Times Of Swaziland: OVER E26M LAWSUITS FROM UNREST VICTIMS

OVER E26M LAWSUITS FROM UNREST VICTIMS
================================================================================
Kwanele Dlamini on 19/09/2022 08:41:00


MBABANE – The Eswatini Government is faced with combined lawsuits amounting to
slightly over E26 million, filed by the June/July political unrest victims.
Slightly over a year later, government continues to be sued by victims of the
shootings that occurred in June/July 2021 as a result the political unrest. A
number of members of the public, who were allegedly shot by State security
agents last year and relatives of those who were shot dead, have filed demands
of different amounts against government in the High Court. The amounts range
from E300 000 to E5 million per individual.
To date, the amount demanded from government is approximately E26 630 350 and it
is set to rise, as others are seeking condonation from the High Court to sue
despite being out of time in terms of the Limitation of Legal Proceedings
against Government Act No.21 of 1972. There are pending applications in the High
Court filed by those who want to be allowed to sue despite their failure to file
their demands for compensation timeoulsy in terms of the Act. According to the
Act, lawsuits against government should not be filed later than three months (90
days) of the incident.
Shot
The applicants include a woman whose husband was shot and he later died in
hospital on July 8, 2021.Gcinaphi Tengetile Mnisi informed the court that her
husband, Nkosinathi Sibusiso Shabangu, was shot on June 30, 2021 around 6pm in
Pigg’s Peak. She said she was unable to comply with the requirements of the
provisions of the Act because it took her a long time to recover from the shock
and trauma of the sudden death of her husband. Mnisi submitted that she suffered
from deep depression and had to undergo medical examination and monitoring.
“I verily accept that although ignorance of the law is no excuse, I wish to
state before the honourable court that I was not aware of the provisions of the
Act. I am a lay and unsophisticated person. Had I been aware, I would have made
means to get the services of an attorney to issue the letter of demand on
time,” Mnisi pleaded.
She informed the court that she was unable to secure the services of an attorney
timeously to assist her to institute the legal proceedings. By the time she got
assistance in securing the services of an attorney, Mnisi said, she was advised
the prescribed period had lapsed. She said government would not suffer prejudice
if she was allowed to serve the letter of demand because the State would still
defend the claim if they decided to do so. She said the validity of the claim
would be tested by the courts and the outcome could be in favour of either
party. Mnisi argued that it was in the interest of justice that she be allowed
access to the court for the determination of her claim. “Given that I was
traumatised by the untimely death of my husband and considering that the
children are still young, I was confused and did not quite know what to do and
how to deal with the painful experience that I found myself in,” she said.
Pardoned
Mnisi instructed T.R. Maseko Attorneys to represent her in the matter. She wants
the court to order that she be pardoned for her failure to timeously serve
government with her letter of demand of the sum of E3 060 000. She basically
wants the court to allow her to serve the letter of demand out of time. Mnisi
said she was left alone to fend for their three children, who included a
12-month-old minor as well as an 11-year-old and a 12-year-old child. She
submitted that Shabangu was solely responsible for the upkeep of the family,
including his 68-year-old father.  Government acknowledged receipt of the letter
of demand by a letter dated January 25, 2022. Mnisi wants to be compensated for
loss of support (E2.4 million), shock (E250 000), and loss of income (E250 000),
among other demands.
Bongani Kunene of Msunduza, Mbabane, in another matter, filed a similar
application. He wants to be compensated the sum of E900 000. Currently, he has
applied to the High Court to be condoned for failure to serve his letter of
demand on time with the national commissioner (NATCOM) of police. Kunene told
the court that on June 29, 2021, while participating in a peaceful march around
Extension 3, he was shot and injured, allegedly by the police. He told the court
that he had not provoked the law enforcers when the shooting happened. He said
he was shot in the right leg above the knee. Kunene informed the court that he
was admitted to the Mbabane Government Hospital, where he was treated and his
leg was amputated. He said he used crutches for mobility after being amputated.
In his application to the High Court, Kunene stated that he was unable to comply
with the 90 days prescription because he was unable to get a lawyer on time. He
said despite his failure to comply with the provision of the Limitation of Legal
Proceedings against Government Act No.21 Act, he instructed T.R. Maseko
Attorneys to put government on notice that he intended to sue. His demand
includes an amount of E250 000 for disability, E130 000 for future medical costs
and E120 000 in respect of temporary disfigurement, among other demands. In yet
another matter, Thoba Dlamini of Mbabane alleged that he was shot by the police
near Msunduza on June 29, 2021. Dlamini has instituted proceedings in court and
he is demanding E3.1 million from government.
He informed the court that when the police allegedly shot him, he was coming out
of a friend’s house. He said the police allegedly shot him without any lawful
justification or warning and they left him on the ground, without rendering any
assistance to him. “Furthermore, along the way to hospital, to which one of my
friend Sandile Emmet was rushing me, we again met the police officers who shot
me, they stopped the motor vehicle we were travelling in and dragged me out of
it,” he alleged.
Assaulted
Dlamini submitted that one of the police officers assaulted him all over the
body with the back of a bush knife. “Among the officers, who shot and tortured
me, was one Nimrod, who is based at Pigg’s Peak Police Station,” alleged
Dlamini. Another man sued the Umbutfo Eswatini Defence Force (UEDF) for E3.1
million after being allegedly shot by soldiers during the same period at
Mashibhini in Lobamba. He claimed to have witnessed some people being gunned
down by a contingent of soldiers at Mashibhini, where he had gone to buy roasted
chicken and porridge (widely known as chicken dust). He is represented by Mabila
Attorneys in Association with Noncendo Ndlangamandla.
A 16-year-old teenager, with the assistance of his mother, Thembi Thwala of
Mashobeni South in the Shiselweni Region, is one of the victims of the unrest,
who was allegedly shot by members of security forces. He is demanding E2.4
million from government and the Royal Eswatini Police Service (REPS). The first
person to approach the court was a 17-year-old teenager of Mbasheni, who alleged
that he was shot by soldiers when he was on his way home from Pigg’s Peak,
where he had been sent to buy a cabbage. He is demanding E4.9 million in
compensation from the army.
Another case is that of a man whose 54-year-old mother died after being
allegedly assaulted by soldiers at Mashibhini. There is also a case of a man of
Lobamba, who is suing the government for E2 million, after police officers
allegedly kicked the stitched stump on his recently amputated leg. Thomas
Nhlanhla Tsabedze’s leg was amputated after he was shot allegedly by members
of the security forces, during the countrywide protests for political change
that began at the end of June 2021.
Kicking
Tsabedze said on August 1, 2021, at about 1am, around Mvutshini, he was at the
homestead of one Matobane Tsabedze and police officers arrived and, without
legal justification or cause, allegedly heavily assaulted him by kicking him on
the stump until the stitches broke open, resulting in a gaping wound. The
highest demand by any individual so far is E5 million, by a 27-year-old man of
Maphalaleni in the Hhohho Region. Crimildio Kash was shot on June 29, 2021,
allegedly by State security forces, without legal justification or cause. He
alleged that his leg was amputated after the shooting. According to Kash, the
incident happened at Mvutshini, in full view of members of the public. He said
he was hospitalised at Mbabane Government Hospital for eight days.