BACEDE SURVIVES ON PEANUTS, JUICE; WIFE WITHDRAWS CASE

MBABANE – Former Hosea MP Mduduzi Bacede Mabuza is said to be surviving on peanuts and fruit juice in prison.

Mabuza wants the High Court to order the Commissioner General of His Majesty’s Correctional Services (HMCS), Phindile Dlamini, to allow him to have meals prepared and brought from outside prison.  He is serving a sentence of 25 years at Matsapha Maximum Prison, together with former Ngwempisi Member of Parliament (MP) Mthandeni Dube. The latter is serving a sentence of 18 years.

The commissioner general (COMGEN) opposed Bacede’s application, arguing that records showed his relatives brought him food from KFC, Nando’s and Galito’s, despite that he said a doctor recommended a special diet for him because of a medical condition he has. The matter was argued before Judge Titus Mlangeni yesterday. Bacede is represented by Mzwandile Masuku and Mhlengi Mabuza, while Crown Counsel Sibonginkhosi Dlamini appears for the COMGEN and attorney general (AG).

Commensurate

Masuku informed the court that most of the types of food that are commensurate with the doctor’s prescribed diet are not provided at the Correctional Services facility. “The last time I checked on the applicant (Bacede), he was surviving on peanuts and fruit juice,” said Masuku. During the argument of the matter, Sibonginkhosi submitted that in terms of the law, it was provided in the Correctional Services Act that a civil prisoner and an unconvicted criminal prisoner may, subject to examination and to such other conditions as may be prescribed, be permitted to maintain himself, and at proper hours to purchase food, clothing or other necessaries or receive them from private sources.

Judge Mlangeni asked if Mabuza was examined and Sibonginkhosi said an examination was performed on all inmates upon admission to a Correctional centre. Sibonginkhosi told the court that the COMGEN has a duty to comply with the law without discrimination. Judge Mlangeni asked if there was any conceivable exception that could arise and require different treatment, at the latest, sentencing.  The judge also asked if this was not a veiled challenge on the statute provisions given the nature of its wording.

“Theoretically, a convict can say if he can afford to look after himself for life, why can’t he, without upsetting anything?”
Sibonginkhosi said he foresaw camps within prison if Bacede was allowed to have meals from outside prison. He said this could open floodgates. Sibonginkhosi explained that when food was brought from outside, an inmate had to be monitored when eating and if there was any leftover food, the one who brought it had to take it away. The monitoring exercise, according to Sibonginkhosi, can be very hectic if more inmates are allowed to have private meals. He pointed out that no one was discriminating against Bacede.

The cut-off point, according to the judge, is that the privilege for private meals is hinged on the presumption of innocence of the inmate. Sibonginkhosi said even after conviction, because the Correctional Services would not know how long the inmate’s sentence would be. He informed the court that all inmates should be treated equally. He also stated that the COMGEN had a duty to ensure that all inmates are treated equally and there is no discrimination.  In the absence of any challenge on the legislation, Sibonginkhosi submitted, Bacede’s application could not stand.

Aware

On another note, Sibonginkhosi told the court that the Correctional Services was not aware of Bacede’s medical condition or reports. He also said it was not all the food that was supposed to be provided by the Correctional Services that was currently unavailable at the facility.  Judge Mlangeni asked Bacede’s attorney if his client would be amenable to participating in formulating a diet based on what was available, commensurate with the doctor’s prescription.  The attorney submitted that Bacede could be available, but the challenge would be that some of the foods commensurate with the doctor’s prescription are not available in prison. Sibonginkhosi said the attorney general would not ask for costs, considering that Bacede is an inmate. Judgment in the matter has been reserved.

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