was basically saying nothing.

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