BY MFANUFIKILE KHATHWANE
LOBAMBA – People who were acquitted in court cases but have not yet received their bail refunds have been advised to approach the High Court to claim their money, Deputy Registrar of the Supreme Court Siphiwo Nyoni has said.
The Deputy Registrar of Supreme Court made the remarks during a Public Accounts Committee (PAC) meeting with the Judiciary held on May 18, 2026, where PAC Members raised concerns over unclaimed bail money dating back decades.
The matter sparked heated debate as PAC Members questioned why emaSwati continue to struggle to recover bail deposits even after cases are concluded or suspects are found not guilty.
Gege Member of Parliament and PAC member Agrippa Magesi Dlamini questioned why people who had “won” their cases were still unable to access their money years later.
PAC Vice Chairperson Manzi Zwane said some emaSwati have gone for more than five years without receiving their bail refunds, while others have no knowledge that they are entitled to claim the money.
He said Parliament was deeply concerned that money belonging to emaSwati continued to remain unclaimed for years under processes linked to the Judiciary.
“Some of the money has been there for many years,” Zwane said, adding that such funds could have benefited citizens if the system was functioning efficiently.
PAC member Sandile Nxumalo also described the matter as a major concern, saying delays in concluding criminal cases could not continue to be blamed solely on staff shortages while people remained without their money.
Hon. Sandile Nxumalo further questioned what happens to the funds when the owner dies before claiming the bail money.
Responding to MPs, Siphiwo Nyoni clarified that the Judiciary does not directly hold bail money accounts, saying the funds are deposited into Government accounts managed by Treasury and signed for by the Accountant General.
She said people who lost their receipts should seek assistance from Treasury, as proof of payment remains important in processing claims.
The Deputy Registrar of Supreme Court further explained that where a person dies before claiming the bail money, the Office of the Master can facilitate payment to beneficiaries who present the proper legal documents.
He also dismissed concerns about why the money is not transferred into Government revenue, saying the funds belong to emaSwati and not Government.
“It would be inappropriate for Government to take money that belongs to citizens,” he said.
Nyoni explained that only after a period of about 40 years, where no claim is made, can the money eventually revert to Government in line with existing legislation.
However, MPs expressed dissatisfaction with the long-standing law, with Zwane saying the 40-year provision under the 1902 Act should be reviewed as it no longer suits current realities.
“The money could have done a lot of things for emaSwati during that period,” Zwane said.
Siphiwo Nyoni agreed that the legislation may require amendment.
PAC member Ntando Mkhonta also questioned reports that some clerks allegedly misused bail money despite Judiciary officials insisting they do not keep the funds.
The Deputy Registrar of Supreme Court explained that such cases involve individuals who pay money through mobile transactions directly to officers who allegedly fail to deposit the funds into the proper Government account.
The committee further demanded answers on the backlog of criminal cases, with Siphiwo Nyoni on behalf of Judiciary promising to provide the information to PAC.
She also stated that case management falls under the Ministry of Justice and Constitutional Affairs and not solely the Judiciary, saying the Judiciary is only one of the stakeholders in the justice system.
The concerns come amid previous reports indicating that over E85 million in unclaimed bail deposits has accumulated over the years, with many people abandoning the claims process because it is viewed as lengthy, difficult and costly.
The heated meeting ended with MPs warning that the growing pile of unclaimed bail money reflects deeper failures within the justice system, as thousands of emaSwati continue to wait for money that legally belongs to them while Parliament pushes for urgent reforms to prevent citizens from losing funds trapped in bureaucratic processes for decades.
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