13 DAYS AFTER BEING ARRESTED; FORMER WARDER WANTS OUT OF JAIL

MBABANE – Thirteen days after being arrested, former warder Wandile Gina wants out of jail.

Gina, who has been charged for allegedly committing a terrorist act by killing a Correctional Services officer, Mike Mthethwa, and other offences, was arrested by Mbabane police on May 24, 2024.  He is alleged to have committed this offence while acting in common purpose with Muzi Mnisi, Sibusiso Nxumalo, Percy Machocco Sithole and others. They have been accused of committing the purported terrorist act for political and/or ideological purpose(s).

This act, according to the charge sheet, was intended to intimidate the public or sections of it, compel the Eswatini Government or security forces to refrain from carrying out their mandate and to bring about the overthrow by force or violence of the lawful Government of Eswatini. The offence was allegedly committed on October 19, 2022. Alternatively, Gina is facing a charge of murder for the death of Mthethwa. In the second charge, Gina allegedly stole a Galile rifle, with serial number 5245100932, which belonged to His Majesty’s Correctional Services.

Rifle

The rifle was stolen on October 19, 2022, at Sidwashini Correctional Services facility. Gina is alleged to have acted in common purpose with Mnisi, Nxumalo, Sithole and others, in the commission of the offence. Gina made his first court appearance last Friday at the High Court. He appeared before Judge Mumcy Dlamini. The court remanded him in custody until tomorrow, when he is expected to appear again for a remand hearing. The accused, who is represented by Leo Ndvuna Dlamini of L.N. Dlamini and Associates, has filed an urgent application for bail at the High Court. The application will be heard tomorrow.

Gina informed the court in his bail application that he was arrested on May 24, 2024, and is currently detained at Matsapha Maximum Correctional Services. He told the court that he was innocent of the charges and will tender a plea of not guilty during trial. He also informed the court that he would not skip the country’s borders once granted bail. “I am not a flight risk. I will not interfere with any prosecution witnesses and shall abide by the bail conditions, if so granted bail. I can never risk, escape and avoid trial,” Gina submitted.

He stated that he was not employed and has his roots in the Kingdom of Eswatini. The accused argued that his application was urgent, because he was allegedly innocent of the charges.
“The current deprivation of liberty while guilt has not been established is wrongful. It may please the court to allow me bail so that I may go back to fend for my children and parents.”
The veracity of these allegations is still to be tested in court. In the event it opposes the bail application, the Crown is expected to file its answering papers outlining its reasons for the opposition.

The composite summary of evidence attached to Gina’s charge sheet states that in June 2021, there was a civil unrest in Eswatini. During the unrest, according to the composite summary, government and most emaSwati had their properties seriously damaged and/or burnt and lives were lost and some injured. It states that a group of people who called themselves ‘underground solidarity forces’ emerged. The attacks were targeted mainly at security forces, judicial officers, prosecutors, traditional authorities, regiments and the public, stated the composite summary. It was further mentioned that on October 19, 2022, Mthethwa was on duty at Sidwashini Correctional Services and he was allegedly kidnapped by Gina, Mnisi, Nxumalo, Sithole and others, who are fugitives of justice. Mthethwa was taken to Ngwenya where he was murdered and dumped.

“The accused persons stole a service rifle that was in possession of the deceased. The deceased was found by the police on October 20, 2022. The police also retrieved cartridges casings at the scene.” Among the over 20 accused persons who face terrorism-related charges, those who filed applications for bail were opposed with vigour by the Crown. None of the accused persons has been released on bail to date. In Gina’s case, the police have confiscated his three cellphones and a laptop. 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 Eswatini.

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 cellphones and laptop 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. 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.

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