STOP ARRESTING PEOPLE WITHOUT EVIDENCE - JUDGE

MBABABNE – Judge Mumcy Dlamini said arresting people without evidence should come to an end.

The judge said this yesterday when the crown informed the court that it had a change of heart and was no longer opposing SWAPA President Mduduzi Bhembe and lawyer Sanele Mabila’s bail application.
Judge Dlamini reminded Senior Crown Counsel Macebo Nxumalo that the court had spent a lot of time on the matter the previous day and ordered that the witnesses alleged to have already been interfered with by the suspects be called to appear before court.

These are Machawe Dlamini, who is an admitted attorney, and businessman Musa ‘Mabhengu’ Hlophe. The crown informed the court that releasing Bhembe and Mabila would not be in the interest of justice as they have already interfered with the witnesses and would do so again.
The judge ordered that Machawe and Hlophe be summoned to give evidence whether they had been interfered with or not.

When the matter was called yesterday, Nxumalo told the court that the matter was no longer opposed. Judge Dlamini questioned why the matter was no longer opposed and why the witnesses or either one of them had not been called.
“Where is the witness? I need a witness as you have deposed to your affidavit that they will interfere with the witnesses.  I need a witness in the dock. I ordered so because you insisted that they will interfere with witnesses.
“Where is that the witness?” asked the judge.

 Nxumalo responded that the witness was not before court. He said the crown was of the view that it would not be necessary to call the witnesses because the matter was no longer opposed.
Judge Dlamini told the crown that the court was dealing with justice and that it should be based on truth.
“This is justice and it must be based on truth and veracity not on vendettas. The business of arresting people without evidence must come to an end in this country,” the judge said.
When the judge insisted that she needed a witness in the dock, the senior crown counsel responded that a party could abandon an application, to which Judge Dlamini interjected and said: “When it is getting hot and you are confronted with facts then you change your mind.

“There is no witness here. Yesterday I ordered that you bring a witness to give evidence under oath. Admit that you don’t have a witness,” said the judge.

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