Mbabane – The Crown has opposed bail for Phillip Gabriel Mkhonta, who is facing six counts of rape and one count of robbery, arguing that his release could endanger the public and expose Crown witnesses to interference.
Mkhonta, 35, of Fonteyn, has been in custody at Sidvwashini Correctional Facility since his arrest on or around March 23, 2026.
In his bail application before the High Court, Mkhonta denied the charges. He denied that five of the alleged rape incidents occurred, while in relation to the sixth count, he admitted having sexual intercourse with the complainant but maintained that it was consensual.
He also denied the robbery allegation, in which he is accused of taking E40 from a woman after threatening her with a sharp object.
The Crown, through investigating officer Detective Constable Nokuthula Mkhwanazi, opposed the application, arguing that Mkhonta had failed to demonstrate exceptional circumstances required for bail in respect of offences listed under the Fifth Schedule.
According to the answering affidavit, police investigations began after reports of several alleged rape incidents around the outskirts of Mbabane in July 2025 and January 2026.
The Crown alleges that investigations linked Mkhonta to the complainants on the dates in question. It further states that the complainants were taken for medical examinations, with medical reports allegedly indicating recent penetration.
The Crown argued that releasing Mkhonta would pose a risk to public safety, citing the number of alleged offences and the fact that they allegedly occurred on different dates.
“The commission of multiple offences by the Applicant demonstrates a dangerous behavioral pattern rather than an isolated incident,” the investigating officer stated in the affidavit.
The Crown further opposed bail on the grounds that Mkhonta could evade trial or interfere with witnesses.
It argued that the seriousness of the charges and the possibility of lengthy imprisonment could create an incentive for him to abscond if released.
The Crown also alleged that Mkhonta could interfere with the complainants or other witnesses, arguing that such interference would prejudice the State’s case.
Mkhonta, however, told the court that he was not a flight risk, citing his marriage, family and previous employment in Eswatini.
He proposed several bail conditions, including reporting to a police station, surrendering travel documents, remaining at a disclosed address and refraining from contacting complainants or Crown witnesses.
He also asked the court to allow him to undergo psychiatric evaluation and treatment, claiming that he had experienced episodes of losing coherence and orientation while in custody.
Mkhonta further alleged that he had been assaulted by police officers while in custody and claimed that he was repeatedly beaten and suffocated in an attempt to force him to confess.
He said he intended to challenge the admissibility of any confession or admission allegedly obtained under those circumstances.
The Crown denied that Mkhonta had been assaulted by police, describing the allegations as an attempt to gain the court’s sympathy.
The investigating officer also said Mkhonta had not provided medical records supporting his claims of assault or illness.
The Crown further disputed Mkhonta’s claim that he required release for psychiatric treatment, stating that correctional facilities have medical personnel and can refer inmates for further assessment where necessary.
Mkhonta also cited his family circumstances, saying he is the breadwinner for his unemployed wife and their two minor children and that his mother is suffering from cancer and relies on him for medication and care.
The Crown argued that these personal circumstances did not outweigh what it described as the interests of justice and public safety.
The matter relates to alleged incidents in Mahwalala, Mdzangwini and the ECOT area. The charges include alleged unlawful sexual acts against women aged between 25 and 35, according to the charge sheet.
Mkhonta remains presumed innocent until proven guilty.
The High Court will determine whether he should be released on bail pending the finalisation of his criminal trial.
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