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NTUTHUKO OUT ON E50 000 BAIL

11/03/2021 12:54:00 Mbongiseni Ndzimandze and Kwanele Dlamini

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MBABANE – “People must understand that being released on bail does not mean being acquitted of the crime.”

These sentiments were shared by Principal Judge Qinisile Mabuza when she admitted former Minister of Public Works and Transport Ntuthuko Dlamini to bail yesterday. The court admitted the former LaMgabhi Member of Parliament (MP) to E50 000 bail, but ordered him to pay E10 000 in cash and provide surety for the balance. Principal Judge Mabuza said Ntuthuko’s submission that particularly resonated with the court was that, because of the seriousness of the offences, he had to prepare adequately for his defence by instructing senior counsel (advocate) as well as putting money together for this purpose. “He has to instruct counsel in conducive surroundings and to readily access cash and assets in whatever banks they are to be found in order to pay his defence team,” the principal judge said.

Passport

Some of the conditions that have been attached to his bail are that; he should surrender his passport at Bhunya Police Station and not apply for a new one; report to the Mbabane Police Station every Friday between 9am and 4pm. Ntuthuko had spent five months in custody after allegedly shooting and killing Andreas Tsabedze and former police officer Sikhulu Shongwe in cold blood at Mhlabubovu. The former legislator was arrested on September 7, 2020 and charged with two counts of murder, one of attempted murder and a fourth count of being found in possession of a firearm without a licence.

In the charge of attempted murder, he is said to have attempted to end the life of Simon Dlamini by shooting him three times with a pistol. The charges preferred against Ntuthuko were sparked by a dispute over land which is situated at Mhlabubovu. The land is disputed over by two opposing chiefdoms, namely; LaMgabhi and Luyengweni. On the fateful day, the piece of land was allegedly being allocated by the authorities.

In her judgment on bail, Principal Judge Mabuza said Ntuthuko must still stand trial and if convicted, sentenced to a custodial sentence because lives were lost. During the argument of the bail application, it was canvassed by the Crown that the applicant had no defence to the charges he was facing because there was sufficient evidence to prove premeditated murder and that he exceeded the bounds of self- defence. The applicant denied that he had no defence and stated that he was at all material times acting in self-defence. It was argued on his behalf that whether or not he exceeded the bounds of self-defence, was a question to be determined by the trial court.

The Crown, on the other hand, further submitted that Ntuthuko was likely to flee the jurisdiction of the court and seek asylum in neighbouring countries, thereby evading trial. The State based its argument on the fact that the applicant was a former minister and might have made contacts that would assist him. Principal Judge Mabuza, in her judgment, said: “I have a difficulty with this ground. Insufficient information has been touted to support it. The possible country of choice for the applicant has not been disclosed nor have his erstwhile former contacts been identified.”

She further noted that there was no indication as to what resources Ntuthuko would use to sustain himself while in the imaginary country he was likely to flee to. She said on the contrary, Ntuthuko stated that he was a liSwati by birth, had a wife and children with whom he lived at LaMgabhi. Ntuthuko, according to the court, also disclosed that he had a number of assets in the Kingdom of Eswatini, including five shopping complexes, a farming business comprising three feedlots, a piggery business and that he recently invested in an expensive irrigation programme for his farm. He had disclosed that he held a number of investments with local banks which he could not immediately cash out. It was further his argument that he could not leave his family and assets just like that. The principal judge said it seemed to her that Ntuthuko was aware of the gravity of the offences he was facing.

Following the conclusion of his bail yesterday, Ntuthuko will now have to await his trial date as he was recently called to a pretrial conference. Meanwhile, during the trial, the Crown will parade 16 witnesses to prove its case beyond reasonable doubt against Ntuthuko.