HOUSE ARREST TOO HARSH - MASIMULA

MBABANE – Murder suspect Themba Masimula has described his house arrest as an excessively harsh condition.

Masimula, who allegedly killed his wife Funekile, now wants the High Court to vary this condition of bail.
In an urgent application he has filed at the High Court, he prayed for an order that the condition of house arrest be varied and substituted with a system of reporting to the police periodically that will balance his attending court and ultimate freedom.

The suspended teacher, who is also a pastor, was granted bail on March 29, 2017 by Judge Sipho Nkosi, who placed him under house arrest where he has remained for nearly two years. He lives with his uncle and his wife at Ndzingeni in the Hhohho Region.  He was initially ordered to stay at his mother’s house in Nhlangano until he threatened to kill her. His uncle offered to house him and Judge Nkosi ordered that the suspect be moved from Nhlangano to his uncle’s home in Ndzingeni where he has been staying ever since.

Masimula’s uncle and his wife later informed Judge Nkosi that they wanted Masimula out of their home but the judge insisted that they stay with him because they had offered to house him when his mother complained about his behaviour.

The suspect has stated in his application before court that since he has been under house arrest for almost two years now, this has had an adverse effect on his health in that he cannot see his doctor as and when he requires to. The veracity of these allegations is still to be tested in court.

Crown

The Crown is opposed to the application and it is yet to file its responding papers.
He submitted that when he was arrested, he was due for an appointment with his doctor on November 25, 2016. Masimula said he was experiencing pain on his bones and knee. He alleged that he still feels the pain and he is worried that if it is left untreated, it might have a permanent effect on him.

The suspect further informed the court that his leg was in a plaster of paris when he was arrested and now he has developed a condition known as pityrosporum folliculitis, which has caused his hair follicles to become itchy and developed pimples.

He further submitted that the house he resides in is wet and moist most of the time and he fears catching pneumonia since he has allegedly developed chest pains and he cannot breathe normally.

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