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FRUSTRATED SIPHO SHONGWE BLASTS CJ

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MBABANE  – “The interference in this matter by the chief justice extends beyond the normal functions and exercise of his duties which are administrative.”
This was one of the submissions by Sipho Shongwe in the matter where he is challenging the stay of the order for his release from custody.


Shongwe stands accused of killing prominent businessman and soccer administrator Victor Gamedze.
He said he was left with a sour taste in his mouth as to the question of fairness and equality before the country’s courts.
The accused said it was in retrospect foolish of him to have thought that after Judge Sipho Nkosi had granted him bail, the structures (DPP and the courts) would not frustrate him and undermine his order.


“It is disheartening that a simple citizen like myself, who is guaranteed by the Constitution basic human rights which when one attempts to enforce in the institutions that are obligated to defend and uphold his rights, the institutions fail you and further turn against you,” submitted Shongwe,
He said it was and still is difficult to swallow what transpired on September 28, 2018.  Shongwe submitted that he expected protection from the courts after his bail application succeeded. 


He averred that his understanding was that the Judiciary and the court structures were separate from the parties during litigation and that they were impartial.
“I wish to reserve my right, if I have any left, to approach the appropriate authorities to prosecute the violation of my rights by all persons in the judicial structure as they have,”  said the accused.


Giving a background of the matter, Shongwe stated that on September 28, 2018, under the instruction of Judge Nkosi, the Correctional Services department produced him in court for the delivery of the judgment in his bail application.


Shongwe highlighted that the matter pertaining to the bail application was a long standing matter which was made up of many unexplained events, which when they occurred he did not quite understand and believe them.


“However, it has now become very apparent to me why and how these events occurred. I might mention that it is with extreme difficulty for me to have mention what transpired and I beg the court’s indulgence if  I am seen to be disrespectful to the court,” submitted Shongwe.


Narrated


He narrated that his bail application began sometime in February 2018 and was opposed by the Director of Public Prosecutions (DPP).  Shongwe said certain findings were made by Judge Nkosi, which made the DPP believe that his rights were being violated and that the law was being misstated.
He submitted that the ruling on the finding was made after a judgment by the Supreme Court, directing that his application should proceed without any further interference and that it should be concluded urgently.


Shongwe went on to state that, prior to the hearing where judges of the Supreme Court made the ruling, a litany of events occurred.  He told the court that a few days before his matter was to be heard, his attorneys requested the registrar of the High Court to make the necessary arrangements for him to be produced in court in terms of Section 21(3) of the Constitution.  
This section provides that a matter should not take place in the absence of the accused, unless he or she has consented.
“On my attorneys making the enquiry, they were advised by the registrar of the High Court that the chief justice instructed them that it was not necessary for me to be present at the hearing and the arrangements in the form of a request for my production as is required must not be issued. As a result, the matter proceeded without me before the said justices much to the violation of my rights,” argued Shongwe.

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