• #111 (no title)
  • About Us
  • Contact Us
  • COVID-19 Coronavirus Global Data
  • Home 3
  • Job Dashboard
  • Jobs
  • Log In
  • Post a Job
  • Privacy Policy
  • Privacy Policy
  • Reset Password
  • Sign Up
  • Tenders
  • test
Tuesday, December 5, 2023
Independent News
  • Home
  • COVID-19
    • COVID-19 Global Data
  • News
    • Local
    • South Africa
    • Africa
    • World
  • Business
    • Economy
    • Markets
    • Finance
    • Businesses
    • World Economy
  • Technology
  • Travel
    • Travel News
    • Hotels
    • Domestic Tourism
    • Health
    • Home and Garden
    • Motoring
    • Travel Tips
  • Entertainment
    • Local
    • Upcoming Events
    • International
    • Celebrity News
    • What’s On
    • Music
    • Movies
  • Tenders
  • Sports
    • Local Sports
    • Legend Corner
    • International Sports
    • Soccer
    • Rugby
    • Cricket
    • Tennis
    • Boxing
    • Cycling
    • Golf
No Result
View All Result
  • Home
  • COVID-19
    • COVID-19 Global Data
  • News
    • Local
    • South Africa
    • Africa
    • World
  • Business
    • Economy
    • Markets
    • Finance
    • Businesses
    • World Economy
  • Technology
  • Travel
    • Travel News
    • Hotels
    • Domestic Tourism
    • Health
    • Home and Garden
    • Motoring
    • Travel Tips
  • Entertainment
    • Local
    • Upcoming Events
    • International
    • Celebrity News
    • What’s On
    • Music
    • Movies
  • Tenders
  • Sports
    • Local Sports
    • Legend Corner
    • International Sports
    • Soccer
    • Rugby
    • Cricket
    • Tennis
    • Boxing
    • Cycling
    • Golf
No Result
View All Result
Independent News
No Result
View All Result
Home News Local

Magistrate Sifiso Vilakati recuses himself from MP Bacede’s case

Vusi Ndlangamandla by Vusi Ndlangamandla
January 26, 2021
in Local, News
4 min read
0
Magistrate Sifiso Vilakati recuses himself from MP Bacede’s case

Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza inside the court room (File Pic)

Mbabane:  Mbabane Senior Magistrate Sifiso Vilakati has recused himself from the case of Hosea Member of Parliament Bacede Mabuza following the public prosecutor’s application for the senior magistrate to do so, following the listening of an audio recording proving the assault of the legislator by the police.

The public prosecutor said listening to the audio proved procedural irregularity and biasness which would lead to the unfair trial of the legislator.

A recusal application is an application calling for the judicial officer presiding over the case to disqualify himself from involvement in the case on the ground that he or she is biased. A recusal application can be based on either actual bias or apparent bias.  

It is generally a matter of whether the judicial officer might not bring an open mind to the resolution of the question that he or she is required to decide. The said audio was played in the absence of a certificate authentication same in terms of the Electronic Evidence Regulations.

MP Mabuza faces eight counts including the alleged advising of one Siboniso Simelane not to allow police officers, led by Senior Superintendent Clement Sihlongonyane not to enter into certain bedsitters or premises belonging to Sifiso Mabuza at Mvutjini in Ezulwini.

Section 5 of the Electronic Records (Evidence) Act 2009 states that; ‘a person seeking to admit an electronic record in any legit proceedings as evidence has a burden of proving its authenticity by evidence capable of supporting a finding that the electronic records is that which that person purports it to be. Section 6 (2) states that the electronic record tendered in evidence for any purpose, such record shall be admissible if it is relevant and it is produced in an approved process.

Audio

The legislator’s attorney, Mduduzi ‘Tsotsi’ Mabila together with applicants approached Magistrate Vilakati in chambers wherein Mabila informed all present that he had in possession an audio depicting that during the arrest of the legislator he was assaulted by the police and it (audio) was eventually played from the cellphone in the possession of Mabila despite an objection by the public prosecutor that a proper procedure was to be followed before it could be listened to.

The public prosecutor premised its application on two (2) grounds being that Magistrate Vilakati acted unfairly and unsupported by law in allowing the application by the defence to play the audio recording in chambers purporting to be the legislator’s defence prior to him pleading to the charges. The applicant contended that listening to the audio before commencement of the trial created a reasonable apprehension of bias and that to the eyes of a reasonable person it created an impression that the magistrate would not bring an open mind in the trial of the legislator.

Secondly, the applicant contended that the objections Vilakati upheld in favour of Mabuza were detrimental to the crown’s case as they sought to prove the guilt of Mabuza.

Magistrate Vilakati stated that the respondents were opposed to the application on the basis that in an application for recusal the court had to determine whether a party can seek to deal with an issue that was not raised in chambers and also whether an error in law constitutes ground for recusal.

The magistrate further stated that the respondents argued that the test for recusal is actual bias or reasonable apprehension of bias, contending that there was nothing wrong with the court listening to the audio and that the applicants had not objected to the application by the defence. The issue of the audio was not raised in chambers when the application for the magistrate’s recusal was initially intimated. The magistrate further contended that if indeed the listening of the audio was an error in law on his part then the applicant ought to have waited until the conclusion of the trial and thereafter lodged an appeal.

In this case, the authenticity of the audio recording was not established prior to the listening and neither was the approved process.

Defence attorney, Advocate Mabila stated that upholding or dismissing of objections is not a factual issue but a legal one and that an ordinary man in the street cannot be in a position to know about such legal process. “A reasonable person on the street can only reasonably apprehend biasness on factual issue,” said Mabila, arguing that in a trial upholding or dismissing objection was a norm and there was nothing peculiar in that.

Approving the application to recuse himself Magistrate Vilakati said as a judicial officer he must be impartial, open minded and uninformed adjudicator in the sense that he takes cognizance of only facts about the case which are proven in court in the usual way.

“It is my duty as a judicial officer to hear every case that comes before me and to apply the law impartially without fear, favour or prejudice, and therefore in the interest of justice and fairness I will accordingly recuse myself from this matter,” concluded the magistrate.

Share17Tweet11Share4
ADVERTISEMENT
Previous Post

NDMA to distribute food parcels to affected households

Next Post

Eswatini’s death toll hits 500 mark

Vusi Ndlangamandla

Vusi Ndlangamandla

Related Posts

PM sworn -In as Head of government
Community News

MPs’ over E3 million bounty!

December 4, 2023
Phila Ntimane new Rangers marketing Head
Local Sports

Phila Ntimane new Rangers marketing Head

November 24, 2023
The 2022 ICT Access and Use Survey Report has been Launched
Business

The 2022 ICT Access and Use Survey Report has been Launched

November 23, 2023
Next Post
COVID-19: Eswatini records two (2) new deaths, confirmed cases shoot up to 909

Eswatini’s death toll hits 500 mark

Discussion about this post

ADVERTISEMENT
  • Trending
  • Comments
  • Latest
PM sworn -In as Head of government

MPs’ over E3 million bounty!

December 4, 2023
Federick Mngomezulu

350 premier league stars in Covid-19 risk

April 3, 2020
African Alliance opens 1st West Pack Lifestyle store at Malkerns Square

African Alliance opens 1st West Pack Lifestyle store at Malkerns Square

November 20, 2020
Expect series of domestic tourism campaigns this September – Minister

BUDGET 2021: Tourism gets 80.4 million

March 3, 2021
PM sworn -In as Head of government

MPs’ over E3 million bounty!

December 4, 2023
Phila Ntimane new Rangers marketing Head

Phila Ntimane new Rangers marketing Head

November 24, 2023
The 2022 ICT Access and Use Survey Report has been Launched

The 2022 ICT Access and Use Survey Report has been Launched

November 23, 2023
Minister of Commerce introduces Investors

Minister of Commerce introduces Investors

November 22, 2023
ADVERTISEMENT

PressReleases

Inside Ecsponent: How E340m was squandered
Press Releases

ESCPONENT SAGA: Dave Van Niekerk warns MHMK Group on concerted effort to defame him

August 28, 2023

It has come to my attention that there is a concerted effort to malign, discredit and defame my name by...

Read more
Jehovah’s Witnesses ‘pursuing peace’ amid rising global tensions

Jehovah’s Witnesses ‘pursuing peace’ amid rising global tensions

August 10, 2022
New Scenarios on Global Food Security based on Russia-Ukraine Conflict

New Scenarios on Global Food Security based on Russia-Ukraine Conflict

March 21, 2022
MTN donates US$25 million to the African Union’s COVID-19 vaccination programme

AFRICA BRAND AWARDS: MTN named most helpful private sector brand during the pandemic

May 28, 2021

Stay Connected test

  • 13.6k Fans
  • 5.1k Subscribers

Recent News

PM sworn -In as Head of government

MPs’ over E3 million bounty!

December 4, 2023
Phila Ntimane new Rangers marketing Head

Phila Ntimane new Rangers marketing Head

November 24, 2023
The 2022 ICT Access and Use Survey Report has been Launched

The 2022 ICT Access and Use Survey Report has been Launched

November 23, 2023
Minister of Commerce introduces Investors

Minister of Commerce introduces Investors

November 22, 2023


ADVERTISEMENT
Independent News

Independent News Eswatini is a registered private media house in Eswatini established in 2007 and is based in Mbabane. We are the fastest growing weekly news publication in Eswatini that seeks to publish, investigative stories that give insight and play the watchdog media role in government politics, uncovering corruption, giving business insights, technology and economic outlook in Eswatini.

Follow Us

Browse by Category

Recent News

PM sworn -In as Head of government

MPs’ over E3 million bounty!

December 4, 2023
Phila Ntimane new Rangers marketing Head

Phila Ntimane new Rangers marketing Head

November 24, 2023
The 2022 ICT Access and Use Survey Report has been Launched

The 2022 ICT Access and Use Survey Report has been Launched

November 23, 2023
  • About Us
  • Advertise
  • Privacy Policy
  • Contact Us

© 2020 Independent News - All Rights Reserved

No Result
View All Result
  • Home
  • COVID-19
    • COVID-19 Global Data
  • News
    • Local
    • South Africa
    • Africa
    • World
  • Business
    • Economy
    • Markets
    • Finance
    • Businesses
    • World Economy
  • Technology
  • Travel
    • Travel News
    • Hotels
    • Domestic Tourism
    • Health
    • Home and Garden
    • Motoring
    • Travel Tips
  • Entertainment
    • Local
    • Upcoming Events
    • International
    • Celebrity News
    • What’s On
    • Music
    • Movies
  • Tenders
  • Sports
    • Local Sports
    • Legend Corner
    • International Sports
    • Soccer
    • Rugby
    • Cricket
    • Tennis
    • Boxing
    • Cycling
    • Golf

© 2020 Independent News - All Rights Reserved

Login to your account below

Forgotten Password? Sign Up

Fill the forms bellow to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In