By Musa Mdluli

MBABANE: Sibusiso Nhlabatsi, a highly regarded human rights lawyer has applauded Judge Bongani ‘BS’ Dlamini’s drink and driving judgement in the matter between Daniel Dlamini and the Crown.

Dlamini was appealing a sentence of five thousand Rands (R5000.00) fine and two (2) years imprisonment imposed by the Magistrates Court, he challenged the manner in which he was charged by the police, resulting to the harsh sentence.

Responding to this Swaziland News when asked to share an expert legal opinion in the matter, the lawyer described the judgement as fair and judicious.

“It’s a fair and judicious judgment, the Judge delivered the judgement based on the facts that were before him. So the Judge must not be viewed as if he is encouraging drink and driving with this judgement but, the judgement should be a wake-up call for the police and Prosecutors to enforce the law correctly. The Appellant approached the High Court complaining that, he was charged under Section 91 (1) of the Road Traffic Act but the elements of the charge fall under Section 91 (5). So Section 91 (1) says being found on the driver’s seat under the influence of alcohol, even if the car is not moving, you will be charged. A wrong Section of the law was used to charge the Appellant, he successfully convinced the court that, according to the charge sheet, he was supposed to fined R800.00 not the R5000.00. So the Judge interpreted the law correctly in this matter,” said the lawyer.