COP ‘OBAMA’ OUT ON E50 000 BAIL

MBABANE – The gods have smiled again on Lucky ‘Obama’ Matsenjwa.
This is so because a fortnight after being acquitted and discharged on the charge of the murder of Mduduzi ‘S’chaza’ Matsebula, he has been released from custody.

Yesterday, the High Court granted him bail fixed at E50 000.
The court ordered Matsenjwa to pay E5 000 in cash and provide surety for the balance. He was admitted to bail by Judge Mbutfo Mamba.
Matsenjwa wasted no time and paid the aforementioned amount yesterday,  just a few hours after he was admitted to bail and one of his relatives placed her motor vehicle as surety for the balance of the bail amount.

This means that Matsenjwa spent last night in the comfort of his home.
His release on bail comes after he moved an urgent application for bail following his acquittal and discharge on some of the charges he was facing following the brutal murder of Matsebula in May 2017. 

Matsenjwa has been in custody for the past two-and-a-half years.
The Crown maintained its standpoint that it was not opposing the bail application.
As part of his bail conditions, Matsenjwa was ordered to surrender his passport and other valid international travel documents to the investigating officer and to not apply for new ones pending finalisation of his matter.

Prosecution

He was further directed to report in person monthly at the Manzini Police Station following his release and to refrain from speaking or communicating with any prosecution witnesses in the case against him. He is also to remain within the Kingdom of the Eswatini for the duration of his case.
The court also directed him to provide the investigating officer with his residential address. 

Matsenjwa was widely believed to have eliminated Matsebula, who was a police officer, in order to prevent him from testifying against him in the ongoing fingerprints case.

On February 4, 2020, Judge Mamba, however, found that there was no evidence that Matsenjwa had anything to do with whoever killed or harmed Matsebula.
The court went on to acquit him on six other charges which included theft, contempt of court, defeating and attempting to defeat the ends of justice.
However, the judge found that Matsenjwa had a case to answer on four of the 11 charges he was faced with.

In his fresh bail application, Matsenjwa submitted that on May 22, 2017, he was arrested by members of the Royal Eswatini Police Service (REPS) and was charged with the offences of murder, theft, two counts of defeating the ends of justice, five counts of attempting to defeat the course of justice and contempt of court.

He told the court that he had been kept at Zakhele Remand Centre since his incarceration.
Matsenjwa submitted that on May 31, 2017, he launched an application to be released on bail and the High Court dismissed it on the basis that his illness did not constitute exceptional circumstances. 

“Further, my bail application was refused because it was found that there was a likelihood that I would interfere with State witnesses as it was alleged that I eliminated a witness who was to testify against me in a criminal matter,” submitted Matsenjwa.
He highlighted that the court also found that he breached his previous bail conditions in respect of another matter.  The accused submitted that he appealed the decision to refuse him bail and he was unsuccessful.

“I humbly submit that there existed new circumstances warranting the court to release me pending the finalisation of the criminal proceedings against me,” contended Matsenjwa at the time.
He argued that he had since been acquitted and discharged on the charge of murder and was no longer facing any offence under the Fifth Schedule warranting him to bring evidence of exceptional circumstances.

He also pointed out that he had been acquitted on the charge of contempt of court and consequently the finding that he breached his bail conditions fell off.
“I have also been acquitted on two counts of defeating the ends of justice and two of attempting to defeat the course of justice. I am currently facing two counts of attempting to defeat the ends of justice and two of attempting to defeat the course of justice,” submitted Matsenjwa.
Defence
The accused further submitted that his trial was ongoing and he was expected to open the defence case when it resumed on April 8, 2020.
Matsenjwa averred that he had been advised that in terms of Section 96 (1) of the Criminal Procedure and Evidence Act of 1938, an accused person might be admitted to bail at any stage of the proceedings prior to conviction.
He submitted that if admitted to bail, there was no likelihood that he would abscond trial or that he would breach any of his bail conditions.
“There is no likelihood that if released on bail, I may interfere or attempt to influence or intimidate Crown witnesses particularly because all the Crown witnesses have already testified in this matter,” he argued.
Matsenjwa contended that it would not be in the interest of justice for his incarceration to continue.
He told the court that he had a trial that had been set to proceed in March 2020 and he needed to brief his new counsel as the one who was previously representing him passed on.
“Moreover, I have run out of funds since I have sold most of my assets to cater for my legal fees for the past two years. Upon my release on bail, I need to find a way to get finances in order to enable me to instruct counsel in respect of the upcoming matter,” submitted Matsenjwa.
Matsenjwa was represented by Noncedo Ndlangamandla.

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