I’M MARKED FOR DEATH IN PRISON - BACEDE
MBABANE – “I’m marked for death.”
Former Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza has alleged that there is a plan to assassinate him in prison. Mabuza, who is serving a sentence of 25 years, filed an urgent application at the High Court yesterday and alleged that there is a plan to kill him in prison. “Just like the son of man, I have been sold out to inmates at Matsapha Maximum Prison for 30 pieces of silver and in the process marked for death, yet this facility is supposed to be the safest place in the kingdom. “At this point I harbour a serious apprehension that my life and that of my legal team are in gross jeopardy, taking into account that the planned assassination is concocted by law enforcement officers,” Mabuza alleged.
The former MP made these allegations in his urgent application where he purported that his legal representatives were denied access to him for consultation purposes. Mabuza also alleged that he was not allowed access to the prison telephone and having his daily exercise in open air as advised by his doctor. In his papers, Mabuza submitted that, in the circumstances, his constitutional rights were trampled upon reportedly by Correctional officers ‘who in all the episodes of my ill-treatment state that they are carrying out the orders of the ‘madam’ (commissioner general)’. “May I hasten to inform this honourable court that the biblical Judas herein is one ASP Joshua Du Pont and his equally wicked disciples are; Mandla Sibiya, Sifuba Dlamini, Mshishi Shongwe, Indvuna Nzimandze and their hit man being one of Tibondza, a hardened criminal.
Threatening
“I submit that it is an open secret that ASP Du Pont hates my guts and has been threatening me ever since my unlawful jailing that he will never ever service me positively while on duty and blames me for the unfortunate events of June 29, 2021,” Mabuza submitted. The veracity of these allegations is still to be tested in court. The commissioner general of His Majesty’s Correctional Services and other respondents are still to file their answering papers. Mabuza is represented by Mzwandile Masuku of Ben J. Simelane and Associates. Crown Counsel Sibonginkhosi Dlamini appears for the commissioner general and attorney general.
Punching
He argued that the Constitution of Eswatini is touted as the supreme law of the kingdom, yet he had been allegedly denied the enjoyment of his constitutional rights to speedy medical attention and legal representation and, worse, ‘I have been reduced to a punching bag for recruits on numerous occasions while in detention’. “Following on the trail of my planned assassination, on or about June 22, 2024 I approached ASP Mshishi Shongwe and other officers for purposes of investigating the matter and to ensure that my life was protected going forward. May I inform this honourable court that they promised to come back to me the following day.
Movements
“Seeing that nothing was forthcoming, at or about 9am on June 26, 2024, I again approached ASP Mshishi Shongwe to ascertain if there were any positive movements on my matter. He informed me that the Deputy Officer-in-Charge Nxumalo was attending to the matter. “May I state that all this happened within the compound of the maximum prison, and in the process the other inmates started gathering and demanded that I address them on the issue of my planned assassination as they were aware and against it,” Mabuza narrated.He said upon those developments, the other inmates were immediately ushered into their cells. Further, he submitted, in that commotion Dlamini allegedly ‘started barking instructions to about 15 recruits to attack me as no inmate cannot address other inmates in his house’.
Hastily
“May I hastily inform this honourable court that DOC Nxumalo had also arrived a while later and is in fact the one who informed Dlamini that concomitant action must be taken against myself and the recruits followed his orders to the letter. “To that end I was assaulted by the over 15 recruits and, thereafter, bundled into my cell. May I state that I was never afforded medical attention immediately after the drubbing, let alone within 24 hours. I was just left there to lick my wounds and for their benefit, die in the process,” the former MP alleged.
He said what was more was that his attorney, Ben J Simelane, was allegedly denied access to him for consultation purposes soon thereafter, by Officer Ndzimandze. He averred that the officer informed him that he had orders to block Simelane from consulting with him.
Privileges
Mabuza informed the court that his attorney was turned back and that happened around the period of his assault. “From that day onwards my privileges and constitutionally guaranteed rights have been taken away, as I am now denied; the use of the prison telephone; access to my legal team telephonically and further prohibited from physically exercising in open air and was subsequently forced to consult with my legal team in the open yard of the maximum prison. “May I hasten to inform this honourable court that all these unlawful acts against myself were not preceded by a hearing in line with the Correctional Regulations and in casu amounts to a breach of the rules of natural justice,” he stated.
Inhuman
Mabuza also told the court that his attorneys were members of the Law Society of Eswatini. He said it was incumbent upon them to ensure that he was not subjected to inhuman treatment and possible confrontation with hardened criminals within the facility.Mabuza also submitted that the Eswatini Commission on Human Rights and Public Administration/Integrity is equally enjoined to promote and protect his rights and those of his legal team. The matter will be heard by Judge Titus Mlangeni on Tuesday.
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