Manzini Magistrate Justice Mzizi has ordered the full suspension of sentences for three drink-driving offenders, saying their extended detention was unlawful under Section 91(9) of the Road Traffic Act No. 6 of 2007.
The three accused persons, who appeared before the Manzini Magistrate’s Court yesterday, had each been sentenced to six months’ imprisonment with the option of a fine of E800. However, Magistrate Mzizi ruled that the sentences be wholly suspended for two years, on condition that they do not commit a similar offence within that period.
One of the accused, 46-year-old Quinton Du Preez of Maliyaduma, told the court he had spent three days in custody without receiving any food.
In delivering his ruling, Magistrate Mzizi questioned the legality of detaining suspects after the police had already secured key evidence through breathalyser tests. Referring to Section 91(9) of the Act, he stressed that once a breath specimen has been obtained, there was no justification for continued detention.
“Why should a drink-driving suspect be kept in custody for three days after obtaining a breath specimen? Detaining them under such circumstances is tantamount to sentencing them. If the police have effectively punished the accused, then what role remains for the court?” he asked.
He further argued that once sufficient evidence has been collected, the responsibility of law enforcers was to ensure that suspects were summoned to appear in court on a specified date, rather than being held in custody.
Describing the matter as an administrative lapse, Magistrate Mzizi directed traffic cops to address the issue, emphasising that the law on the matter was clear. He added that he would not be drawn into what he termed the “politics” surrounding the situation.
The other two accused whose sentences were suspended after spending time in custody were Zwelakhe Shabalala and Mpho Gift Mbhele.
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Meanwhile, according to Section 91(9) of the same Act provides that, a person shall provide a breath or blood specimen, as the case may be where a reasonable suspicion exists that such person is contravening this Section and shall not be detained for longer than the time necessary to obtain the specimen.
…Siteki magistrate questions detention of suspect for two days
BY WONDERBOY DLAMINI
Siteki
WHILE it is deemed normal to keep offenders behind bars without the knowledge of a judicial officer for more than two days, the court has reminded that such must be avoided.
Magistrate Zwelithini Magagula expressed concern after a suspect who was arrested for meting corporal punishment on his niece reported that he spent more than 48 hours in police custody before being brought before court.
Mcolisi Dlamini (45) faced a charge of contravening Section 77 of the Sexual Offences and Domestic Violence Act after he assaulted Noncwala Mlotsa with open hands and fists. Dlamini pleaded guilty to the charge.
Dlamini stated that he was arrested on Friday morning and was kept in police cells until Monday when he was eventually brought before the court.
He stated that he was hired by his neighbour to guard his homestead and look after his livestock as he stays at his workplace.
Dlamini said his stay at the police cells exposed the homestead to being broken into and livestock being stolen.
The magistrate stated that it was wrong for the police to keep suspects in the cells for longer periods while they were not even a flight risk. Magagula ordered the Crown to engage the police on the issue of keeping suspects in the cells for more than 48 hours.
