BACEDE FOUND WITH PHONE IN PRISON FOR 3RD TIME

MANZINI – “Who smuggled a cellphone to Mduduzi Bacede Mabuza in prison?”

His Majesty’s Correctional Services (HMCS) is grappling with this question after Mabuza, who is awaiting sentencing with his co-accused, Mthandeni Dube, was allegedly found in possession of a cellphone in prison. Mabuza and Dube, together with other terrorism-accused inmates, are detained at Matsapha Maximum Prison. For the third time, Mabuza has been reportedly found with contraband in his cell, during a random search at the Matsapha Maximum Prison. The contraband was a cellphone. According to sources, last week, the former Hosea Constituency Member of Parliament (MP), was allegedly caught with the cellphone in his cell.

Inmates

It is worth noting that the use of cellphones by inmates is prohibited in Correctional Services facilities, as they compromise the security of the institutions and as such, it is regarded as contraband. According to insiders, Mabuza was supposedly using the cellular phone to communicate with people outside the Correctional facility.

In fact, when the cellphone was found in Mabuza’s possession, two active investigations were underway, seeking to establish how he had come to possess cellphones while still behind the prison walls. This was because in the first instance, which was on December 10, 2021, the former legislator was found in possession of two cellular phones. The convicted legislator in this instance, issued a statement through his legal team and confirmed knowledge of the contraband.

This resulted in Mabuza being placed in solitary confinement at the maximum prison. Solitary confinement is a form of imprisonment distinguished by living in a single cell, with little or no meaningful contact with other inmates, strict measures to control contraband, and the use of additional security measures and equipment. The practice is used when a prisoner is considered dangerous to himself or to other inmates and is suspected of organising or being engaged in illegal activities outside of prison.

During this period, Mabuza was reportedly allowed one visitor, who brought him food at the Correctional facility, while his legal team was not allowed to see him for consultations. Subsequent to that, on September 12, 2023, Mabuza was again allegedly found in possession of the contraband.
It was claimed that a Correctional officer discovered that Mabuza had connected headsets to the cellphone, supposedly as a form of disguising it.
According to insiders, the convicted former legislator’s use of the headsets betrayed him in that they muffled any sounds such that he could not hear any other sound.

This resulted in the cell, which he occupied, being searched by members of the Rapid Response Unit and a Samsung cellphone was found. The repetition of the offence resulted in the HMCS imposing a six-month visitation and communication ban on Mabuza. The curtailing of these rights came after the former legislator was found guilty of having repeatedly flouted the Correctional Services Regulations, which prohibit the possession of articles such as cellphones and unlawful communication.

According to the facility, at least on four different occasions, Mabuza had faced internal disciplinary hearings, which compelled it to curtail not only physical visitation, but also his telephonic communication. The suspension of these rights was disclosed by the authorities of the institution, in its papers, where it was robustly opposing the application filed by Mabuza’s children and his wives who sought to visit him.

The suspension of his visitation rights and communication lapsed on March 13, 2024 and about seven weeks later, Mabuza was reportedly found with the contraband again. HMCS Public Relations Officer (PRO) Gugulethu Dlamini confirmed that contraband was found in Mabuza’s possession. She said an enquiry file had been opened in order to investigate how the cellphone got into the prison. Dlamini said it was a criminal offence for an inmate to be found in possession of contraband. The PRO further confirmed that the discovery of the mobile phone in Mabuza’s possession was the third instance since he was incarcerated in the facility in July 2021.

Investigations

Dlamini said there were still ongoing investigations, which sought to establish how on December 10, 2021 and September 12, 2023, Mabuza got to have cellular phones in his possession. Following the confiscation of the said cellphones, in what was said to be random searches within the Correctional facility, the Commissioner General (COMGEN) Phindile Dlamini, instituted investigations. The former legislator is currently detained at the Matsapha Maximum Prison, with his co-accused, former Ngwempisi MP Dube. Mabuza was recently found guilty of terrorism and murder, among other charges, together with his co-accused.

Meanwhile, the former legislators’ legal representative, Ben J. Simelane, said he was not aware of his client having been found in possession of a cellphone while in prison. Simelane said he met the two former MPs in prison and did a post-mortem of the court proceedings of Tuesday. On Tuesday, Mabuza and Dube, as well as the Crown, made submissions on sentencing before Judge Mumcy Dlamini.

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