Times Of Swaziland: UNREST SHOOTINGS: E14.9M LAWSUITS AGAINST GOVT

UNREST SHOOTINGS: E14.9M LAWSUITS AGAINST GOVT
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BY KWANELE DLAMINI AND SETSABILE NKAMBULE on 01/11/2021 08:37:00


MBABANE – Government has so far been sued about E15 million in total by
members of the public who were shot during the political unrest in June and
July.
The first one to approach the court is a 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 gone to a buy a cabbage. He is demanding E4.9 million in compensation.
Others include a man whose mother died after being allegedly assaulted by
soldiers at Mashibhini, and is demanding compensation from the army for the
death of the 54-year-old woman.
A recent case is that of a man of Lobamba, who is suing government for E2
million after police officers allegedly kicked the stitched stump of 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.
Justification
Thomas said on August 1, 2021, at about 1am, around Mvutjini, he was at the
homestead of one Matobane Tsabedze and police officers arrived and, without
legal justification or cause, allegedly heavily assaulted him by injuring him on
the amputated leg by kicking him on the stump until the stitches broke up,
leaving a gaping wound. He alleged that the assault took place in public at
Mvutjini. The police, according to Thomas, allegedly left him unattended after
the reported assault. He said he could not undergo medical treatment,
psychological and trauma assessment. He stated that the stump on the amputated
leg was rotting away.
Assault
At all material times of the assault, according to Thomas, the police were
acting within their course and scope of their employment as police personnel of
the Government of Eswatini.  He said they were allegedly acting on the direct
command of the commander-in-chief and national commissioner of police in terms
of Section 4(3)(b) of the Constitution of Eswatini. He submitted that the police
and government were vicariously liable. “In the premise and as a result of the
unlawful assault, the plaintiff suffered damages in the amount of E2 million for
which the Government of Eswatini and/or the REPS are legally liable,” Thomas
said. The veracity of these allegations is still to be tested and government is
yet to respond to the allegations. Thomas is represented by Leo Ndvuna Dlamini
of LN Dlamini and Associated.
In another matter, a 27-year-old man of Maphalaleni in the Hhohho Region is
demanding E5 million from government after his leg was shot allegedly by the
police on June 29, 2021, which was the peak of the unrest that turned violent.
Crimildio Kash submitted that he was shot without legal justification or cause.
He alleged that his leg had an injury after the reported shooting. According to
Kash, the incident happened at Mvutjini in full view of members of the public.
He said he was hospitalised at Mbabane Government Hospital for a period of eight
days.
“As a further result of the assault, the plaintiff (Kash) had to undergo
medical treatment for shock, psychological and trauma assessment.  “At all
material times of the assault, the REPS/police were acting within the course and
scope of their employment as police personnel of the Kingdom of Eswatini and
further acting on the direct command of the commander-in-chief and the national
commissioner of police in terms of Section 4(3) of the Constitution of Eswatini
for which government and the police are vicarious,” he submitted. Kash said in
the premise, and as a result of the assault, he suffered damages in the amount
of E5 million for which government and the police were liable.
Lawsuit
Mlandvo Dlamini, the first person to file a lawsuit after being shot allegedly
by soldiers, is a 17-year-old teenager of Mbasheni in northern Hhohho, who is
demanding over E4 970 350 from the Umbutfo Eswatini Defence Force (UEDF). He
alleged that he was shot by soldiers who were acting on a direct command of the
commander-in-chief of the defence force and the army commander. A sum of E600
000 of the amount demanded by the teenager is in respect of shortened life
expectancy.
Dlamini alleged that members of the army, who were dispersing community members
at Mbasheni, allegedly shot him while he was alighting from a bus. He said he
was not part of the protests but was from Pigg’s Peak town, where he had been
sent by his parents to buy a cabbage. He claimed that the soldiers assaulted him
by shooting, cutting/breaking his leg with service rifles.  He said when he was
shot, the soldiers were dispersing some community members who had blocked the
road using a wreckage of a kombi.
Assaulted
In his particulars of claim, Mlandvo submitted that on July 1, 2021, at about
noon, members of the UEDF unlawfully and heavily assaulted him by shooting him
in the left leg with a service rifle. These are allegations contained in an
affidavit whose veracity is still to be tested in court. The army is yet to file
its papers in the event it is disputing the allegations levelled against its
members.
A police officer, who is based at Nhlangano Police Station under the Criminal
Investigations Department (CID), is demanding E1 million each from one of his
colleagues and a businessman who allegedly accused him of being corrupt.
Mzwandile Mchaka Khumalo wants the trio of Zakhele Masuku, who is attached to
the same department in Nhlangano, the businessman, Mabandla Gama of Maseyisini
and a Nhlangano-based Eswatini Posts and Telecommunications Corporation
employee, Musa Dlamini, to compensate him in the sum of E3 million.