DUO ARRESTED FOR BURNING OF CJ’S HOME FACES 12 CHARGES

MBABANE – The two men, who have been arrested for, among other offences, allegedly burning houses at Chief Justice (CJ) Bheki Maphalala’s homestead, called themselves members of the solidarity forces.

Percy Machocco Sithole of Mbulungwane and Xolani Simelane of Dzakasini, have been slapped with a total of 12 charges. They are facing six charges of attempted murder and six of contravening Section 5 (1) of the Suppression of Terrorism Act, 2008. Their arrest brings the number of those arrested and charged under this Act to 25. Sithole appears in only one of the 12 charges. It is alleged that they committed the offences acting jointly with the others who were first to be arrested, including the self-confessed commander of the solidarity forces, Thabo Kunene. The duo was arrested last Friday while at Mbulungwane and Dzakasini, respectively. Upon his arrest, Simelane is alleged to have pointed out 31 live rounds of ammunition buried in the yard at his parental homestead.

Remanded

The duo made their first court appearance at the High Court before Judge Mumcy Dlamini, who remanded them in custody until next Tuesday. It should be noted that the High Court is the court of first instance when it comes to matters touching on Suppression of Terrorism Act, 2008. In a composite summary of evidence, the Acting Director of Public Prosecutions (DPP), Lomvula Hlophe, narrated how the duo was allegedly implicated in the 12 counts. She submitted that on October 15, 2021, Sindzandlala government deport was burnt. According to Hlophe, the items which were burnt included a tipper truck, front loader grader, dump truck Bell. She said the total value of the heavy plant machinery was E1 696 105.  Hlophe submitted that evidence showed that people from different places such as Mbelebeleni, Jerusalem and Dzakasini gathered at Mbulungwane Shopping Complex.

The group, according to the DPP, started singing political songs like ‘Zabalaza Umzabalazo’, ‘Asisiwo Emagwala’ , ‘Phansi Ngahulumende Wetinkhundla Phansi’ and ‘Sakha Live’.  She alleged that the group then started toyi- toying along the road and burnt some tyres on the same road. She said this resulted in motorists not being able to use the road as it was completely closed by the group. “There is evidence the second accused (Simelane) was the one who was burning the tyres. The first accused (Sithole) joined the group, below Mbulungwane. When he joined the group he (second accused) was carrying a five-litre container filled with diesel.

Along the way, the group demanded more tyres from a Mkhonta homestead and the Mkhonta family gave them,” reads part of the composite summary of evidence. She alleged that the group then went to Sindzandlala government deport, under the Ministry of Public Works and Transport, and upon arrival, they burnt the government machinery.  She averred that evidence allegedly showed that Simelane and others, who are still at large, were the ones who actually burnt the machinery. The matter was then reported to the police.

Investigations

The police had been conducting investigations ever since. The DPP highlighted that accused persons could not be arrested immediately after the commission of the offences. She stated that information gathered was that after committing the offences, the duo left the country to the Republic of South Africa. It was further her evidence that on November 5, 2022 at Dumako, the Dumako Police Post and RDA was allegedly attacked by Simelane  who was in the company of others. She informed the court that during  the attack, shots were fired which resulted in the death of Mfanasibili Gina, who was a tractor driver. “A police officer who was in the company of another person were also shot. The police officer sustained injuries during the attack,” submitted the DPP.  She stated that cartridge cases were retrieved by the police from the scene of crime. Hlophe further related  to the court that on November 21, 2022, Simelane and others allegedly  arrived at Jerusalem at night.

The DPP  stated that accused persons fired gunshots and instructed everyone in the homestead to come out of their houses. “They burnt five  houses valued at E3.5million, shot five cows valued at E75 000., a calf valued at E7 000, one 5 000-litre tank with fittings valued at E10 000 and one 10 000-litre tank with fittings amounting to E15 000. They shouted that solidarity forces have arrived and instructed the people at the homestead to inform the chief justice to release Bacede and Mthandeni. The police were called and they arrived at the scene and cartridge cases were recovered at the scene of crime.” The DPP stated that on March 29, 2024 the police received information through their intelligence that the Simelane was coming to Eswatini.

“Acting upon the information the police arrested Simelane while at Mbulungwane. Upon his arrest he pointed out 31 live rounds of ammunition buried in the yard at his parental homestead. On the same day, Sithole  was also arrested at Dzakasini,” reads part of the summary of evidence. She brought it to the court’s attention that the names of witnesses were deliberately omitted due to safety reasons.

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