Swazi Observer

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STATE WANTS LIFE SENTENCES FOR BACEDE, MTHANDENI

By JOHN SUKATI | 2024-05-04

The prosecution wants life sentences for the two former legislators, Bacede Mabuza and Mthandeni Dube, who were found guilty of murder, terrorism and contravening COVID-19 regulations.

South African Advocate, Gareth Leppan, appearing for the Crown appealed for the maximum sentences citing that the legislators were likely to commit the offences again.

Advocate Leppan made the fervent plea when mitigating for the stiff sentence during the last day of submissions by the defence and extenuating circumstances by the Crown.

The defence counsels have already made their mitigation, where they pleaded that for whatever sentence to be meted, it should be concurrent.

The legislators were convicted in June 2023 by Judge Mumcy Dlamini in the case that had dragged since July 2021.

Advocate Leppan said their submission was based on the premise that sentencing was also a balancing act and that Mabuza did not testify but made a statement, and even confirmed knowing the consequences.

“Do we have that kind of answer in their evidence that they were not likely to commit the offences again? No!” Advocate Leppan submitted.

“They believe that what they did was right.” He further submitted that Mabuza and Dube were aware of the consequences of their public outbursts and encouraged the people of Eswatini to defy government and even went on to encourage them not to retreat.

“The court is not to impose a provisional sentence but a custodial one,” Leppan said. “The disruption, loss of life and damages should also be reflected in the sentence,” he added to his call for life sentence.

When making their submissions, the legislators, represented by Advocate Jacobus Van Vuuren, implored the court that whatever sentence should be concurrent.

Judge Mumcy thanked both defence counsels for all submissions throughout the trial, saying it went smooth.

The judge said the date of sentencing would be announced by the registrar.

Advocate Van Vuuren, implored the judge to consider the age, dependants and marriage status of the legislators when passing sentence, as well as the reasons for their offences.

He also directed the court to the fact that it was not wrong to convict the former MPs on the main charges as well as the alternative charges. Van Vuuren, in mitigation on behalf of the convicted former legislators, said they were not attacking the court, and that the court should consider that the case was of a political motive.

The defence attorney went on to cite the late South African former president, Nelson Mandela, who was jailed for life, something which the advocate said was wrong. He pleaded with the judge to go slow on this, also mentioning that they were aware of the right to appeal which they would exercise. He also submitted that the former legislators never set out to kill people, saying there was never a pre-meditated murder and took the court back to the speeches made by the duo in that on many occasions they pleaded with the public not to cause damages, no throwing of stones, saying they were all for peace. The advocate said Mabuza also suffered E10 million in damages during the unrest. Mabuza and Dube were found guilty of three of the four charges that relate to the contravention of the Suppression of Terrorism Act and two counts of murder following the deaths of Siphosethu Mtshali and Thando Shongwe on June 29 during the unrest at Hilltop.

On the terrorism conviction, they are said to have incited the public to revolt against the constitutionally established government. The charge further stated that consequences of the incitement were riots in all the four regions, which caused loss of life, bodily injuries and destruction of private properties.

They were also charged with contravening COVID-19 Regulations of 2020 under the Disaster Management Act of 2006 committed on June 5, 2021 at or near Hosea in the Shiselweni region, for which Mabuza was acquitted.

The former MPs were charged with the former Siphofaneni MP, Mduduzi Simelane, who evaded arrest and is on the police’s wanted list.

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