SEARCH WARRANTS WERE UNLAWFUL - PPA MEMBERS

MBABANE - “The fact that we are being persecuted and prosecuted for expressing dissatisfaction about the management of public affairs is a violation of the right of freedom of expression.”

This was one of the submissions made by the four members of the civil and political organisations who are being investigated by the police.
They also contended that the alleged seditious documents, which led to the police raiding their homesteads, were not found in their possession.
The four who are being investigated by the police are Sibongile Mazibuko, Musa Nkambule, Jan Sithole and Wandile Dludlu.

Mazibuko is the leader of the Ngwane National Liberatory Congress (NNLC), while Nkambule is the Chairman of Sibahle Sinje National Movement.
Dludlu is the General Secretary of the proscribed People’s United Democratic Movement (PUDEMO) and Sithole is the President of the Swaziland Democratic Party (SWADEPA)

They all belong to the PPA, which is an association formed by different political, civil and human rights groups.
In their replying affidavit filed by their lawyer yesterday, the quartet contended that it would be unlawful and unjust to have them charged, persecuted and prosecuted on the basis of information and evidence that was allegedly tainted by unlawfulness.
“The search warrants were unlawful because they did not specify what items the police were looking for and what offences were being committed by the applicants,” they argued.

It was further one of their submissions that, the detention orders were equally unlawful in the same manner and extent to which the search warrants were unlawful.

Accept

“We are advised and verily accept that the magistrates issued the search warrants without having fully applied themselves on the matters before them. In her replying affidavit, Mazibuko argued that the magistrate was wrong to grant the search and seizure warrant because there was proper application before him.
“We are also advised that the applications that were served before the magistrates were supposed to be made at the High Court of Eswatini and not before the magistrates court.”

According to the applicant, the magistrates had no jurisdiction to have entertained the applications as they allegedly usurped the powers of the High Court.
“I respectfully state that the search warrants were unlawful as the papers that were served before the magistrate were in respect of a matter at the High Court,” argued Mazibuko.

According to the police, the quartet is suspected to have been the architects of the banner with inscription calling for the fall of the country’s authorities and introduction of multi-party democracy in the Kingdom of Eswatini.

This is the banner which was displayed during a recent march by members of the Political Party Assembly (PPA) in Mbabane.
The exact wording of the banner cannot be repeated as it is suspected to be of seditious nature. According to the law enforcers, they received information from their (police) Intelligence Department that the homesteads or residences of the four were places where suspected explosives, seditious documents and information were kept.

Judge Nkosinathi Maseko, who heard the application, found that it would not be proper to allow the police to act on the strength of the warrants while the matter is still pending in court.
The applicants are seeking an order declaring to be unlawful and setting aside the search warrants that were issued against them dated November 25. and December 19, 2019.
During the argument of the matter, Assistant Attorney General Mbuso Simelane informed the court that criminal investigations against the quartet were 95 per cent complete.

Meanwhile, in his answering affidavit, Deputy National Commissioner of Police Sam Mthembeni Mthembu denied that the search and seizure warrants against the applicants were unlawful and unconstitutional.

He averred that the items that were seized from the applicants were taken to the respective magistrates who issued the warrants.
Mthembu alleged that the magistrates then ordered that the items should be detained for purposes of assisting the police in furthering their investigations to the suspected acts of alleged sedition by the applicants.

Challenged

“I have been advised by the officers who executed the search warrants that none of the applicants challenged the warrants,” contended the senior police officer.
According to the deputy commissioner of police, the searches and seizures were conducted on a reasonable ground for suspecting that there was, upon the premises of the applicants, anything to which there were reasonable grounds for believing that it would afford evidence as to the commission of the offence or anything intended to be used for the purposes of committing the offence.

He also told the court that the application to set aside the search warrants was academic as the search had been conducted.
The matter is still pending in court and it will be argued today.
The State is represented by Assistant Attorney General Simelane and Principal Crown Counsel Bheki Tsabedze while appearing for the applicants is renowned human rights lawyer Thulani Maseko.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: