IN THE HIGH COURT OF SWAZILAND
HELD AT MBABANE Criminal Case No. 3 62/2007
MPENDULO HLATSHWAKO ZWELINKAMBULE
Vs
REX
Coram S.B. MAPHALALA - J
For the Applicants IN PERSON
For the Respondent MR. S. FAKUDZE
JUDGMENT 19th March 2008
[1] The matter appeared before me on the 19 November 2007, where Counsel for the Applicants stated that there was no opposition as regards the 2nd Applicant and therefore he should be granted bail forthwith.
[2] According to the 2" Applicant in his Founding affidavit he is a 17 year old Swazi male of Matsapha in the District of Manzini. On or about the 11th September 2007, while at Matsapha he was arrested by police officers based at Matsapha on a charge of murder. He is in custody since. He is charged with 1st Applicant. He states that he has a bona fide defence to the charge in that he had no intention to kill but was only acting on self-defence. He will plead not guilty at trial. At the time of his arrest he was employed as a kombi conductor and earned the sum of E750-00. He is unmarried and has no children.
[3] He has stated in paragraph 9 thereof that should he be released on bail he shall not abscond nor interfere with the due process of the law. Should he be released on bail he shall reside at Emathangeni area and the nearest police station thereto is Matsapha Police Station.
[4] In view of the fact that the application for bail by the 2nd Applicant is not opposed
by the Crown I am duty bound to grant the Applicant bail in accordance with the
provisions of the amended section of the Criminal Procedure and Evidence Act. I rule
that the parties enter into the normal Recognizance in bail applications to be endorsed by
the court.
SB MAPHALALA
JUDGE