UNREST SHOOTINGS: E14.9M LAWSUITS AGAINST GOVT

MBABANE – Government has so far been sued about E15 million in total by members of the public who were shot during the political unrest in June and July.

The first one to approach the court is a teenager of Mbasheni, who alleged that he was shot by soldiers when he was on his way home from Pigg’s Peak, where he had gone to a buy a cabbage. He is demanding E4.9 million in compensation. Others include a man whose mother died after being allegedly assaulted by soldiers at Mashibhini, and is demanding compensation from the army for the death of the 54-year-old woman.

A recent case is that of a man of Lobamba, who is suing government for E2 million after police officers allegedly kicked the stitched stump of his recently amputated leg. Thomas Nhlanhla Tsabedze’s leg was amputated after he was shot allegedly by members of the security forces during the countrywide protests for political change that began at the end of June 2021.

Justification

Thomas said on August 1, 2021, at about 1am, around Mvutjini, he was at the homestead of one Matobane Tsabedze and police officers arrived and, without legal justification or cause, allegedly heavily assaulted him by injuring him on the amputated leg by kicking him on the stump until the stitches broke up, leaving a gaping wound. He alleged that the assault took place in public at Mvutjini. The police, according to Thomas, allegedly left him unattended after the reported assault. He said he could not undergo medical treatment, psychological and trauma assessment. He stated that the stump on the amputated leg was rotting away.

Assault

At all material times of the assault, according to Thomas, the police were acting within their course and scope of their employment as police personnel of the Government of Eswatini.  He said they were allegedly acting on the direct command of the commander-in-chief and national commissioner of police in terms of Section 4(3)(b) of the Constitution of Eswatini. He submitted that the police and government were vicariously liable. “In the premise and as a result of the unlawful assault, the plaintiff suffered damages in the amount of E2 million for which the Government of Eswatini and/or the REPS are legally liable,” Thomas said. The veracity of these allegations is still to be tested and government is yet to respond to the allegations. Thomas is represented by Leo Ndvuna Dlamini of LN Dlamini and Associated.

In another matter, a 27-year-old man of Maphalaleni in the Hhohho Region is demanding E5 million from government after his leg was shot allegedly by the police on June 29, 2021, which was the peak of the unrest that turned violent. Crimildio Kash submitted that he was shot without legal justification or cause. He alleged that his leg had an injury after the reported shooting. According to Kash, the incident happened at Mvutjini in full view of members of the public. He said he was hospitalised at Mbabane Government Hospital for a period of eight days.

“As a further result of the assault, the plaintiff (Kash) had to undergo medical treatment for shock, psychological and trauma assessment.  “At all material times of the assault, the REPS/police were acting within the course and scope of their employment as police personnel of the Kingdom of Eswatini and further acting on the direct command of the commander-in-chief and the national commissioner of police in terms of Section 4(3) of the Constitution of Eswatini for which government and the police are vicarious,” he submitted. Kash said in the premise, and as a result of the assault, he suffered damages in the amount of E5 million for which government and the police were liable.   

Lawsuit

Mlandvo Dlamini, the first person to file a lawsuit after being shot allegedly by soldiers, is a 17-year-old teenager of Mbasheni in northern Hhohho, who is demanding over E4 970 350 from the Umbutfo Eswatini Defence Force (UEDF). He alleged that he was shot by soldiers who were acting on a direct command of the commander-in-chief of the defence force and the army commander. A sum of E600 000 of the amount demanded by the teenager is in respect of shortened life expectancy.

Dlamini alleged that members of the army, who were dispersing community members at Mbasheni, allegedly shot him while he was alighting from a bus. He said he was not part of the protests but was from Pigg’s Peak town, where he had been sent by his parents to buy a cabbage. He claimed that the soldiers assaulted him by shooting, cutting/breaking his leg with service rifles.  He said when he was shot, the soldiers were dispersing some community members who had blocked the road using a wreckage of a kombi.

Assaulted

In his particulars of claim, Mlandvo submitted that on July 1, 2021, at about noon, members of the UEDF unlawfully and heavily assaulted him by shooting him in the left leg with a service rifle. These are allegations contained in an affidavit whose veracity is still to be tested in court. The army is yet to file its papers in the event it is disputing the allegations levelled against its members.

A police officer, who is based at Nhlangano Police Station under the Criminal Investigations Department (CID), is demanding E1 million each from one of his colleagues and a businessman who allegedly accused him of being corrupt. Mzwandile Mchaka Khumalo wants the trio of Zakhele Masuku, who is attached to the same department in Nhlangano, the businessman, Mabandla Gama of Maseyisini and a Nhlangano-based Eswatini Posts and Telecommunications Corporation employee, Musa Dlamini, to compensate him in the sum of E3 million.

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