by Bahle Gama
A Good Shepherd lecturer and former Mangweni Clinic nurse have been arrested and charged with theft of E2.3 million.
Sthembile Gabsile Mhlanga (47) allegedly continued to withdraw a salary as an Eswatini Government employee after she had resigned from the clinic.
According to her charge sheet, Mhlanga allegedly withdrew the money for about 10 years, between July 2013 to January 2023.
She made her first court appearance before Magistrate Sifiso Vilakati at the Mbabane Magistrates Court on Thursday, and she was remanded back in custody pending a referral to the high court.
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The crown moved an application to have the matter referred to the High Court for committal, stating that the Magistrates Court does not have jurisdiction to preside over the matter.
Mhlanga’s attorney Jele said he was puzzled by the application made by the crown.
“This court has jurisdiction to entertain the matter. It is for that reason that we wish to move a bail application.
The charge is theft, and according to Section 102, this court has the jurisdiction to grant bail as it relates to the offence,” Jele said.
The crown responded that the Section cited by the defence counsel relates to matters within the court’s jurisdiction in terms of the amount allegedly stolen.
The crown said taking into consideration the provision of Section 321 (1) of the Criminal Procedure and Evidence Act in the event the accused is convicted of the offence; the crown’s hands would be tied with respect to claiming compensation.
This is based on the last part of the paragraph of the section which states that the amount to be awarded should not exceed the civil jurisdiction of such court.
“The crown is of the view that the High Court is the suitable court to entertain this matter, and this court is aware that its jurisdiction is statutory,” the crown said.
In judgement, Magistrate Vilakati said the provided section gives the court powers to order compensation, provided that the amount shall not exceed the civil jurisdiction of such court.
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“The Magistrates Court is a creature of statute, and the civil jurisdiction is E20,000. The arguments on this court’s jurisdiction to grant bail and preside over the theft and hundred other offences isn’t the case, the only issue is regarding the alleged stolen amount,” Vilakati said.
He further stated that the matter is referred to the High Court because the matter does not fall under offences listed in the fourth and fifth schedule.
Mhlanga was remanded back to custody until January 17, 2025, pending committal.