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JUDGE NKOSI APOLOGISES TO CHIEF JUSTICE

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MBABANE – Apologetic! Following his utterances and threats to spill the beans, Judge Sipho Nkosi has decided to humble himself and apologise to Chief Justice, Bheki Maphalala.


In the letter dated July 2, 2018, under the headline; Re: Written Judgment in the Bail application of Sipho Shongwe vs State, Judge Nkosi sincerely apologised for the misunderstanding between him and the chief justice on June 26, 2018.


“I shall proceed as per your directive in so far as I can with regard to handling some formal written ruling. Should I encounter any difficulties, I shall let you know,” wrote Judge Nkosi.
He went on to thank the chief justice for a letter he wrote to him on June 28, 2018.


Shongwe stands charged with the murder of prominent businessman and football administrator, Victor Gamedze.
Last Wednesday, Judge Nkosi informed all and sundry that he would proceed with Shongwe’s bail hearing on July 9, 2018.


This was despite a directive by the chief justice that the bail hearing should not proceed and that Judge Nkosi should provide his written reasons.
The Crown awaits written reasons for Judge Nkosi’s findings during murder suspect Shongwe’s bail hearing that the State had failed to prove that the suspect was fraudulently released from Barberton Maximum Prison.


The Crown requires the written reasons to proceed with its appeal of the judge’s finding.
There was also a judgment by Judge Mzwandile Fakudze, who had ruled that the bail hearing should not proceed at the High Court pending the appeal.


When he insisted that he would proceed with the matter, Judge Nkosi said he tried to call the parties to his chambers after consulting the chief justice.
He informed Principal Crown Counsels Absalom Makhanya and Macebo Nxumalo, and Shongwe’s attorney, Sipho Mnisi that he wanted to make an order that he would proceed with the matter.


Arguments


Judge Nkosi said he did not have any notice of appeal or leave to appeal before him. He said he wanted to proceed with the matter and those arguments made before him because he did not have a notice of appeal.


The judge stated that he did not know what was being appealed against. He explained that the point on jurisdiction was a sub species pertaining to whether Shongwe was a flight risk. He said if there was proof that he escaped from prison, he would have denied him bail.
“I am not sure what the appeal is about. I have been told that I am supposed to make a ruling or judgment but I do not understand what ruling I am supposed to make


“I am seized with the matter. There is nothing before me that tells me that I am not seized with the matter. I would therefore like that whatever issues you want to discuss pertaining to the matter that you discuss it before me,” Judge Nkosi had said.


According to the judge, it would be very discomforting if the Supreme Court ruled that the High Court had no jurisdiction to hear on Shongwe’s escape or otherwise from prison and wondered if that would mean that the suspect was not entitled to pursue his bail application.


The judge went to state that there was a perception among members of the public to the effect that he was denying Shongwe justice by not issuing his written reasons for the appeal by the Crown.


He said he would spill the beans on what was stalling Sipho Shongwe’s bail hearing.
The judge was also adamant that he would proceed with the hearing so that the nation and the King would know that the courts were working.


Nkosi said he did not want to be a party to anything that created the impression that he was denying Shongwe justice. He said he wanted the matter to be concluded as soon as possible.


He went on to say that he had a bad feeling that somehow there were some forces which had created a false impression about him.

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