DAD TAKEN BY COPS DIES, CHILDREN DEMAND E10M

MBABANE - Children of a former employee of a sugar company are suing government for E10 million.

According to the siblings, their father, Mandla Solomon Maziya, died after he was taken to the police station by members of the Royal Eswatini Police Service (REPS), based in Simunye. However, the police are alleged to have said tests were conducted on Solomon on December 22, 2020, and he was found to have died of COVID-19.
He was suspected of having a hand in the disappearance of bags of sugar at his workplace.

Plaintiffs in the matter are Maphevu Maziya, who is representing three minor children of Solomon. The children are Nkosiyazi Maziya, Majahonkhe Maziya and Sibusiso Maziya. In their particulars of claim, the siblings submitted that on December 11, 2020, members of the REPS from the Simunye Police Station arrested their father as he was suspected in the disappearance of sugar bags at his workplace, which sugar was suspected to have been stolen.  

Particulars

As per the particulars of claim, one of Mandla’s relative alleged that, on the  day in question, he happened to be at the Simunye Police Station and he saw the deceased, who informed him that he was going to call him later to update him on the matter. The plaintiffs narrated to the court that on December 12, 2020, members of the REPS, led by police officers who identified themselves as Desk Officer Motsa and Sergeant Myeni, arrived at the deceased’s home and found one Bongani Myeni.

“The police informed Myeni that Mandla died while under investigation but they were, however, not clear on the cause of death as they were evasive on same,” alleged the plaintiff. The family members submitted that on December 21, 2020, they met with the police to get answers on the untimely demise of Mandla and again, the law enforcers could not give clear answers, save to admit that he died at their hands.

“Later, the police then lying suggested that the deceased might have died of COVID-19-related complications. However, on December 22, 2020, a test was conducted on the deceased and was found to have been COVID-19 negative per certificate that was issued on December 29, 2020. The deceased was then buried on January 3, 2021,” reads part of the particulars of claim. It was the plaintiffs’ argument that members of REPS wrongfully and negligently killed Mandla between December 11 and 12, 2020 and it was unclear how they killed him.    

Constitution

The siblings argued that the conduct of the police officers in allegedly killing the deceased while in custody was in breach not only of the Police Act, but fundamentally a breach of Section 14(2) of the Constitution. The police according to the siblings allegedly behaved in a manner thta failed to respect their obligations under the Bill of Rights.  It was the plaintiffs’ contention that at all material times, the members of REPS were acting within the course and scope of their duty as police officers.

“During his lifetime , the deceased had a legal duty  and contributed to the plaintiffs’ maintenance and upkeep. The plaintiff depended on the deceased for their livelihood ,” argued the sibling. The court was informed that plaintiffs were indigent, some minors and had no other source of support and maintenance.  

According to the plaintiffs, had Mandla not been killed he would have been legally obliged to continue to support them until they completed school and/or attain the maturity age.  They argued that the deceased had a right to life as guaranteed and protected under Section 15 of the Constitution of the Kingdom of Eswatini. The matter is still pending in court and appearing for the plaintiff is Human Rights Lawyer Sibusiso Nhlabatsi.

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