Mbabane – A 24-year-old man who wants to return to school and become a mechanical engineer and his 26-year-old co-accused, who supports a five-year-old child, have approached the High Court for bail, saying their continued detention could keep them behind bars for more than a year before their trial.
Sandziso Michiel Zwane of Kaphunga in the Shiselweni Region and Ciniso Siwakhile Mathunjwa of New Thulwane in the Manzini Region are facing a combined 12 counts under the Computer Crime and Cybercrime Act No. 6 of 2022 and the Money Laundering and Financing of Terrorism (Prevention) Act of 2011.
The two were arrested by members of the Royal Eswatini Police based at Manzini Police Station in August 2026.
According to Zwane’s founding affidavit, the pair’s last remand was on September 3, 2026, when the matter was postponed for trial to September 17, 2027.
This means the applicants could remain in custody for more than a year before their trial resumes.
Zwane argues that the delay is linked to a backlog of criminal cases at the Manzini Magistrates Court and says their continued incarceration is affecting their lives.
For Zwane, one of the consequences is the interruption of his education.
The 24-year-old says he completed his high school education at KalaMdlala Secondary School but obtained credits in only three subjects Mathematics, Physics and Information Technology.
He says he wants to return to school to obtain additional credits, particularly in English and Chemistry, before pursuing mechanical engineering.
According to his affidavit, his continued incarceration has prevented him from pursuing that plan.
Zwane says he was born in Eswatini on June 30, 2002, has lived in the country all his life and remains dependent on his biological mother for his livelihood.
He also states that he has no children and has no previous convictions or pending criminal matters apart from the current case.
He maintains that there is no likelihood that he would evade trial if released on bail, saying he has strong emotional, family, community and occupational ties in Eswatini.
He further argues that he would not interfere with witnesses, destroy evidence, commit further offences or undermine the criminal justice system if released.
Mathunjwa’s circumstances are centred on his five-year-old child.
The court papers state that the child is heavily dependent on the 26-year-old for livelihood and that his continued incarceration is detrimental to the child’s development and general upkeep.
The applicants argue that the child’s best interests require Mathunjwa to be present to provide for the child’s basic necessities.
Mathunjwa reportedly stopped his education at Form 3 because of financial constraints.
Before his arrest, he was allegedly surviving through piece jobs in the informal sector, doing general home repairs, maintenance and small remodelling projects for customers in order to support his child.
The affidavit states that his mother is also employed in the informal sector and that they live from hand to mouth.
Mathunjwa is further described in the court papers as being deeply rooted in the country, with strong family and community ties.
The applicants emphasise that they are presumed innocent until proven guilty and that the bail application is not concerned with determining whether they committed the alleged offences, as that question will be decided at trial.
The charges against them involve alleged cellphone and bank-related scams.
According to the charge sheet, Counts 1 and 2 concern an alleged E2,300 loss suffered by Thulani Chirwa in Manzini on July 29, 2026.
The prosecution alleges that the two accused, acting individually or jointly, caused the loss after Chirwa was allegedly told that her cellphone number had been hacked and that she should enter certain USSD codes on her cellphone and provide codes received through her phone messages.
Count 2 alleges that the E2,300 was subsequently used while the accused knew or had reason to believe that the money had been obtained through the commission of an offence.
Counts 3 and 4 relate to an alleged E4,300 loss suffered by Pheneas Boy Zwane in Nhlangano on May 19, 2026.
The charge sheet alleges that the accused told the complainant that his number was involved in a crime and that people were using it to scam others. He was allegedly instructed to enter USSD codes on his cellphone and provide codes from his phone messages.
The prosecution again alleges that the E4,300 was later used while the accused knew or had reason to believe that it had been obtained through an offence.
The remaining charges are against Zwane alone.
Counts 5 and 6 relate to an alleged E933 loss suffered by Musa Dlamini in Manzini on May 25, 2026.
According to the charge sheet, Dlamini was allegedly told that his number had been used to scam people and was instructed to enter certain USSD codes on his cellphone and provide codes from his phone messages.
Counts 7 and 8 concern an alleged E32,966 loss suffered by Phille Magagula at Siteki on July 27, 2026.
The prosecution alleges that Magagula was told that her account had been hacked and that Zwane wanted to protect money in the account. She was allegedly instructed to enter certain USSD codes and provide OTPs.
Counts 9 and 10 relate to an alleged E14,900 loss suffered by Prutus Simatende at Lobamba on July 20, 2026.
The charge sheet alleges that Simatende was told that his account had been hacked and that his money needed to be protected. He was allegedly instructed to enter USSD codes and provide OTPs.
The final two counts relate to an alleged E10,392 loss suffered by Mucy Dlamini in Mbabane on July 21, 2026.
The prosecution alleges that Dlamini was told that people had been arrested and that information had been found linking her to fraud involving her FNB account. She was allegedly instructed to enter certain USSD codes and provide OTPs.
The corresponding money-laundering counts in each case allege that Zwane, or Zwane and Mathunjwa where applicable, unlawfully used money amounting to the respective losses after allegedly knowing or having reason to believe that it had been obtained through the commission of an offence.
Across the 12 counts, the alleged financial losses total E66,791.
Zwane’s attorney, Thabo Hlanze, has certified the bail application as urgent.
In the certificate of urgency, Hlanze states that he has read the founding affidavit and notice of motion and considers the matter urgent because bail applications concern an accused person’s constitutional rights to personal liberty and freedom of movement.
He argues that the applicants should not be deprived of those rights for longer than is reasonably necessary.
The Crown, represented by the Director of Public Prosecutions, Nompu Melelo Msibi, has filed a notice of intention to oppose the bail application.
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