POLICE CONFISCATE EX-WARDER’S 3 CELLPHONES, LAPTOP

MBABANE - The police have confiscated three cellphones and a laptop belonging to former warder Wandile Gina.

The cellphones and laptop are said to contain vital information, which includes Gina’s communication with others, who are still wanted in connection with cases relating to the unrest that occurred two years ago in the country. During the unrest, government and members of the public had their properties extensively damaged and/or burnt, and lives were lost while others were injured.  The gadgets are said to also contain text and WhatsApp messages between Gina and some leaders of political formations, who are now people of interest to the police.

Confiscated

Also among the items which the police found in Gina’s possession and subsequently confiscated, were two pictures of him (Gina), with the President of the People’s United Democratic Movement (PUDEMO), Mlungisi Makhanya. The police further confiscated a computer hard drive, which the investigators said they reasonably believed contained information which might assist them as they deepen their investigations into the cases of the unrest. The hard drive was found in Gina’s possession when he was arrested.  The order allowing the police to keep the gadgets for further investigations was granted after the prosecution had moved an application in terms of Section 23(1) of the Suppression of Terrorism Act of 2018.

The section provides that a police officer may, for the purpose of preventing the commission of an offence under this Act or preventing interference in the investigation of an offence under this Act, apply ex parte (without the knowledge of the other party) to a judge of the High Court for a detention order. In the application to confiscate the gadgets, the investigator of the matter, Detective Inspector Friday Mabuza, narrated how Gina led them to different places in the country to retrieve the gadgets.    

He informed the court that on May 25, 2024, Gina was found in possession of three cellphones at Ngwane Park.  The investigator submitted that he reasonably believed Gina used the cellphones as communication tools to commit acts of terrorism. Mabuza brought it to the court’s attention that the cellphones would be used as exhibits during Gina’s trial. “He then led the police to Nkwalini area, where he pointed at a compact CPU, external hard drive and two photographs where he was with Mlungisi Makhanya and Bheka Makhanya. I seized all the items after due caution as an exhibit in the case,”submitted the investigator.

Machine

The central processing unit (CPU) is the primary component of a computer that acts as its ‘control center’. The CPU, also referred to as the ‘central’ or ‘main’ processor, is a complex set of electronic circuitry that runs the machine’s operating system and apps. Detective Mabuza said he then seized all the items as exhibits in the presence of Gina and independent witnesses, after making all the necessary cautions in terms of the judges’ rules. He highlighted to the court that Gina had been charged for contravening the Suppression of Terrorism Act of 2008, among others offences.  He then applied for the detention of the items in terms of Section 23(1) of the Suppression of Terrorism Act of 2008.

He averred that this was for the purpose of prevention of commission of an offence under the said Act and such exhibits would be used in court in the trial of the respondents.  
The order allowing the police to continue keeping the items was granted by Judge Mumcy Dlamini, after an application was moved by Principal Crown Counsel Macebo Nxumalo.  
Meanwhile, the prosecution had applied to the chief justice (CJ) to have Gina summarily indicted at the High Court. The accused made his maiden court apperance last Friday, where he was remanded in custody. In the composite summary of evidence that was presented in court, it is alleged that Gina, with the assistance of Sibusiso Nxumalo, Percy Machocco and others, kidnapped Correctional Services officer Mike Mthethwa, who was on guard at Sidwashini Correctional Services. The incident happened on October 19, 2022.

Killed

It is alleged that Mthethwa was taken to Ngwenya, where he was killed and his body dumped.  According to the summary of evidence, the accused person, acting together with others, stole a service rifle that was in Mthethwa’s possession, whose body was found by the police on October 20, 2022.  The police are said to have retrieved cartridge cases at the scene.
“A group of people who called themselves ‘underground solidarity forces’ emerged. The attacks were targeted mainly at the armed forces, judicial officers, prosecutors, traditional authorities, regiments and the public,” reads the charge sheet in part. Gina has been charged for contravening Section 5 (1) of the Suppression of Terrorism Act 2008, read with Section 2 (2) (a) and (e) of the Act, as amended. The application to indict Gina was moved by the Crown in terms of Section 88bis of the Criminal Procedure and Evidence Act of 1938.

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