POLICE ORDERED TO EXPUNGE GOVT LAWYER’S FINGERPRINTS

MBABANE – The National Commissioner of police has been ordered to expunge from the police criminal data system the fingerprints of a lawyer, who was convicted of drink- driving nine years ago.

Mxolisi Dlamini is one of the prosecutors who were hired by government last month.
The order directing the national commissioner to expunge Dlamini’s fingerprints from the criminal data system was issued by Judge John Magagula.

This comes after Dlamini approached the court, where he was praying for the aforementioned order.
In his application, Dlamini of Trelawney Park in Manzini, stated that he was once arrested for drink-driving and not stopping at a traffic light on June 12, 2009. 

He submitted that he was convicted by a Manzini-based magistrate.
According to the newly-hired prosecutor, he duly paid the fine and he had reformed, as for the past nine years he had not been arrested or convicted of any offence.

He pointed out that when he was convicted, he was still at the University of Swaziland pursuing his Bachelor of Law Degree. 
Dlamini informed the court that his wish to the court was to discharge/expunge the fingerprints as he was now living a normal life.
He went on to state that he had been practising with Ginindza Attorneys for the past five years from 2014 as an admitted attorney, and he had been on the right side of the law.

Recruited

“I do state I have been recruited and appointed a Crown prosecutor by the Civil Service Commission on March 8, 2018 and I am expected to resume my duties at the Siteki Magistrates Court,” submitted Dlamini.

He contended that the fingerprints were a stumbling block to his future now as the Civil Service Commission might revoke his appointment because of the previous conviction record.

“I, therefore, request the court to discharge or expunge my fingerprints from the police data criminal record,” submitted Dlamini.
He contended that in the event his fingerprints were expunged from the criminal data system, the Royal Swaziland Police Service would suffer no prejudice. Dlamini said this was so because his conviction was that of a traffic offence as opposed to a serious criminal conviction.

Dlamini averred that at the moment he was forced to serve the sentence forever and consequently a double jeopardy, which was unfair to him.
In a similar case, a final year student at Ngwane Teachers College wants the court to direct the National Commissioner of Police to expunge his fingerprints from the criminal data system.

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