OVER E26M LAWSUITS FROM UNREST VICTIMS

MBABANE – The Eswatini Government is faced with combined lawsuits amounting to slightly over E26 million, filed by the June/July political unrest victims.

Slightly over a year later, government continues to be sued by victims of the shootings that occurred in June/July 2021 as a result the political unrest. A number of members of the public, who were allegedly shot by State security agents last year and relatives of those who were shot dead, have filed demands of different amounts against government in the High Court. The amounts range from E300 000 to E5 million per individual.

To date, the amount demanded from government is approximately E26 630 350 and it is set to rise, as others are seeking condonation from the High Court to sue despite being out of time in terms of the Limitation of Legal Proceedings against Government Act No.21 of 1972. There are pending applications in the High Court filed by those who want to be allowed to sue despite their failure to file their demands for compensation timeoulsy in terms of the Act. According to the Act, lawsuits against government should not be filed later than three months (90 days) of the incident.

Shot

The applicants include a woman whose husband was shot and he later died in hospital on July 8, 2021.Gcinaphi Tengetile Mnisi informed the court that her husband, Nkosinathi Sibusiso Shabangu, was shot on June 30, 2021 around 6pm in Pigg’s Peak. She said she was unable to comply with the requirements of the provisions of the Act because it took her a long time to recover from the shock and trauma of the sudden death of her husband. Mnisi submitted that she suffered from deep depression and had to undergo medical examination and monitoring.
“I verily accept that although ignorance of the law is no excuse, I wish to state before the honourable court that I was not aware of the provisions of the Act. I am a lay and unsophisticated person. Had I been aware, I would have made means to get the services of an attorney to issue the letter of demand on time,” Mnisi pleaded.

She informed the court that she was unable to secure the services of an attorney timeously to assist her to institute the legal proceedings. By the time she got assistance in securing the services of an attorney, Mnisi said, she was advised the prescribed period had lapsed. She said government would not suffer prejudice if she was allowed to serve the letter of demand because the State would still defend the claim if they decided to do so. She said the validity of the claim would be tested by the courts and the outcome could be in favour of either party. Mnisi argued that it was in the interest of justice that she be allowed access to the court for the determination of her claim. “Given that I was traumatised by the untimely death of my husband and considering that the children are still young, I was confused and did not quite know what to do and how to deal with the painful experience that I found myself in,” she said.

Pardoned

Mnisi instructed T.R. Maseko Attorneys to represent her in the matter. She wants the court to order that she be pardoned for her failure to timeously serve government with her letter of demand of the sum of E3 060 000. She basically wants the court to allow her to serve the letter of demand out of time. Mnisi said she was left alone to fend for their three children, who included a 12-month-old minor as well as an 11-year-old and a 12-year-old child. She submitted that Shabangu was solely responsible for the upkeep of the family, including his 68-year-old father.  Government acknowledged receipt of the letter of demand by a letter dated January 25, 2022. Mnisi wants to be compensated for loss of support (E2.4 million), shock (E250 000), and loss of income (E250 000), among other demands.

Bongani Kunene of Msunduza, Mbabane, in another matter, filed a similar application. He wants to be compensated the sum of E900 000. Currently, he has applied to the High Court to be condoned for failure to serve his letter of demand on time with the national commissioner (NATCOM) of police. Kunene told the court that on June 29, 2021, while participating in a peaceful march around Extension 3, he was shot and injured, allegedly by the police. He told the court that he had not provoked the law enforcers when the shooting happened. He said he was shot in the right leg above the knee. Kunene informed the court that he was admitted to the Mbabane Government Hospital, where he was treated and his leg was amputated. He said he used crutches for mobility after being amputated.

In his application to the High Court, Kunene stated that he was unable to comply with the 90 days prescription because he was unable to get a lawyer on time. He said despite his failure to comply with the provision of the Limitation of Legal Proceedings against Government Act No.21 Act, he instructed T.R. Maseko Attorneys to put government on notice that he intended to sue. His demand includes an amount of E250 000 for disability, E130 000 for future medical costs and E120 000 in respect of temporary disfigurement, among other demands. In yet another matter, Thoba Dlamini of Mbabane alleged that he was shot by the police near Msunduza on June 29, 2021. Dlamini has instituted proceedings in court and he is demanding E3.1 million from government.

He informed the court that when the police allegedly shot him, he was coming out of a friend’s house. He said the police allegedly shot him without any lawful justification or warning and they left him on the ground, without rendering any assistance to him. “Furthermore, along the way to hospital, to which one of my friend Sandile Emmet was rushing me, we again met the police officers who shot me, they stopped the motor vehicle we were travelling in and dragged me out of it,” he alleged.

Assaulted

Dlamini submitted that one of the police officers assaulted him all over the body with the back of a bush knife. “Among the officers, who shot and tortured me, was one Nimrod, who is based at Pigg’s Peak Police Station,” alleged Dlamini. Another man sued the Umbutfo Eswatini Defence Force (UEDF) for E3.1 million after being allegedly shot by soldiers during the same period at Mashibhini in Lobamba. He claimed to have witnessed some people being gunned down by a contingent of soldiers at Mashibhini, where he had gone to buy roasted chicken and porridge (widely known as chicken dust). He is represented by Mabila Attorneys in Association with Noncendo Ndlangamandla.

A 16-year-old teenager, with the assistance of his mother, Thembi Thwala of Mashobeni South in the Shiselweni Region, is one of the victims of the unrest, who was allegedly shot by members of security forces. He is demanding E2.4 million from government and the Royal Eswatini Police Service (REPS). The first person to approach the court was a 17-year-old 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 been sent to buy a cabbage. He is demanding E4.9 million in compensation from the army.

Another case is that of a man whose 54-year-old mother died after being allegedly assaulted by soldiers at Mashibhini. There is also a case of a man of Lobamba, who is suing the government for E2 million, after police officers allegedly kicked the stitched stump on 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.

Kicking

Tsabedze said on August 1, 2021, at about 1am, around Mvutshini, he was at the homestead of one Matobane Tsabedze and police officers arrived and, without legal justification or cause, allegedly heavily assaulted him by kicking him on the stump until the stitches broke open, resulting in a gaping wound. The highest demand by any individual so far is E5 million, by a 27-year-old man of Maphalaleni in the Hhohho Region. Crimildio Kash was shot on June 29, 2021, allegedly by State security forces, without legal justification or cause. He alleged that his leg was amputated after the shooting. According to Kash, the incident happened at Mvutshini, in full view of members of the public. He said he was hospitalised at Mbabane Government Hospital for eight days.

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