PSYCHIATRIC EVALUATION FOR PUDEMO MAN CHALLENGING KING

MBABANE – The State has applied that Goodwill Sibiya should be taken for mental evaluation. The application to have the member of the proscribed People’s United Democratic Movement (PUDEMO) taken for mental evaluation was made by Principal Crown Counsel Brian Magagula.

Magagula made the application in terms of Section 163 of the Criminal Procedure and Evidence Act 67/2017.
Section 163 of the Act provides that: “If in the course of a trial or preparatory examination the judicial officer has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, he shall enquire into the facts of such unsoundness.”

Sibiya’s trial is already underway at the High Court before Judge Ticheme Dlamini. He is represented by prominent Human Rights Lawyer Thulani Maseko.
According to the indictment, Sibiya faces two charges that relate to contravening the Suppression of Terrorism Act of 2008 and contravening the Sedition and Subversive Activities Act 46 of 1938.

Communist

In the first count, he is alleged to have, on or about January 21, 2019, at or near Nhlangano in the Shiselweni Region, unlawfully professed to be a member of terrorist groups namely PUDEMO, the Communist Party of Swaziland, and the Economic Freedom Guerillas.
By so doing, he is alleged to have contravened the Suppression of Terrorism Act.

In the second count, Sibiya is alleged to have unlawfully attested to an affidavit containing falsehoods with the intention to bring into hatred or contempt or to excite disaffection against the person of His Majesty the King and thereby contravened the Sedition and Subversive Activities Act.

Witnesses

The Crown is expected to parade at least nine witnesses against Sibiya and these are the accused’s brother Vincent Velaphi Sibiya, Nhlangano Police Station Desk Officer Superintendent Sydwell Mthembu, Superintendent Justice Sipho Mabuza, who is based at the police headquarters, Inspector Lionel Mordaunt, who is based at the Nhlangano Police Station, High Court Registrar Siphiwo Masuku, High Court Civil Registry Clerks Sibongalokuhe Lolo Dlamini and Phumlile Nkhosingiphile Xaba, Superintendent Sibusiso Dlamini and Sergeant Phinda Dlamini.

In his founding affidavit, Sibiya prayed for the arrest of His Majesty the King for a plethora of allegations that cannot be repeated because of their defamatory nature and the fact that they border on treason.

Sibiya attempted to file his papers at the High Court and had managed to get them stamped at the Nhlangano Police Station and also by the High Court Registrar as well as the Attorney General.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: