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CHIEF JUSTICE CALLS FOR TOUGH STANCE ON SERIOUS CRIMES

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MBABANE – Following the increase of heinous crimes like premeditated murder in the country, the courts will urgently review their approach with regard to bail.


This change might be realised soon, after Chief Justice (CJ) Bheki Maphalala yesterday called upon judges and magistrates to now seriously consider and review issues of bail and bail conditions.
The CJ made these remarks in his address during the official opening of the High Court yesterday.


“Following the increase of heinous crimes like premeditated murder, robbery and aggravated rape, it has become necessary for our courts to urgently review their approach to bail and in general, the bail conditions,” said the CJ.
The head of the Judiciary said judges and magistrates should now become sensitive to these serious and violent crimes.
“It has become necessary and expedient, in the circumstances, for our courts to urgently review their approach to bail conditions as well as the principle applicable to sentencing in cases of criminal convictions, for purposes of deterrent,” said the head of the Judiciary.


CJ Maphalala highlighted that on a daily basis at the High Court, he receives a minimum of five murder cases and this was a clear indication that this type of crime was now at an alarming level.  
Although not mentioning a specific case, the recent case of murder that was recently reported in the country is that of prominent businessman Victor Gamedze, who was shot dead while at Ezulwini Galp Filling Station just over two weeks ago. He said other alarming cases which he receives on a daily basis include armed robbery and aggravated rape.


 “We have been accused as courts and justifiably so, that people who have committed serious criminal and violent crimes are arrested today and tomorrow the  courts release them back to the public to commit further crimes. It therefore becomes necessary for our judicial officers to become sensitive to these serious and violent crimes,” added the CJ.


He mentioned that another disturbing feature was that some criminals had no problem going back to jail because some of them were treated better than when outside.
“It should alarm us as a country when we have a serious increase in the number of these crimes,” said the CJ.


Maphalala said their statistics showed a drastic increase of recorded serious criminal cases both at the magistrate as well as the High Court.
He said the shortage of judges and magistrates remained the major cause of backlog of cases.  “We reiterate our request to the government for judicial posts in accordance with our memorandum of 2015,” said the  CJ.

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