Pupil accused of rape gets E50 000 bail

A 22-year-old pupil facing rape charges has been granted E50 000 bail by the High Court after arguing that continued detention is affecting his education, health and livelihood.

The pupil who hails from Esibukweni in Mliba is expected to pay E5 000 cash while the remaining E45 000 will be surety.

He told the court that he is currently doing Form IV in one of the Lubombo region schools.

The pupil said he was arrested on May 6 after learning that the police had visited his school looking for him. He said his elder brother escorted him to Mliba Police Station where he was arrested. He subsequently appeared before the Manzini Magistrate’s Court on May 7 for a remand.

He was detained at the Zakhele Correctional Centre.

He told the court that no trial date had been set and claimed that he had been advised that criminal proceedings could take more than 24 months to start and conclude.

The accused submitted that prolonged detention would negatively affect his schooling because schools had recently reopened for the second term.

“I humbly submit that I am missing out on school since schools have just reopened for the second term, which is the longest and most important of all three terms as most of the learning content is covered during this term,” he stated.

The pupil informed the court that he hoped to improve his grades to enable him to enrol at the University of Eswatini (UNESWA) in the near future.

“I have a desire to obtain better grades that will enable me to enrol at UNESWA where I intend to study Humanities and become a teacher,” he submitted.

The pupil further argued that his continued incarceration would adversely affect his educational progress, future opportunities and overall wellbeing.

He also cited health concerns, telling the court that he suffered from chest complications and ulcers requiring ongoing treatment.

“My health status makes it difficult for me to endure prolonged detention and I humbly request that the honourable court considers my health circumstances when deciding on the bail application,” reads part of the affidavit.

The pupil also stated that he was involved in construction work and had another building project awaiting him.

“I humbly submit further that there is another building project that I am due to start on as soon as I finish the one I am currently working on.

“My continued incarceration is gravely affecting my work and source of livelihood,” he stated.

The accused maintained that he was not a flight risk and had strong family ties within the country and further undertook to attend all remand hearings and future court appearances if released on bail.

He assured the court that he would not interfere with Crown witnesses and would surrender any passport or travel documents in his possession.

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