LOBAMBA – The Judiciary has paid over E1 million from the E95 million linked to concluded and pending court matters.
The money had remained unclaimed in government accounts and raised concerns from parliamentarians. This emerged during the Judiciary’s appearance before Parliament’s Public Accounts Committee (PAC) yesterday, where Deputy Registrar of the Supreme Court, Siphiwo Nyoni, faced intense questions from Members of Parliament over the handling of the funds.
Showing immense confidence and preparedness for the sitting, Nyoni revealed that the Judiciary had so far authorised the release of E1 076 315 in bail refunds.
She further disclosed that E2 459 500 had been converted into government revenue after the bail monies were forfeited or turned into fines during the 2024/2025 financial year.
In total, the now released funds amount to E3 535 815.
However, the explanation failed to satisfy several PAC members, who demanded greater accountability and a full breakdown of the funds.
The issue was initially uncovered by Auditor General (AG) Timothy Matsebula in his report for the financial year ended March 31, 2025.
According to the report, the Judiciary was holding unclaimed bail deposits amounting to E95 351 864.07. Of this amount, E78 995 543.72 was recorded under the Sundry Departmental Deposits Account – 61101, while E16 396 320.35 was held under the Bail Deposits Account – 61130.
The AG noted that the Judiciary initially used the Sundry Departmental Deposits Account to hold bail monies before opening a dedicated Bail Deposits Account.
In raising concern over the issue, Matsebula referred to Financial and Accounting Instruction 1307, which states that amounts accepted as deposits ‘must not be left un-actioned’ and that vigorous and continual investigations should be undertaken to ensure deposits are returned to their rightful owners.
He also cited Financial and Accounting Instruction 1308, which states that deposits remaining unclaimed for five years should be transferred to Revenue Miscellaneous Sundries.
“Government is deprived of its revenue from deposits relating to the cases that were favourable to the State and unclaimed deposits by any person after the five-year period. The accumulation of unremitted bail deposits is a concern because the funds may end up being claimed by undeserving persons,” the Auditor General stated in the report.
Matsebula advised the Judiciary to annually separate bail deposits relating to cases won and lost by offenders and to transfer deposits linked to unsuccessful cases, as well as unclaimed deposits older than five years, into the Miscellaneous (Sundry) Income Account.
He further recommended that deposits relating to cases won by accused persons be refunded promptly, while fines should be recognised as government revenue in the year to which they relate.
In response to the AG’s findings, the controlling officer argued that bail deposits were held by the Judiciary in a custodial capacity and did not automatically constitute government revenue, unless they were lawfully forfeited or converted into fines through a court order.
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… come and claim your bail deposits - registrar appeals
LOBAMBA - Deputy Registrar of the Supreme Court Siphiwo Nyoni has appealed to emaSwati who won court cases but never collected their bail deposits to come forward and claim their money.
She said this is assuring the public that the Judiciary was ready to assist all rightful beneficiaries. Nyoni made the appeal during the Judiciary’s appearance before Parliament’s Public Accounts Committee (PAC) yesterday, where members strongly criticised delays in refunding bail monies and questioned the handling of millions of emalangeni linked to concluded court cases.
The matter follows revelations by Auditor General (AG) Timothy Matsebula that over E95 million in bail deposits had been accumulated in government accounts over the years.
During the heated sitting, MPs expressed concern that some beneficiaries could die before receiving their refunds, while others risked losing access to their money after misplacing bail deposit receipts.
Nhlambeni MP Manzi Zwane accused the Judiciary of intentionally delaying payments, arguing that the courts already had records showing which accused persons had won their cases and were entitled to refunds.
“The delay is intentional. The Judiciary knows the cases, they know when a person wins their case and they have the documentation,” Zwane charged. Responding to the criticism, Nyoni defended the requirement for claimants to produce proof of payment before refunds could be processed, saying this was necessary to prevent fraud and corruption. “There is a lot of corruption out there. It would be dangerous to simply allow someone to come and claim they paid E20 000 without proof,” she said.
“The receipt is important because these days there are many scams. That is why we advise people to go to Treasury to get reprinted receipts if they have lost the originals.”
Nyoni insisted there was no deliberate effort by the Judiciary to frustrate beneficiaries.
“I can advise that anyone who has not received their bail money must go to the High Court and claim it. We are ready to assist them,” she said.
She further explained that the Judiciary regularly submits quarterly reports detailing pending and concluded cases and had no problem making such reports available to Parliament. On concerns raised about beneficiaries who may have died before claiming their money, Nyoni said such matters were handled through the Master’s Office, with the funds becoming part of the deceased estate.
PAC members, however, continued to press the Judiciary on what eventually happens to long-unclaimed bail monies.
Somntongo MP Sandile Nxumalo questioned whether the funds would effectively remain untouched indefinitely if beneficiaries never came forward. “I want her to clearly state what happens if the money remains unclaimed. Does it stay there forever?” he asked.
*Full article available on Pressreader*
Deputy Registrar of the Supreme Court Siphiwo Nyoni and other officers from the Judiciary during an appearance before the Public Accounts Committee yesterday. (Pic: Ntombi Mhlongo)