WE DON’T NEED REHABILITATION - BACEDE, MTHANDENI

MBABANE - Convicted former MPs Mduduzi Bacede Mabuza and Mthadeni Dube say they do not need to be rehabilitated.

The two former Members of Parliament (MP) made these submissions in their heads of arguments, wherein they had been invited by the court to make submissions on the existence of extenuating factors or otherwise, as well as submissions on mitigating factors. Extenuating circumstances are those that diminish the culpability of one who has committed a criminal offence and so can be considered to mitigate the punishment. Last year, the duo of Mabuza and Dube was found guilty of terrorism (inciting violence during the June/July 2021 unrest) and murder, among other charges.

Offence

Section 1 of the Suppression of Terrorism Act of 2008 provides that: “A person, who commits a terrorist act, shall be guilty of an offence and, on conviction, shall be sentenced to any period of imprisonment not exceeding 25 years or to such number of life sentences as the court may impose.” At this stage, the court is expected to determine whether Mabuza and Dube had shown remorse for what happened, leading to their conviction. In their heads of argument, they urged the court to find that there were extenuating circumstances in their case. “In the premises, the death penalty is no longer mandatory even if the court were to find no extenuating circumstances exist, the court in its discretion may sentence an accused to a prison term viz Section 15(2) of the Constitution,” argued the former legislators. They then entreated the court to exercise its discretion judicially in imposing the sentence. “It is imperative to note and highlight that the accused bear no onus in establishing extenuating circumstances. It is the duty of the court to make a value judgment of all the evidence before it and make a determination of the extenuating circumstances,” contended the duo.

They argued that when someone thought he was entitled to act as he did, that was surely morally far less blameworthy than someone who realised he was doing wrong. Mabuza and Dube contended that when they made the speeches, they were always in the state of mind that they were not doing something wrong. According to them, there was no premeditation in this matter. It was their contention that this was a factor which was closely linked to the absence of dolus eventualis. Dolus Eventualis or legal intention is intent which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences, suffices to find someone guilty of murder. They implored the court to find that there were extenuating circumstances in their case.

Sentence

They asked the court that in arriving at an appropriate sentence, it should consider the principle of individualism of sentence. Meanwhile, when Mabuza was last in court, he submitted that, despite having been allegedly ill-treated in prison, he still believed the country needed political reforms, where people would be treated respectfully, have equal job opportunities in the economy and where there would be no one without work. Dube, on the other had, made a sworn statement and dissociated himself from Mabuza’s sentiments. He stated that his continued stay in prison would see his family and dependants engulfed in poverty. The former legislator told the court that, among his dependants, were two of his late brothers’ children, who were in tertiary. He told the court that one of his brother’s children was in primary school, while his daughter was in high school.

The former MP said two of his children attended preschool. He said even though he was not rich, he believed in helping the needy, as he took care of 150 needy children, who got sanitary towels, school shoes, as well as toothbrushes and toothpastes. Dube pleaded with the court to consider his sickly mother, children, his late brothers’ children, as well as the needy children when passing sentence. He stated that his continued stay in prison would worsen the situation of his dependants, in particular his 75-year-old mother. Dube continued to tell the court that it pained him to hear about the looting and burning of shops, as well as the shooting of people during the June/July 2021 unrest. He said it was not good to have a property burnt by people who he said wanted to serve their interests.

The former legislator declared his love for the King and respect for the country’s leadership. As a result, he said there was no way he could do anything seditious. He said his wish and prayer was to have people living in peace and finding ways to improve the economy. They are expected back in court on March 26, 2024, for submissions on the existence of extenuating factors or otherwise as well as submissions on mitigating factors.

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