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GOVT HAS FAILED TO PRESENT CREDIBLE EVIDENCE IN SNAT MATTER – LAWYER

By Phumelele Mtsetfwa | 2025-03-05

LAWYER Bonginkhosi Xaba has alleged that the Crown has failed to present credible evidence in the matter of Swaziland National Association of Teachers (SNAT) President Mbongwa Dlamini and Mxolisi Ngcamphalala.
Xaba made an application in terms of Section 174 (4) of the Criminal Procedure and Evidence Act No. 66/1938 as amended.
Dlamini and Ngcaphalala were charged, with contravening Section 11 (1) (a) and (c) as read together with Section 11 (2) (b) of the Public Order Act No. 17/1963, it was alleged that on February 3, 2016, the accused, acting jointly and in furtherance of a common purpose, wrongfully and unlawfully placed big stones on the road to the Cabinet offices.
According to the application filed by Xaba, when called to enter a plea on the charge, both accused persons pleaded not guilty.
The Crown paraded five witnesses in order to prove its case against the accused beyond any reasonable doubt but at the close of the crown's case the lawyer invoked Section 174(4) of the Criminal Procedure and Evidence Act No. 67/1938 as amended which states that; ‘If at the close of the case for the prosecution the court considers that there is no evidence that the accused committed the offence charged or any other offence of which he might be convicted thereon, it may acquit and discharge him.
“It was the defence's contention that after the close of the crown's case, there was no evidence that had been adduced by the five crown witnesses on the basis of which the court could convict the accused.
According to the application, the defence's position was premised on the reasons that the first three witnesses paraded by the Crown were all police, Inspector Mnakekeli Dlamini, Detective Sergeant Sitsebe and Sergeant Hendry Khumalo, who was the Station Commander at Mbabane Police Station at the time.According to the application, Mnakekeli told the court that the SNAT president was wearing a red t-shirt and white shorts on the day of the alleged offence while Sitsebe said the accused was wearing a white shirt and white short-trousers.
Allegedly
Mnakekeli allegedly told the court that Ngcamphalala was wearing a blue t-shirt yet Sitsebe told the court that the suspect was wearing a navy t-shirt and Khumalo said he was wearing a black shirt.
It was stated that Mnakekeli told the court that when the accused allegedly rolled the big stones to the public road, he was in the company of Sitsebe and Khumalo and were about 20-30 metres from the scene where the stones were rolled to the road.
However, Sitsebe told the court that when the accused rolled the big stone to the public road he was in the company of Mnakekeli and Khumalo and they were about 100 metres from the scene. The application stated that it was the lawyer’s contention that the crown failed to present credible and reliable evidence against the accused and there was no evidence upon which the court may rely on to convict the accused. The case is pending in the court.

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