MAN JAILED 9 YEARS NO TRIAL, GETS BAIL

The man kept in a Swaziland jail for nine years awaiting trial has been released on bail.

Fana Shongwe who is charged with murder appeared at the Swaziland High Court on Thursday (26 April 2018) where Judge Mbutfo Mamba released him.

Shongwe’s case made international news. He had been arrested and charged in 2009 and was offered bail at E50,000 with E15,000 in cash with the rest as surety. He could not afford to pay.

His trial date has yet to be set.

Judge Mamba said, ‘Mr Shongwe, it is unfortunate that such happened to you, it should not have happened to anyone, it is not the law that failed you, but the people entrusted to execute the law failed you, you are going home today as you will be released,’ according to a report in the Swazi Observer on Friday (27 April 2018).

The newspaper reported, ‘Justice Minister Edgar Hillary expressed annoyance in the manner Shongwe’s matter has been handled. He assured that something was being done to correct the problem.’

At least 133 people in Swaziland have waited more than a year in jail without coming to trial, according to Swaziland’s Human Rights Commission.

A report just published by the US State Department into human rights issues in Swaziland for 2017 stated, ‘Lengthy pretrial detention was common. Judicial inefficiency and staff shortages contributed to the problem, as did the police practice of prolonging detention to collect evidence and prevent detainees from influencing witnesses if released. There were instances in which the length of detention equalled or exceeded the sentence for the alleged crime.’

See also

MAN 9 YEARS IN JAIL WITHOUT TRIAL

http://swazimedia.blogspot.co.uk/2018/04/man-9-years-in-jail-without-trail.html

 

133 JAILED WITHOUT TRIAL FOR A YEAR

https://swazimedia.blogspot.co.uk/2018/01/133-jailed-without-trial-for-year.html

MAN 9 YEARS IN JAIL WITHOUT TRIAL

A murder suspect in Swaziland, who has been in jail for the past nine years without being tried, has filed an urgent application at the High Court to be released.

He had been granted bail in 2009 but could not afford to pay it.

Fana Shongwe from Ndlalambi in the Hhohho region was arrested in September 2009 and charged with murder and arson. He is currently kept at the Sidvwashini Correctional facility.

His case has similarities to that of Sikhumbuzo Mdluli, of Ngwazini in the Manzini region who was arrested and charged with murder in March 2008 and is also reportedly at Sidvwashini awaiting trial.

The Swazi Observer reported on Wednesday (25 April 2018) that Shongwe wanted the High Court to order his release. It reported that in 2009 he was granted bail by the High Court fixed at E50,000 (US$4,070) and was ordered to pay E15,000 cash with the rest being in form of a surety.

It quoted him saying, ‘I was not able to pay the bail as I could not afford and as such I have been in custody from the date of arrest to the date of the present application.’

His lawyer submitted that Shongwe’s incarceration without trial violated the Swaziland Constitution.

Shongwe’s case is similar to that of Sikhumbuzo Mdluli, of Ngwazini in the Manzini region. It was reported in January 2018 that he had been arrested and charged with murder in March 2008 but had not been sent for trial. He has asked the High Court of Swaziland to intervene.

The pair are not the only people jailed for lengthy periods in Swaziland awaiting trial. In December 2017 Swaziland’s Human Rights Commission reported at least 133 people had been detained in Swaziland jails without trial for more than a year, Executive Secretary of the Human Rights Commission Linda Nxumalo told the Sunday Observer at the time,  ‘One of the key cases that the Commission has worked on [in 2017] was one dealing with the issue of access to justice especially for 133 inmates that have been detained for longer than 12 months without trial or sentencing at our already overcrowded correctional facilities.’ 

A report just published by the US State Department into human rights issues in Swaziland for 2017 stated, ‘Lengthy pretrial detention was common. Judicial inefficiency and staff shortages contributed to the problem, as did the police practice of prolonging detention to collect evidence and prevent detainees from influencing witnesses if released. There were instances in which the length of detention equalled or exceeded the sentence for the alleged crime.’

See also

133 JAILED WITHOUT TRIAL FOR A YEAR

https://swazimedia.blogspot.co.uk/2018/01/133-jailed-without-trial-for-year.html