‘GAWUZELA’S NUMBER LINKED TO PHONE AT BOMBED RAIL LINE

MBABANE - On-the-run former Siphofaneni Member of Parliament (MP) Mduduzi ‘Gawuzela’ Simelane’s cellphone number has been implicated in the case of arrested self-proclaimed ‘commander’ of the Solidarity Forces, Thabo Kunene.

A call is believed to have been placed from the former legislator’s cellphone to another gadget that was found at the bombed railway line in Sidvokodvo. This information is contained in an order that has been obtained by the police to seize, among other things, the camouflage jackets with hoods that were worn by the self-confessed ‘commander’ of the Solidarity Forces (Kunene) and his co-accused Sibusiso Nkomonye. These are the jackets they were wearing when they made their maiden court appearance at the High Court on Saturday. The other items which have also been seized by police through the court order are cellphones, camouflage jacket and trouser, commercial explosives, explosive blasting cartridges and an electric cable.

Belief

In the application to seize the items, the police submitted that they had reasonable belief that they were purportedly used by the accused persons in the commission of the offences.
The order empowering the police to keep the items was issued by Judge Justice Mazwi Mavuso, after the prosecution moved an ex parte application at the High Court.  An ex parte application is used for one party to ask the court for an order without providing the other party the usual amount of notice or opportunity to write an opposition. The application was granted after the prosecution moved same in terms of Section 30 of the Suppression of Terrorism Act of 2008. Section 30 provides that:  “Where the national commissioner of police has reasonable grounds for believing that any property has been, or is being, used to commit an offence under this Act, he may seize the property. The commissioner shall as soon as practicable after seizing any property make an application, ex parte, to a judge of the High Court for a detention order in respect of that property.”  

In the application to seize the items, the Crown submitted that last Friday, the duo led a team of investigators to Bulunga, where they allegedly pointed out some exhibits. According to the prosecution, on arrival at Bulunga, the accused persons pointed out one commercial explosive, explosive blasting cartridges and an electric cable next to Nkomonye’s homestead. Among the cellphones which have been seized by the police through the court order, is the one that was allegedly found at the scene after the bombing of the railway line at Sidvokodvo. Nkomonye allegedly had a hand in the bombing of the railway line. Nkomonye of Bulunga is alleged to have committed the offence on May 6, 2023. His action, as per the prosecution, resulted in a line at Sidvokodvo Railway being damaged using an explosive.

It is alleged that Nkomonye committed the offence with four others, who are still at large. This, according to the Crown, was carried out as a result of instructions of the first accused person (Kunene), who was allegedly acting in common purpose with Nkomonye and others. “At the scene of crime, a cellphone belonging to one Hloniphani Mayibongwe Gama of Mbelebeleni, who is a member of the underground forces, was found,” averred the Crown. The prosecution went on to bring it to the attention of the court that, investigations had shown that among the cellphone numbers which called this cellphone was one belonging to former MP, who is also a fugitive of the law, Simelane.

Offence

This call was allegedly received just before the commission of the offence. Simelane’s whereabouts are officially unknown, though there are suspicions that he is in the United Kingdom (UK). He first skipped the country to neighbouring South Africa after a warrant for his arrest had been issued, together with that of his co-accused at the time, MPs Mduduzi Bacede Mabuza and Mthandeni Dube. The court was also told that on May 20, 2023, Bhadzeni II Umphakatsi was burnt to ashes.  This was purportedly also done through the instructions of Kunene with whom Nkomonye was allegedly acting in common purpose with. The prosecution went on to relate that on May 19, 2023, nine commercial explosives, blasting cartridges, six detonators and two detonating cables were left at a Ndzimandze homestead next to the burnt umphakatsi, allegedly by  Nkomonye and his companions. The court was told that on May 25, 2023, these items were taken to Mankayane Police Station by a community police member.

The accused persons made their first court appearance at the High Court on Saturday. Acting Director of Public Prosecutions (DPP) Lomvula Hlophe applied that they be remanded in police custody as His Majesty’s Correctional Services did not accept awaiting prisoners on weekends. The acting DPP informed the court that Kunene and Nkomonye would be transferred to a Correctional facility later.  

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