STATE PRESENTS SUMMARY OF EVIDENCE AGAINST 2 MPS

MBABANE – The State has presented a summary of its evidence against Hosea MP Mduduzi Bacede Mabuza and his Ngwempisi counterpart, MP Mthandeni Dube.

The composite summary of evidence has since been annexed to the indictment that has been filed by the Crown in readiness to prosecute the two legislators who are currently incarcerated at Matsapha Correctional Facility, while awaiting the outcome of their bail application. The duo stand accused of having acted jointly with Siphofaneni Member of Parliament Mduduzi ‘Magawugawu’ Simelane to incite people of Eswatini to revolt against the constitutionally established Government of Eswatini.

Fugitive

The Crown explicitly stated in the  charge sheet that Simelane was a fugitive from the law. It is alleged that as a consequence of the alleged incitement by the trio, there were riots in all the regions of the country. According to the prosecution, these riots caused loss of life, bodily injury to people and destruction of private and public properties. Mabuza alone is said to have contravened Regulation 4 of the Disaster Management (COVID-19) Regulations under the Disaster Management Act. It is alleged that he unlawfully and wrongfully failed to keep a register as required by the regulations for any gathering and to sanitise participants in a gathering he had convened. In the summary of evidence, it is alleged that Mabuza and Dube, as well as Simelane held various meetings in different places where they incited members of the public to revolt against government. According to the Crown, the contents of all the meetings were posted on social media platforms for public consumption. In the composite summary of evidence, the State narrated that it was common cause that there had been riots in the whole country. The issue, according to the prosecution, started or about June 5, 2021 at Hosea Inkhundla. It alleged that Mabuza and Simelane were present in the meeting that had been duly called by the former. The Crown went on to highlight that during the meeting at Hosea, there was no registration and there was no sanitisation as required by the COVID-19 regulations.

“It was at this meeting where Mabuza addressed the gathering and his address was recorded and posted on social media platforms. Both first accused ( Mabuza) and Simelane told the gathering that the current constitutionally established  government should be done away with in the form of electing the prime minister instead of being appointed by the King,” reads part of the composite summary of evidence. The State further pointed out that subsequently, the delivering of petitions around the country’s different tinkhundla centres started.   The court was informed that due to the prevailing COVID-19 situation at that time, on June 24, 2021, the Government of the Kingdom of Eswatini announced that the delivering of petitions be suspended as it was a superspreader of the virus.

Petition

“However, on June 24, 2021 the three accused persons held a meeting at Summerfields and encouraged the public to defy the government order to suspend the delivery of petition,” alleged the State. Further, in or about June 2021, the three accused persons allegedly held another meeting at S&B Restaurant and it was where they reportedly continued to incite the public to defy the government order and encouraged the public to go to different tinkhundla centres to deliver the petitions. According to the prosecution, the content of both meetings were posted on social media platforms for public consumption.  In the composite summary of evidence, the State further averred that on June 26, 2021, Simelane specifically encouraged people under his constituency to go to Siphofaneni Inkhundla to deliver a petition as he was going to be present to accept same.

“As result of the said Mduduzi Magaugawu Simelane’s call on June 26, 2021, the people of Siphofaneni gathered at Siphofaneni Town and waited for the arrival of Mthandeni Dube of Ngwempisi. However, he could not gain access to the gathering as he was ordered by the police officers to go back to Phuzumoya as he was not permitted to go to the gathering which was becoming chaotic,” alleged the State. Simelane, as per the summary of evidence, then returned home and the people followed him to his place of abode where he stood on top of his motor vehicle and addressed the gathering. “It was during this meeting where it was declared that ‘AKULALWA NAMUHLA’.   During the night of the same day, there was destruction of properties and looting at Siphofaneni town,” averred the State.

The Crown told the court that as a result of the incitement by the three accused persons, different tinkhundla centres were burnt down and these include Timphisini Ndzingeni, Hosea, KuMethula, Mayiwane, Ngwempisi, Somntongo, Ntondozi, Sandleni, Engudzeni, Matsanjeni and Maseyisini (vandalised). “Further, as a result of the incitement to the public by all the accused persons, various properties around the country were destroyed and different items looted. These include three OK Supermarkets in Matsapha, Eswatini Breweries, Nhlangano Health Centre, Mbabane Embangweni Complex, Buy Cash Hardwares all over the country, Lewis Stores and different ATMs for various financial institutions around the country,” submitted the Crown.

Witnesses

When it comes to its witnesses the Crown stated: “The list of witnesses cannot be revealed due to security reasons.” On Monday, Chief Justice (CJ) Bheki Maphalala granted an order allowing that the accused persons be indicted summarily at the High Court.
The filing of the indictment by the Crown and granting of the order by the chief justice means that Mabuza and Dube, will get a speedy trial. This is also an indication that they would soon be called for a pretrial conference. A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge.

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