SOME LAWYERS RELUCTANT TO REPRESENT ‘COMMANDER’

MBABANE - Relatives of incarcerated ‘commander’ of the Solidarity Forces, Thabo Kunene, reportedly encountered difficulties in securing a legal representative for him.

Most of the lawyers who were approached by the relatives to represent Kunene turned them down, citing fear of the unknown as the main factor.
According to a relative, who preferred not to have his name published, most of the attorneys whose services were being sought by the family on behalf of Kunene succinctly stated that they were not comfortable in appearing on his behalf as they feared victimisation. This, according to the relative, resulted in them encountering difficulties in securing services of an attorney to represent Kunene, especially during his maiden court appearance at the High Court on Saturday.

Appearance

When Kunene and his co-accused, Sibusiso Nkomonye, made their first court appearance at the High Court on Saturday, they were without a legal representative. This became evident when Judge Mazwi Mavuso enquired whether the accused persons had an attorney and the response was to the contrary. Acting Director of Public Prosecutions (DPP) Lomvula Hlophe, informed the court that the duo was self-represented. Self-represented litigants are persons who appear in court without representation from a lawyer.

According to the relative, one of the attorneys they approached concisely stated that he was reluctant as in the past, some of her colleagues who represented accused persons charged under the Suppression of Terrorism Act of 2008, were attacked by unknown people. This reporter managed to locate some of the lawyers who were approached by Kunene’s relatives and they confirmed their unwillingness to appear on his behalf due to the fear of the unknown. 

“This matter is too complex and has some political elements in it. So it is prudent for one to consider the safety of his or her family before agreeing to represent a client charged under this Act. You can recall that in the past, some lawyers who represented accused persons charged under this Act, were attacked by unknown people, especially Maxwell Nkambule,” said one of the attorneys.  Another lawyer, who was also reportedly approached by Kunene’s relatives, said: “I politely told them to approach another attorney as I have my reservations about appearing on behalf of Kunene.  

“Times have changed. Everyone is concerned about their safety now. It’s unlike in the past when we took any case that came our way,” said the lawyer. Kunene’s previous attorney, Leo Ndvuna Dlamini, said he would not represent him as he was conflicted in the matter. The previous representation relates to Kunene’s personal matters that have nothing to do with the current charges. Dlamini disclosed that Kunene was his relative by virtue of his (Dlamini) sister being married to one of his (Kunene) brothers. He also highlighted that he was also related to businessman Andile Nkomonye, popularly known as Dr Mkhulu, the two accused persons had visited prior to their arrest in the Kingdom of Eswatini.

According to Dlamini, one of Dr Mkhulu’s sisters was his sister-in-law. He said, therefore, it would not be neat for him to represent Kunene.
“He was my client and I represented him in a number of his family matters, but I will not be representing him this time around as I am conflicted,” he added. Dlamini said Kunene’s children came to him seeking legal advice as they knew him to be their father’s attorney.  He said he would be going to check on him at the police station tomorrow. “As I have been informed that he was remanded in police custody and will be transferred to a Correctional facility today, I will ensure that I go see him,” said Dlamini.

Kunene and his co-accused Sibusiso are facing 43 charges of allegedly contravening the Suppression of Terrorism Act.  The charges include six of murder, 17 of attempted murder, nine of malicious damage to property, two counts of arson. The accused persons as per the charge sheet, allegedly also had a hand in the murder of a warder Mike Mthethwa, murder of Zandondo Chief Mahloma, shooting at the homestead of Chief Justice Bheki Maphalala, and the murder of law enforcement agents.

Investigations

In the past, the Law Society of Swaziland (LSS) had to conduct some investigations and intervene after some lawyers who were representing accused persons charged under the Suppression of Terrorism Act made a hue and cry, claiming that they were receiving threats. If Kunene’s situation persists, government will find itself having to provide him with pro deo counsel.  A pro deo counsel is assigned to accused persons in murder cases and any other cases which have constitutional connotations.

This means that the accused might be entitled to legal representation at the expense of government, as some of the charges he is facing carry a sentence of death or imprisonment for life. Section 21 (2) (c) of the Constitution  provides that a person who is charged with a criminal offence shall be entitled to legal representation at the expense of government in the case of any offence, which carries a sentence of death or imprisonment for life.

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