In terms of the law and or the Criminal Procedure and Evidence Act, an exhibit is confiscated by the law enforcement agencies to be used as evidence in court.
Now, the conduct of Pastor Sikhumbuzo Shongwe who allegedly shot and killed businessman Zweli Tsabedze suggests that Shongwe, who is now a serious danger to our society was allowed access to the gun by the law enforcement agency.
I am not blaming Judge Mbutfo Mamba for releasing Sikhumbuzo on bail as a Constitutional right, it was the police who were supposed to monitor Sikhumbuzo’s violent conduct and deny him access to the gun.
Even if Shongwe applied in court to have access to the gun, the Crown, in the interest of public safety and security was supposed to vigorously oppose that application.
But alas, more energy and focus is directed to pro-democracy Members of Parliament(MPs) and political activists while alleged criminals are terrorizing the people.
A bail comes with conditions, perhaps, we must now analyze Judge Mamba’s judgement again and investigate whether the alleged killer was allowed by the court access to the gun or it was the police who treated Shongwe with kid gloves so he can shoot more people.
Sikhumbuzo is a serious danger not only to women but the entire society, it’s a pity that the country’s justice system is selective, this brings back the question, how a violent person with a track record of physically abusing women even qualified to own a gun?
But, it should be noted that the criticism directed to the police as stated above will be mitigated should fresh evidence emerge suggesting that Sikhumbuzo used another gun to shoot and kill Tsabedze whom he accused of cheating with his wife.
But then, as mentioned above, it is clear that in this country, police are failing to monitor criminals but they have become puppets to fight political battles while members of the public are killed by these armed criminals.
I am not a Judge and cannot dictate whether Sikhumbuzo qualifies to be released on bail or not, but it is my observation that Shongwe is now a danger to society.
Judges make rulings based on evidence presented before them, the game of corruption here is played between the police and the office of the Director of Public Prosecutions(DPP). If we had various applications by the State and appeals, opposing Shongwe’s release on bail, then we could have blamed the Judge.
But for now, it’s clear that Shongwe was well connected within the law enforcement agency hence he was allowed to terrorize women and kill people.
‘Pastor’ Sikhumbuzo Shongwe