SWAZILAND | Thursday
AN appeals court in Swaziland has ordered a retrial for a 22-year-old South African man sentenced to hang in February last year by the Swaziland High Court for a murder committed in the country.
Bongani Mkhwanazi was given the death penalty for killing Daniel Dlamini and attempting to murder Daniel Mabuza in southern Swaziland on March 3, 1997.
The court decided that a retrial was the only option for Mkhwanazi since Swazi police arrested him in South Africa without following correct procedures.
He was arrested outside the jurisdiction of the Swazi court and that his age at the time had not been considered, Judge A. Leon said.
Mkhwanazi’s lawyer Ernest Thwala told the court that he was abducted from Durban in South Africa.
Leon said he was dismayed that Swazi police could go to another country to arrest a suspect without the knowledge of their South Africa counterparts.
If Mkhwanazi was not satisfied with the judgment in his retrial, he would be free to bring his case before the next sitting of the Appeals Court in September, the judge said.
South African Human Rights Commission representative Phumla Mthala said the organisation was thrilled by the latest developments.
The commission had pleaded unsuccessfully with the South African government to intervene on behalf of Mkhwanazi, she said.
Ten people are currently on death row in Swaziland. – AFP
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