News / National
Chief Ndiweni finally applies for bail
23 Aug 2019 at 02:42hrs | Views
NTABAZINDUNA Chief Nhlanhlayamangwe Ndiweni, who was last week sentenced to an effective 18 months in jail for malicious damage to property belonging to his subject, has filed an application for bail at the High Court pending his appeal hearing at the same court.
The matter is yet to be set down for hearing.
In an application filed by his lawyer Dumisani Dube, Ndiweni submitted that the property which he is convicted of having damaged was worth $300 and US$30 at the time when the crime was committed and a custodial sentence was too harsh
on him.
"In sentencing the applicant the learned magistrate a quo indicated that the use of fire demonstrated the seriousness of the offence and was an aggravating factor as contemplated by Section 143 of the Criminal Law (Codification and Reform) Act when in fact evidence was never led by the State that any fire was used in the process of damaging the property of the complainant, which damage constituted only of uprooting of poles to the cattle pen and cutting down the dried hedge surrounding the homestead," the application read.
"This was a serious misdirection on the part of the court a quo which led to the error of imposing an effective custodial sentence on the applicant. There was neither factual nor legal basis to impose an effective custodial sentence on the applicant while granting his co-accused persons the option of community service."
Ndiweni added that he was a first offender, which the court should have also considered.
"Applicant submits that there is no risk of his absconding if granted bail and he is not a flight risk. He attended the criminal court trial for two years coming out of custody and he is well-respected and well-loved by the community and the wider nation at large," the application read.
In his draft order he prayed for the court to grant him $100 bail.
The matter is yet to be set down for hearing.
In an application filed by his lawyer Dumisani Dube, Ndiweni submitted that the property which he is convicted of having damaged was worth $300 and US$30 at the time when the crime was committed and a custodial sentence was too harsh
on him.
"In sentencing the applicant the learned magistrate a quo indicated that the use of fire demonstrated the seriousness of the offence and was an aggravating factor as contemplated by Section 143 of the Criminal Law (Codification and Reform) Act when in fact evidence was never led by the State that any fire was used in the process of damaging the property of the complainant, which damage constituted only of uprooting of poles to the cattle pen and cutting down the dried hedge surrounding the homestead," the application read.
"This was a serious misdirection on the part of the court a quo which led to the error of imposing an effective custodial sentence on the applicant. There was neither factual nor legal basis to impose an effective custodial sentence on the applicant while granting his co-accused persons the option of community service."
Ndiweni added that he was a first offender, which the court should have also considered.
"Applicant submits that there is no risk of his absconding if granted bail and he is not a flight risk. He attended the criminal court trial for two years coming out of custody and he is well-respected and well-loved by the community and the wider nation at large," the application read.
In his draft order he prayed for the court to grant him $100 bail.
Source - newsday
