By Bahle Gama
High Court Judge Sabelo Masuku denied murder suspect Deputy Sheriff Vusi Charles Mncina’s bail application.
Mncina faces four counts of murder and one for attempted murder after he allegedly shot and killed Nonhlanhla Thwala on the right breast and left side of the back on October 28, 2023, at Goje Township.
He also shot and killed Lungile Shongwe on the lower side of the stomach and right side of the chest above the breast, Fikile Shongwe on the right breast and arm, and Khulile Shongwe by shooting her on the right cheek under the eye.
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For the attempted murder charge, he allegedly shot Thuli Mkhwanazi in the chest and almost killed her.
Mncina made his maiden court appearance at Lobamba Circuit court before Magistrate Temantimandze Shongwe,
wherein the Crown moved an application to have a blood specimen taken from him for the purpose of further investigations in terms of Section 324 bis (1) of the Criminal Procedure and Evidence (CP&E) Act of 1938.
Mncina later moved a bail application to be released conditionally or with reasonable condition at the High Court which the Crown opposed.
In his heads of argument, Mncina told the court that his bail application was predicated on Section 16 (7) of the Constitution which states that if a person is arrested or detained without prejudice to any further proceedings that may be brought against that person,
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they shall be released either unconditionally or with reasonable conditions.
He said it was clear that the Constitution, in mandatory language commands the court to release an accused person who is detained pursuant to being suspected of having committed an offense or is about to commit one.
He said the offence referred to in the section includes one listed in the fifth schedule as the one he is charged with.
He argued that the Section served one function, to emphasise the presumption of innocence, adding that the legislature did not subject it to any other law.
He pointed out that crucially, his bail application was opposed mainly on the basis that he had failed to adduce evidence of the existence of exceptional circumstances as required by Section 96 (12) (a) of the CP and E Act.
He told the court that he suffers from gout arthritis and ulcers having been worsened by high-stress levels “due to the regrettable fact that human life was lost in such a manner.”
The Crown responded that Mncina’s ailments which he alleged to be suffering from are common ailments that the Correctional Services, with its in-house medical care, can cater for.
He further stated that the grounds of opposition by the Crown could not be sustained, adding that he has eight children and a wife who are solely dependent on him.
In its opposing affidavit, the Crown said this was not an exceptional circumstance, adding that Parliament enacted Section 96 of the CP &E to deter and control violent crimes and limit the right of an accused person to bail in the interest of justice.
The crown also told the court that Mncina is facing numerous charges which may induce him to flee because of the stiffer sentence that might be imposed by the court, “as there is overwhelming evidence that the applicant committed the offences he is charged with.
Murder on conviction attracts more than 20 years.”
Judge Sabelo said the bail was denied based on the reasons given by the Crown which according to the court are valid hence the order to deny his application for bail.
