By Delisa Thwala
A 22-year-old woman from Elangeni arrested and accused of an arson attack was granted bail fixed at E6 000.
Lindiwe Sithandiwe Msibi is facing three counts she allegedly committed on August 27, 2023, near Dlangeni in the Hhohho Region.
During her appearance before Magistrate Innocent Motsa on Friday, her right to legal representation was explained to her by the Crown and she elected to conduct her own defence.
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In count one, the accused was charged with the offence of contravening Section 77(1) (a) of the Sexual Offences and Domestic Violence Act No.15, 2018, after setting alight her supposed boyfriend Mlandvo Dlamini’s house, while he was asleep with intent to injure him.
The accused also set alight and damaged Mathendele Dlamini’s items worth E49 655, as contained in three cases of attempted murder which were committed in Matsapha.
The 35-year-old was also charged in connection with a murder case involving a man aged 32 of the second count.
In the final count, Msibi contravened Section 77(1) (h) of the Act by damaging Mlandvo’s iPhone 7 worth E3 000. The Crown asked the court to have the accused person remanded in custody until May 10, 2024, but her bail application was not opposed.
She is expected to appear before Mbabane Principal Magistrate Fikile Nhlabatsi for setting a trial date on June 13, 2024.
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When motivating her bail application, Msibi informed the court that she would comply with the court’s conditions.
“My parent is a sickly person and needs my full attention for her to recover as soon as possible,” she said. She further told the court that she was a liSwati and was therefore not going to evade trial.
When granted bail, the magistrate told her not to commit a similar offence while out on bail, not to interfere with the witness and to always appear in court on the day the trial commences until its completion
In thr same court a 28-year-old Congolese man was arrested for allegedly raping a woman, aged 20.
Bonheur Kwabene Katungu residing at Fonteyn, Mbabane is suspected of having had sexual intercourse with the said woman, without the use of protection, exposing her to sexually transmitted infections (STIs).
The rape incident is said to have happened on April 27,2024. Details of the circumstances of the rape ordeal are expected to emerge during the trial.
Katungu was formally charged under the Sexual Offences and Domestic Violence (SODV) Act No.15, 2018. As contained in the charge sheet, the accused is alleged to have contravened Section 3(1) (2), 3(3) (a) as read with Section 3(9) (c) of the SODVAct, by having sexual intercourse with the complainant.
When appearing before Magistrate Motsa, his right to legal representation was explained to him by the Crown and he elected to conduct his defence.
The charge sheet also states that the offence is accompanied by aggravating factors as stated in Section 3 (9) (b) of the SODV Act in that: The accused person did not use a condom during the commission of the offence, thus exposing the victim to the risk of contracting STIs and HIV/AIDS.
The Crown then moved an application to have the accused person remanded in custody until May 10, 2024, pending committal to the High Court.
Furthermore, the Crown moved an application before the court to have blood specimens taken from the rape suspect for further investigation which was later granted by the magistrate.
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This was done in terms of Section 342 (1) (20) bis of the Criminal Procedure and Evidence Act of 1938.
The order states that the accused persons are expected to comply with the entire process of the production of blood specimens without any reasonable excuse.
It also states that failure to comply would result in him facing prosecution in terms of section (6) of the above-cited Act.
The Act also states in case he was convicted of failure to comply with an order compelling the production of blood specimens.
He would be liable to a fine not exceeding E400 or in default of payments thereof imprisonment not exceeding twelve months or face both.
The accused never objected to the Crown’s applications for the taking of blood specimens. He was then informed to move his bail at the High Court if he intended to do so.
