Swazi Observer

FULL STORY

JUDGE RESERVES JUDGMENT

By Andile Nsibande | 2021-07-30

High Court HIGH Court Judge Mumcy Dlamini yesterday reserved judgment in an urgent bail application by Members of Parliament Mduduzi ‘Bacede’ Mabuza and Mthandeni Dube yesterday evening.

This means more days in custody for the local lawmakers, who have recently become the most prominent foe of the Tinkhundla System of governance. The court will pronounce its order on a date that is yet to be communicated to the parties by the Registrar of the High Court.

The incarcerated parliamentarians made bail pleas a day after their arrest on Sunday. The Crown vehemently opposed the bail plea by the leading critics of the system of governance from the House of Assembly.

It was then agreed that the matter would be argued yesterday, where three grounds were raised by the State in opposition of the application.

One of the grounds by the Crown was that the pair was a flight risk, and might flee the country because they have sufficient resources to sustain themselves once they have relocated to another country.

It was further argued by the State that the pair might interfere with or manipulate state witnesses using their strong financial muscle, as successful businessmen in the country. Again it was the prosecution’s contention that the incarcerated legislators might repeat the very offences they are charged with, in the event they were released on bail.

The prosecution strongly believes that the applicants may continue to incite people to revolt against the system.

Principal Crown Counsel Macebo Nxumalo pleaded with the court not to consider releasing the pair on bail because such might create public disorder and that the citizens may lose faith in the criminal justice system if the two were to be released despite the nature of the charges they were facing.

The duo is facing charges under Section 5(1) of the Suppression of Terrorism Act 2008 as read with Section 2(a) to (d) of the same Act.

The defence, on the other hand, had asked the judge to ignore the argument of the Crown because they were not based on facts, but only on assumptions which were not substantiated in court.

Appearing on behalf of the parliamentarians Advocate Mduduzi ‘Tsotsi’ Mabila, who is being instructed by Mbabane lawyer Sifiso Jele, replied to say his clients’ lives were firmly rooted in the country, and that they had invested so much within the kingdom for them to randomly decide overnight to flee the country. He denied the allegation that his clients could flee the country once released on bail.

Attacking the point on the public losing faith in the criminal justice system in the event the two MPs were released on bail, Mabila said in fact the opposite was true.

He said rather, the public would have faith in the system because by releasing the applicants on bail, the courts would have demonstrated that in the country suspects were not punished before conviction.

“It will bring confidence in that the public will know that pre-trial conviction does not occur in our beautiful kingdom; that people are not subjected to punishment before conviction,” he argued.

After listening to the arguments which lasted for almost three hours, Judge Dlamini opted to reserve her judgment. “Having heard the arguments from both counsels, I will reserve my judgment. An order will be pronounced on a date to be communicated by the registrar,” she said.

Mabuza and Dube are currently being kept at the Matsapha Central Maximum Correctional Facility.

Mabuza is the parliamentary representative for Hosea Constituency while Dube is from Ngwempisi.

share story