THE HIGH COURT OF SWAZILAND
AT MBABANE CRIM. T. NO. 1/95
the matter between:
THE CROWN: L. NGARUA
DEFENCE: MR. A.G. MLAMBO
accused are charged with attempting to murder one Alpheus Sihlabela
on or about the 30th August, 1994. In count two, they are charged
with the robbery of Sihlabela on or about the 30th August, 1994. They
robbed him of a car SD 586 UH, one black wallet with a sum of E155.00
and a wrist watch.
has given evidence that on the night in question, he was giving a
lift to his friend to Msunduza. While he was speaking to his friend,
three boys came. One Dlamini boy told him to give them the keys of
his car. He refused with the keys. They then assaulted him. The
Dlamini Boy fired one shot at him but missed him.
the course of the assault, no. 1 stabbed him with a knife on the
neck. The assault continued and he was eventually put in the bakkie
of the car. He was kicked and all sorts of assaults were meted on
him. When his friend Louis Nyaka came, he was also assaulted. After
they put the complainants (that is Sihlabela and Nyaka) in the bakkie
of car, they fiddled with the car until the engine started. They
drove the car for a short distance. Then Nyaka kicked the door of the
canopy and they were able to get out and ran away. Sihlabela was
chased up to the house of one Timothy Hlatshwayo. He was helped by
Timothy Hlatshwayo who went out to see what was happening and the
assalians ran away. The police came and took Sihlabela to hospital.
He described the identity of his assalians to the police. Then the
the course of the investigation the police picked up no. 1 who was
then in custody for other offences. He was interrogated. He then led
the police to the home of accused no. 2. The police wanted the person
whom he was with when they assaulted Sihlabela. One of the items
which were taken from Sihlabela was a watch. Accused no. 1 later led
the police to Mafutseni where accused no. 1 asked Themba Ndzimandze
to give him the watch he gave him. The police wanted the watch which
he took from Sihlabela. Sihlabela in his evidence said the watch was
taken by no. 1. The watch was identified by Sihlabela in court, it
had a torn strap. The accused knew that the police wanted the watch
in question not any other watch.
the accused led evidence,cal though his evidence is bare denial. He
was identified by Sihlabela though he did not know him. He also
produced the watch which was taken from the robbery. He also showed
the police accused no. 2 who was present at the robbery. The identity
of Sihlabela and the production of the watch and the pointing of
accused no. 2 shows that accused no. 1 was present at the scene.
Accused no. 1 has been described by Sihlabela to the police I have no
hesitation in finding accused no. 1 guilty of the two counts.
no. 2 was identified by Sihlabela and he was able to describe him the
same night when he was assaulted. He knows him according to him for
five years but I think he knows him more than that. As a police who
has been in Manzini, Malkerns and Mbabane he says he knows even his
mother. I see no reason why he should pick on him when there are so
many people in Msunduza. Though the accused denies that he was there,
but I believe the evidence of Sihlabela. I also find accused no. 2
guilty of the two counts.