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SHONGWE OPPOSES EXTRADITION TO SA

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MBABANE – Murder suspect Sipho Shongwe is opposing the application to have him extradited to the Republic of South Africa.

In South Africa, he is wanted for allegedly escaping from Barberton Maximum Prison, forgery and uttering, which comes with a maximum of 10 years imprisonment. Locally, he stands charged with the murder of prominent businessman Victor Gamedze. He has since instructed senior lawyer Ben J Simelane to defend him in the extradition matter. This means that he now has two attorneys, as in the main matter (murder case), he is represented by Sipho Mnisi. Lawyer Simelane was yesterday in court and at one point in time, he was seen consulting with Shongwe, who was at the High Court for the hearing of his bail application. The date on which the extradition application would be heard would be known during Shongwe’s next remand hearing on March 9, 2018. Shongwe is now having two tasks, which are that of convincing the courts why it should release him and why he should not be extradited to SA.

The application for Shongwe’s extradition was filed by Advocate Elizabeth Leonard (nee Jordaan), who is the Deputy Director of Public Prosecutions (DPP) for the Gauteng, Pretoria, Division of the High Court of South Africa. “In terms of Article 10 of the Southern African Development Community (SADC) Protocol on Extradition, which is operative in the Republic of South Africa and by virtue of the existing extradition agreement between South Africa and the Kingdom of Swaziland, I am entitled to request for the provisional arrest of Mr City Sipho Shongwe pending extradition,” submitted Advocate Leonard. She submitted that at the time of the commission of the offence, Shongwe was allegedly serving a prison sentence in the Barberton Maximum Prison. The advocate highlighted that Shongwe was convicted and sentenced twice to life imprisonment on March 1, 2001 and had to serve his sentences in prison.

“On March 25, 2008, Mr Shongwe escaped from Barberton Maximum Prison in that he facilitated a fraudulent court order that was presented to the prison authorities, whose contents indicated that his appeal against conviction and sentence was upheld and that his conviction and sentences were set aside,” alleged the Deputy DPP. She averred that this was not correct as Shongwe’s convictions and sentences were never set aside. “Due to the presentation of this fraudulent court order to the Barberton Maximum Prison authorities, Mr Shongwe was released from prison and failed to serve his remaining sentence. Mr Shongwe subsequently left the Republic of South Africa and fled to Swaziland,” averred Advocate Leonard. She pointed out that in the Republic of South Africa; Shongwe was accused of having committed the following offences: contravening of Section 117 of Act 111 of 1998 of the Correctional Services Act; escaping and absconding, forgery and uttering.


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