MBABANE – Hugs, singing, dancing and prayer were the order of the day yesterday afternoon as 14 Africa Evangelical Church (AEC) pastors were released from Sidwashini Correctional Services.
Over 40 members of the church waited patiently outside the Sidwashini Correctional Services yesterday and were beside themselves with joy and excitement when the pastors were released. The church members, mostly women, while waiting for the church leaders’ release, were singing at the entrance of the Correctional facility.
They were in groups and also chatted about how they had endured the toughest of times in the last few days, given that their leaders were spending nights behind bars.
After a few hours of waiting, the pastors were released and they came out walking slowly towards the gate, where they were met by loud cheers of excited members.
Once outside of the Correctional facility, they were embraced with hugs and shaking of hands as the congregants sang and danced in jubilation.
Meanwhile, prior to their release from custody, the AEC pastors cited the case of the president of the Law Society of Eswatini, who was not so long ago incarcerated for contempt of court.
The LSE president was released after he challenged his incarceration and, pending the application, which will be heard by a full bench, he was released from Sidwashini Correctional Services.
Fourteen of the pastors of AEC, who are based in different branches, yesterday filed an urgent application in the High Court, seeking an order declaring their continued detention by the commissioner general of His Majesty’s Correctional Services unlawful, unconstitutional and without legal basis.
They also prayed for an order that they be released forthwith on the basis that noting an appeal in the Supreme Court operates as an automatic suspension of the contempt conviction and sentence of seven days granted by Judge John Magagula. The pastors, who were represented by Nhlanhla Ginindza of N.E. Ginindza Attorneys, further wanted the court to release them on bail pending appeal.
The applicants, who were sentenced to seven days in prison for contempt of court, argued that their continued detention was unlawful because they had filed a formal appeal against their conviction and sentence. They contended that under legal precedent, a pending appeal automatically suspends the lower court’s judgment.
On August 29, 2025, the Judge John Magagula convicted and sentenced the pastors to seven days in prison for contempt of court for defying a court order interdicting them from holding a church conference at Nyanza High School in Bhunya, while the church was holding a conference at Ka-Boyce High School on the same weekend of August 28 – 31, 2025.
In their urgent application, the pastors stated that: “It is trite law that the noting of an appeal operates as an automatic suspension of the judgment or order appealed against, unless execution pending appeal is expressly ordered. No such order was granted in this matter.” They alleged that despite this, the commissioner general of His Majesty’s Correctional Services refused to release them from custody.
They describe the matter as inherently urgent due to their being deprived of liberty under an order that stands suspended by operation of law. Every day of continued incarceration, they argued, caused grave and irreparable harm.
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