Africa-Press – Eswatini. The Supreme Court of Eswatini has dismissed an appeal that had been filed by incarcerated businessman Sipho Shongwe against his extradition to the Republic of South Africa.
The Supreme Court yesterday morning handed down its judgment in the appeal that was heard on August 15th, 2022 before Judges Jacobus Annandale, Stanley Maphalala and Sabelo Matsebula.
This effectively means that Shongwe could be extradited to South Africa should he be acquitted or the State could wait until his discharge from prison, if so sentenced.
Handing down judgment was Judge Annandale who observed that in its assessment of the appeal before the High Court, the judge considered the totality of evidence adduced to find the same was done in the Extradition Court and also considered very similar grounds of appeal, which were argued before him as now before the Supreme Court.
“I respectfully agree with his assessment and that in all, the case of the requesting state, as presented by the Crown, overwhelmingly renders support for the granting of the extradition request.
It is with anxious consideration of the merits of this appeal and due to the reasons as stated that I cannot come to any other conclusion other than that it stands to be dismissed. In the event it is ordered that the appeal is dismissed, no order is made as to costs,” Judge Annandale said with both judges agreeing.
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The court noted that after his arrest in connection with the murder of businessman and football administrator, Victor Gamedze, Shongwe was brought before a court of committal where he was declared to be extradited, pending the conclusion of his ongoing criminal trial before the High Court.
The Supreme Court further noted that if acquitted, the minister may then authorise his extradition to the requesting state, otherwise to wait until his discharge from prison, if so sentenced.
Dissatisfied with the judgment of the court of committal at the magistrate’s level, Shongwe appealed to the High Court where Judge Mazwi Mavuso dismissed the appeal and the Supreme Court observed that similar or comparable points of law had been placed before court for consideration of the appeal against the dismissal of the High Court appeal by a single judge.
The court stated that it was common cause that a warrant under statutory provisions of the extradition had already been issued and the question on Shongwe’s mind was just how the warrant was to be effected.
Shongwe’s legal representative Advocate Twain Ngwenya had argued that a certain section in the statutory provision does not provide that Shongwe be arrested and sent back to Barberton prison in South Africa.
In his appeal application at the Supreme Court, Shongwe had raised eight grounds of appeal and among them was that the court a quo (High Court) misdirected itself in finding that his failure to testify rendered the State’s evidence acceptable and sufficient without qualification.
Another ground of appeal raised was that the court a quo misdirected itself in finding that the documents were authenticated through oral evidence and that the State did not lead such evidence at the hearing of the extradition application.
Further, that the court a quo misdirected itself in finding that he alleged without qualification that evidence presented by the State was hearsay evidence, which was incorrect because he attacked the evidence relating to parole and release of inmates and to that end, he submitted that only the Barberton Prison Case Management Committee, which was not called to testify, could testify in that regard.
The Crown was represented by Principal Crown Counsel Macebo Nxumalo in the appeal application.
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