EXPERT FAILS TO RETRIEVE INFO FROM BACEDE’S CELLPHONE

MBABANE – An expert failed to retrieve any information from the cellphone that was taken from MP Mduduzi Bacede Mabuza when he was arrested.

The phone was seized from the Member of Parliament (MP) when he was arrested on July 25, 2021. The expert did not find any texts or WhatsApp messages that the prosecution could use against Mabuza in the phone, which now forms part of the Crown’s evidence against him. The handset is currently being kept by the police after obtaining an order to keep same pending finalisation of the criminal trial. The failure to retrieve anything from Mabuza’s phone is reflected in the formal admission he made with his co- accused, MP Mthandeni Dube, in the evidence presented by the Crown.

They made the formal admission in terms of Section 272 of the Criminal Procedure and Evidence Act No.67 of 1939. Section 272(1) provides that: “In any criminal proceedings, the accused or his representative in his presence may admit any fact relevant on the issue and any such admission shall be sufficient evidence of such.

Exhibit

Mabuza admitted that his cellphone was taken by the police after his arrest on July 25, 2021 and nothing was retrieved from it. Dube, on the other hand, admitted that his cellphone was also taken by the police and various messages set out in exhibit five were recovered from his phone. They agreed that exhibit five could be handed to court. As part of its evidence, the prosecution provided about 244 WhatsApp messages between Mabuza and Dube. The messages, which are contained in a 72-page document, were retrieved from Dube’s cellphone, which was also seized from him when he was arrested on July 25, 2021. In one of the messages sent on July 21, 2021, Mabuza told Dube that things were getting serious and they must consider leaving the country. This was four days before they were arrested and charged with, among other charges, inciting members of the public to revolt against a constitutionally established government and bringing hatred to His Majesty King Mswati III.

Military

On the same day, Mabuza sent another message to Dube expressing his support for the idea of military training services. In one of the messages, Dube purportedly told Mabuza that he could not wait for military training. They also confirmed that they had sight of the post-mortem reports relating to the deceased mentioned in the indictment in count two and three, Thando Shongwe and Siphosethu Mtshali. They further attested to that the cause of death as described in the post-mortem report was that the deceased suffered fatal injuries on June 29, 2021at Hilltop, Mbabane in a motor vehicle accident.

They agreed that the two post- mortem reports relating to the deceased mentioned in count two and three may be handed in as exhibits six and seven. Among other documents, the Crown handed over as part of its evidence, was the post-mortem reports of the two people who died in the accident at Hilltop involving a motor vehicle from Sincephetelo Motor Vehicle Accidents Fund (SMVAF).  The prosecution further gave them statements of six witnesses as well as a police report with an accident sketch and a vehicle inspection report.

In one of the alternative charges contained in the amended indictment, the MPs are alleged to have murdered Siphosethu Mtshali and Thando Shongwe on June 29, 2021. According to the post-mortem reports, which now form part of the evidence, Mtshali and Shongwe died due to multiple injuries. Another charge in the amended indictment was that the MPs allegedly committed a terrorist act by encouraging people in public statements to disobey the lawful banning by the Government of Eswatini of the delivery of petitions and to reject the appointment of the then Acting Prime Minister, Themba Masuku.

Disobedience

It is alleged that by so doing, they encouraged civil disobedience, which had one or more of the following intentions or consequences; death or bodily injury, serious damage to property, serious risk to the health of the public or the section of the public and endangering the lives of the people and was designed or intended to disrupt the provision of essential emergency services such as police, civil defence and medical services. As a consequence of the alleged conduct of the accused persons, according to indictment, there were riots in all regions of the country which resulted in loss life, bodily injuries to people and destruction of private and public property.

As a first and second alternative to the count of allegedly encouraging people to disobey the banning of delivery of petitions, Mabuza and Dube, on June 24, 2021 at or near Summerfield, allegedly committed seditious acts by encouraging people in public statements to disobey the lawful banning order by government and to reject the appointment of the then acting prime minister.

Dissatisfaction

By so doing, according to the charge, they allegedly caused hatred against the King and government, raised dissatisfaction among the King’s subjects or inhabitants of Eswatini, disaffection against the administration of justice and promoted feelings of ill-will and hostility between different classes of the population of Eswatini. The  MPs trial was postponed to next  year but they are expected to be in court on December 20,2021, for the hearing of the application where they are seeking an order compelling the Supreme Court registrar and the chief justice to enrol their urgent bail appeal.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: