Shongwe who was sacked from his job in April 2015after being arrested on corruption charges is alleged to have committed the offences while still a Cabinet minister.
He was charged with Sandlane
Zwane, a businessman. Shongwe is charged on six counts including extortion,
corruption and obstruction of justice.
The two appeared before
Mbabane Principal Magistrate Nondumiso Simelane on 19 August 2015. Later, they
were allowed
bail at E50,000 (US$5,000) each.
Shongwe is currently also
on bail on separate charges under the Prevention of Corruption Act, including
defeating or obstructing the course of justice, fraud and theft.
Count 1(Accused 1 and 2)
The accused are guilty of
contravening Section 42 (1) (a) read with subsections (2) (a) (i), (b)(i) and
(iii), (c) and (d) as read together with Section 35 (1) of the Prevention of
Corruption Act No. 3 of 2006.
In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused acting individually and/or jointly and in furtherance of a common purpose did unlawfully demand and/or accept money amounting to E62 000 (US$6,200) from Jose Emidio Rodrigues for their benefit and through their illegal and dishonest manner amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give them the said amount of money and thus did thereby contravene the provisions of the said Act.
In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused acting individually and/or jointly and in furtherance of a common purpose did unlawfully demand and/or accept money amounting to E62 000 (US$6,200) from Jose Emidio Rodrigues for their benefit and through their illegal and dishonest manner amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give them the said amount of money and thus did thereby contravene the provisions of the said Act.
Count 2(Accused 1 and 2)
The accused are guilty of
contravening Section 42 (1) (a) read with subsections (2) (a) (i), (b)(i) and
(iii), (c) and (d) as read together with Section 35 (1) of the Prevention of
Corruption Act No. 3 of 2006.
In that upon or during
the period between the months of October 2014 to March 2015 and at near Mbabane
in the Hhohho Region, the said accused acting individually and/or jointly and
in furtherance of a common purpose did unlawfully demand and/or accept money
amounting to E600 000 from Jose Emidio Rodrigues for their benefit and through
their illegal and dishonest manner amounting to the abuse of their respective
positions of authority and violation of their legal duties or set of rules in a
design to achieve an unjustified result and amounting to an improper inducement
of the said Rodrigues to give them the said amount of money and thus did
thereby contravene the provisions of the said Act.
Count 3 (Accused 1 Only:
Shongwe)
The accused are guilty of
contravening Section 30 (1) (a) and (b) read with subsections (c) (i), (d)(i)
and (iii), (e) and (f) as read together with Section 35 (2) of the Prevention
of Corruption Act No. 3 of 2006.
In that upon or during
the period between the months of October 2014 to March 2015 and at near Mbabane
in the Hhohho Region, the said accused being a politician did unlawfully demand
and/or accept or agree and/or offer to accept money amounting to E60 000 from
Jose Emidio Rodrigues for his benefit in order to assist the said Emidio Rodrigues
with his criminal case and through his illegal and dishonest manner amounting
to the abuse of his position of authority and violation of legal duties or set
of rules in a design to achieve an unjustified result and amounting to an
improper inducement of the said Rodrigues to give him the said amount of money
and thus did thereby contravene the provisions of the said Act.
Count 4 (Accused 1 Only: Shongwe)
The accused are guilty of
contravening Section 30 (1) (a) and (b) read with subsections (c) (i), (d)(i)
and (iii), (e) and (f) as read together with Section 35 (2) of the Prevention
of Corruption Act No. 3 of 2006.
In that upon or during
the period between the months of October 2014 to March 2015 and at near Mbabane
in the Hhohho Region, the said accused being a politician did unlawfully demand
and/or accept or agree and/or offer to accept money amounting to E60 000 from
Jose Emidio Rodrigues for his benefit in order to assist the said Emidio
Rodrigues with his criminal case and through his illegal and dishonest manner
amounting to the abuse of his position of authority and violation of legal
duties or set of rules in a design to achieve an unjustified result and
amounting to an improper inducement of the said Rodrigues to give him the said
amount of money and thus did thereby contravene the provisions of the said Act.
Count 5 (Accused 1 and 2)
The accused are guilty of
crime of Extortion.
In that upon or during
the period between the months of October 2014 to March 2015 and at or near
Mbabane in the Hhohho region, the said Accused 1, who was at all material times
the Minister for Justice and Constitutional Affairs for the Kingdom of
Swaziland acting individually and/or jointly and in furtherance of a common
purpose with Accused 2 did unlawfully and intentionally inspire fear in the
mind of Jose Emidio Rodrigues who was and still is an accused person in a
pending criminal trial by threatening and informing him that a judgment to find
him guilty and a custodial sentence was already in place, unless the said Jose
Emidio Rodrigues paid the said accused Money amounting to E600 000 thereby
unlawfully and intentionally extorted E62 000 and obtained from the said Jose
Rodrigues.
Count 6 (Accused 1only:
Shongwe)
The accused is guilty of
crime of attempting to defeat or obstruct the course of Justice.
In that whereas one Jose
Emidio Rodrigues is an accused and Fraud in High Court Case No.242/2013 which
is pending and to the knowledge of the accused, the said Jose Emidio Rodrigues
was so charged, the said accused did on or around the months of November
2014-January 2015 and at Mbabane, Unlawfully and with the intent to defeat or
obstruct the course of justice, request the Director of Public Prosecutions to
drop the charges against the said Jose Emidio Rodrigues and turn him into a
state witness and whereas when the said accused made the said request, he
purportedly made it on behalf of Rodrigues, when in fact he had not been so
instructed as aforesaid but was on his own unlawful mission. In the premises
the said accused did commit the crime of attempting to defeat or obstruct the
course of justice.
See also
‘SWAZI EX-JUSTICE MINISTER TOOK BRIBE’
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