MBABANE – The 40-year old teacher serving a five-year jail term without an option of a fine for kissing a 13-year old pupil in school, has filed for bail pending appeal.
Samukeliso Dvuba, appeared before the Mbabane Principal Magistrate Fikile Nhlabatsi, for the bail application, 16 days later after she sentenced him.
Dvuba through his attorney, Sivesonkhe Ngwenya, is expected to file an application to have Nhlabatsi’s sentencing of May 26 reviewed by the High Court of Eswatini.
During the court proceedings, Ngwenya defended his client stating that he does not pose a flight risk.
He emphasized Dvuba’s strong ties to Eswatini, especially since he is a public school teacher and a father.
“He’s a firmly rooted man in Eswatini and he doesn’t have relatives outside the country,” Ngwenya said, asserting that he had “more to lose if he does” evade or elope.
He also contended that if Dvuba were to abscond, he “won’t be able to make means of living outside the country.”
A significant part of Ngwenya’s arguments focused on Dvuba’s family responsibilities, informing the court that his client has two minor children that are dependent on him.
“He is the sole provider and the only employed parent,” Ngwenya said.
Ngwenya also challenged the severity of the sentence, describing it as “harsh and shocking.”
He pointed out that the court record indicated Dvuba was a first-time offender with no previous convictions.
In support of his argument, he cited the case of Philile and another against the Senior Magistrate in Nhlangano (case number 4345/2007), where a judge ruled that first-time offenders should ideally be given opportunities to pay a fine rather than a straight custodial sentence.
Ngwenya referred to this as a “solitary rule aimed at giving first-time offenders a chance to abscond jail contamination.”
Furthermore, Ngwenya expressed confidence in the appeal’s prospects, stating his belief that there are prospects of success in the appeal. He reminded the court that prior to his conviction, Dvuba had been out on bail and had “fully abided by the bail conditions,” attending all court dates.
This, Ngwenya argued, provided no reason to believe his client would evade the country if granted bail again. However, the Crown opposed the bail application.
The prosecutor argued that overwhelming evidence had led to Dvuba’s conviction, noting that “both witnesses testified that he kissed the pupil.” The Crown maintained that the five-year custodial sentence was “appropriate as per the statutes.”
While agreeing that Dvuba was a first-time offender, the Crown underscored the gravity of the offense, given his position as a teacher who was entrusted with the welfare of children. The Crown expressed its belief that bail would not be granted, and the point regarding evading the country was “overruled by the point of whether or not there are chances of being granted bail.”
Principal Magistrate Nhlabatsi reserved her judgment on the bail application, instructing them to come back on July 2 for her judgement.
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