A 36-year-old motor mechanic from Maliyaduma has approached the court seeking a reduction of his bail amount after being charged with theft by false pretences involving E37 000.
Mduduzi Mashaba had appeared before the Manzini Magistrate’s Court where he was charged with allegedly defrauding Amanda Simelane in connection with the sale of a motor vehicle.
According to the charge sheet, Mashaba allegedly obtained E37 000 from Simelane after falsely claiming that he was selling her a VW Golf 6 TSI bearing registration number WSD 491 AS. The charge sheet states that the accused allegedly misrepresented himself with intent to defraud the complainant.
Mashaba was granted bail at E15 000 with E3 000 paid in cash and the remaining E12 000 secured by surety. However, he later filed an urgent application seeking a reduction of the bail conditions arguing that the amount was excessive considering his financial circumstances.
In his affidavit, Mashaba told the court that he survived through piece jobs as a motor mechanic and was not permanently employed. He stated that his incarceration had severely affected his ability to earn a living and support his family.
He further informed the court that he had six dependants who relied on him for their daily needs, including three school-going children.
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“Schools have reopened and I have not yet paid school fees for this term,” read part of his affidavit.
Mashaba also claimed that his health had deteriorated while in custody. He said he suffered from asthma and heart problems, adding that sleeping on the floor had worsened his condition.
He denied stealing the vehicle and maintained that he intended to plead not guilty to the charge.
According to Mashaba, the vehicle had been brought to him by the owner and was involved in an accident while he was test-driving it.
He further alleged that after the accident, he and the complainant reached an agreement that he would provide another vehicle as compensation.
Mashaba told the court that the police failed to consider the agreement between him and the complainant before arresting him. He further stated that the replacement vehicle he had promised was almost complete.
Mashaba also submitted that he was a local citizen with no ties outside the country and was therefore unlikely to abscond. He stated that he had voluntarily surrendered himself to the police and had previously complied with bail conditions in another matter handled by Mbabane Police.
Mashaba further argued that continued incarceration would affect his ability to prepare for trial as he would not have regular contact with his attorney.
He maintained that he would comply with any bail conditions imposed by the court and asked the court to reduce the bail amount pending the finalisation of the matter.
