By Nozipho Sibiya | 2018-12-19

It never rains but pours for murder accused Sipho Shongwe.

Yesterday, Principal Magistrate David Khumalo dismissed application to set aside the extradition case for Shongwe.

Magistrate Khumalo, who is handling the extradition case, made it clear that the court would continue dealing with the extradition process despite the High Court having released Shongwe on bail for his murder case.

He said he clearly understood that the contexts or reasons on why the suspect should be released on bail were the same, it did not mean the cases were similar. Shongwe stands accused of killing football and business mogul Victor Gamedze.

The principal magistrate stated that the cases were totally different, thus they would be treated differently. He said the High Court had no power or jurisdiction to force the magistrate court to set aside the extradition case.

Argued

“The fact that the High Court has granted the suspect bail does not mean that it will be the same even here at the Magistrate’s Court following that the cases are different,” he explained.

 He further elaborated that prosecutors had argued that the High Court had no right to dispose of the extradition case.  He said if the High Court could do that, it would mean it had gone beyond its jurisdiction or scope of work.

The principal magistrate continued to explain to the suspect that matters heard in the High Court and matters heard in the Magistrate Courts were different. He also reminded Shongwe that the case would continue despite that his lawyers felt that his freedom was justified since the High Court had released him on bail for murder charges.

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