SD IN DILEMMA OVER SIPHO EXTRADITION

MBABANE – It would seem Swaziland may find itself between a rock and a hard place in the extradition of murder suspect Sipho Shongwe.

This is so because the country, through the Director of Public Prosecutions (DPP), has to choose whether it pursues his murder charge in Swaziland or have him extradited to the Republic of South Africa. 
According to the Extradition Treaty, the DPP cannot pursue both.

This was brought to the court’s attention on Friday by Shongwe’s lawyer, Ben J Simelane, who is representing the accused in the extradition case.
In Swaziland, Shongwe is accused of having killed prominent businessman and football administrator Victor Gamedze, while in the Republic of South Africa he is wanted for allegedly escaping from prison, forgery and uttering.
The senior lawyer pointed out that in terms of the Extradition Agreement, the DPP cannot pursue both (extradition and the murder trial on the other hand).

“In terms of the Extradition Agreement, if there is a conflict of interest, since both Swaziland and South Africa want him (Shongwe), then the Director of Public Prosecutions must decide which of the two routes he is pursuing,” submitted the attorney.

He submitted that the agreement further provided that what should be looked at was the nationality of the person and the seriousness of the crime, among other things.
 “Swaziland should be a preferred venue in light of the seriousness of the charge of murder compared to escaping from lawful custody, and the fact that he is a Swazi,” contended the attorney.
It was further his argument that by April 20, 2018, the DPP should have an answer.

Manzini Principal Magistrate David Khumalo, who presided over the matter, asked the DPP to attend to this when the matter returns to court on April 20, 2018.
On Friday, the Director of Public Prosecutions for the High Court of South Africa, Gauteng Division, George Dick Baloyi, formally filed an application for Shongwe’s extradition. The hearing of the extradition application was conducted at the Matsapha Maximum Prison on Friday.

In his founding affidavit, Baloyi stated that Shongwe was serving a sentence of life imprisonment (two sentences that ran concurrently) in Barberton Maximum Prison, as well as an additional period of 23 years of imprisonment. He pointed out that this was after the suspect was convicted of several charges of robbery with aggravating circumstances, attempted murder and theft.
“This was pursuant to a conviction on March 1, 2001 in the High Court of Pretoria, for having participated in a cash-in transit robbery, where R17 million was stolen,” submitted Baloyi.

He alleged Shongwe facilitated a forged court order that was presented to the Barberton prison authorities, stating that his appeal against the above convictions and sentences succeeded and that they had been set aside.
Baloyi highlighted that Shongwe was then released from prison after only serving seven years and 24 days of his sentence and still had to serve at least 12 years, 11 months and 24 days more before release could be considered.
He submitted that on March 25, 2008, Shongwe was released from Barberton prison after a fraudulent court order dated March 20, 2008 was presented to the head of the prison.

“The above court order was false, as a substantial period of imprisonment still has to be served by the suspect pursuant to his conviction and sentence on March 1, 2001,” contended Baloyi.
Baloyi stated that as a Director of Public Prosecutions, it was his duty to satisfy himself that a prima facie case had been made against the suspect. “I am of the view that the above evidence indicates a prima facie case and that there is sufficient evidence to justify a prosecution in the Republic of South Africa,” he argued.

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