MP WILSON DENIES ATTEMPTED MURDER, KIDNAPPING CHARGES
MBABANE – Matsanjeni South MP Wilson Bomber Mamba said he did not commit any of the charges levelled against him.
Mamba (63) of Matsanjeni is facing charges of attempted murder, kidnapping and common assault. He, together with four others, is alleged to have attempted to kill one Abraham Mabuza by assaulting him with fists and the blunt side of bush knives. He is also accused of hitting Mabuza with a stick on the side of the head. His co-accused are Ntokozo Dlamini (29) of Ncandweni under Chief Mshikashika, Andile Tabede (20), Siyabonga Nxumalo (18) and Thubelihle Hlanze (19), all of Matsanjeni under Chief GasawaNgwane in the Shiselweni Region.
Mamba is the fourth Member of Parliament (MP) currently behind bars after his application for bail was opposed by the Crown yesterday. The others are Hosea MP Mduduzi Bacede Mabuza, Ngwempisi MP Mthandeni Dube and Lobamba MP Allen Stewart.
Forcing
The Matsanjeni South MP and his co-accused are also accused of kidnapping Mabuza by forcing him to board a Toyota Fortuner registered DSD 662 CH and driving with him to Billy’s Farm. They are alleged to have also assaulted one Philani Mabuza with open hands several times on his face and with the blunt side of bush knives on the body. The offences were committed on Wednesday.
In his application for bail, Mamba, who is represented by Noncedo Ndlangamandla of Mabila Attorneys, stated that on Wednesday he received a call from the people who reside on his farm, informing him that there had been a break-in at his home on the previous day. He told the court that the burglars had removed the burglar door and gained entry into his house where they stole various items.
The MP also informed the court that there had been several break-ins at his home since 2010. He said he had reported seven break-ins to the police since 2010 but no one was ever arrested. “I received this information while I was away from home and I informed the people residing at my farm that I would arrive in the evening. Upon my arrival in the evening, I found that they had located the suspect who broke into my home and had used my motor vehicle to go and search for him.
“Having found him, they brought him to my place and assaulted him. I must state that I was present when he was assaulted but I did not participate in the assault. The complainant admitted to have been the one who broke into my home. Seeing that he was injured, I took him to hospital,” Mamba said.
Police
He told the court that he reported the matter to the police. The police, according to Mamba, advised him to return to the police station in the morning and they charged and detained him. He pointed out that the complainant in the matter had been discharged from hospital where he was admitted for one day. The legislator submitted that if granted bail, he would not abscond trial. He said he was a born and bred liSwati, with no other citizenship or relatives outside the country.
Mamba also told the court that he would not intimidate, influence or interfere with Crown witnesses. He further stated that there was no likelihood that he would endanger the safety of the public or commit any offence or undermine the proper functioning of the justice system. Mamba’s bail application was before Judge Cyril Maphanga yesterday and the Crown indicated that it was opposing the granting of the application.
The Crown is still to file its answering papers detailing the reasons for opposing the MP’s bail application. The matter will be argued next Wednesday.On Thursday, the High Court heard arguments in the bail pending appeal application filed by Mamba’s colleague, Stewart. The Lobamba MP is appealing his sentence of three years for attempted murder. In the meantime, he applied to be released on bail. The Crown is opposed to his release.
Stewart’s attorney, Linda Dlamini of Linda Dlamini and Associates, told Judge Zonke Magagula that the sentence of three years was not enough to induce his client to flee. “This court has released people who had received stiffer sentences,” said Dlamini.
Bail
He disputed that Stewart was a flight risk. In the MP’s case, he submitted that the applicant was not a flight risk and in his affidavit in support of the bail application, had stated that he was born and bred in Eswatini, is an MP as well as businessman.Dlamini told the court that there were prospects of success in the applicant’s appeal which were determined by considering if there was any chance that another court may find and hold differently from the findings of Judge Doris Tshabalala in the trial court. He said whether or not the trial court found and held correctly was the preserve of the appellate court.
The Crown is represented by Senior Crown Counsel Khumbulani Mngometulu, who told the court that it was not in the interest of justice to release Stewart on bail pending appeal. He submitted that the MP was likely to abscond the prosecution of his appeal, ‘regard being had to the period of three-year sentence without an option of a fine’. He admitted that an accused person bears no onus of proving their innocence and he submitted that there were no prospects of success attendant to the appeal.
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