MBABANE – The attendance of the Incwala Ceremony by inmates, including former Minister for Public Works and Transport Ntuthuko Dlamini, has sparked widespread public outcry.
Social media platforms and private WhatsApp groups were abuzz with criticism of His Majesty’s Correctional Services (HMCS) for allowing Dlamini, who was convicted of triple murder, to attend the sacred ceremony at Ngabezweni Royal Residence.
Worth noting is that Dlamini was in attendance with other inmates.
Many questioned why a convicted murderer was permitted to mingle with traditional warriors at an event graced by His Majesty the King and Ingwenyama. They argued that it was inappropriate for HMCS to allow Dlamini to participate in such a culturally significant ceremony, which could have been attended by relatives of his victims.
Ntuthuko Tsembalenkanyeti Michael Dlamini was sentenced to 35 years in prison for the murders of Themba Tsabedze, Simon Sipho Shongwe and Sikhulu Shongwe. Initially sentenced to 20 years, his term was later increased by the Supreme Court.
The Acting Director of Public Prosecutions, Lomvula Hlophe, had argued that Dlamini’s conviction on three counts of murder and contravention of the Arms and Ammunition Act of 1964 should be treated as dolus directus (direct intention), rather than the High Court’s finding of dolus eventualis (foreseeing the possibility of committing an unlawful act).
This appears to be the first time that an incarcerated high-profile individual has attended the Incwala Ceremony, which is regarded as sacred in Eswatini.
However, HMCS defended its decision, describing Dlamini’s participation as part of its rehabilitation programme. Section 190 (1) of the Constitution of the Kingdom of Eswatini provides that ‘the Correctional Services for Swaziland (Eswatini) shall be responsible for the protection and holding on terms convicted persons and the rehabilitation of those persons and the keeping of order within the Correctional or prison institutions of the kingdom’.
Section 15 (1) further states that ‘a person shall not be deprived of life intentionally save in the execution of the sentence of a court in respect of a criminal offence under the law of Swaziland (Eswatini) of which that person has been convicted.’
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HMCS within law – human rights lawyer
MBABANE – The decision by His Majesty’s Correctional Services (HMCS) to allow former Minister for Public Works and Transport Ntuthuko Dlamini to attend the Incwala Ceremony, is lawful and consistent with inmate rehabilitation, according to human rights lawyer Sipho Gumedze.
A photograph of Dlamini attending Incwala recently circulated on social media, triggering heated debate, particularly on Facebook, with some users questioning why a convicted murderer appeared to be receiving what they described as “special treatment”. In the photo, he is seen, blended with other members of the regiments, deep in dance.
Dlamini was convicted of murder and related firearm offences for the fatal shooting of three members of the Luyengweni Inner Council on September 7, 2020.
The victims were Themba Tsabedze, Simon Sipho Shongwe and Sikhulu Shongwe. He was also convicted of possessing an unlicensed firearm.
Considering that he is a former minister, his trial also attracted media attention.
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Ex-offenders back Correctional Services
MBABANE – The Eswatini Association of Rehabilitated Ex-Offenders (ESWAREO) has thrown its weight behind HMCS, supporting the decision to allow Ntuthuko Dlamini to attend the Incwala Ceremony as part of his rehabilitation.
Speaking on behalf of the organisation, ESWAREO vice-president Khazi Mkhwanazi commended HMCS for what he described as a progressive and necessary approach to rehabilitation.
Mkhwanazi said the move demonstrated confidence in the Correctional system and reinforced the principle that rehabilitation should remain central to incarceration.
“This is very important for someone to be rehabilitated,” he said.
“Correctional services exist not only to punish, but also to correct behaviour and prepare inmates to return to society as responsible citizens.”
He said Dlamini’s attendance at Incwala, despite still being behind bars, suggested that he had shown sustained good behaviour.
“It is highly unlikely that HMCS would allow an inmate to attend Incwala if his conduct had not improved,” Mkhwanazi said. “Such decisions are not made lightly.”
Mkhwanazi added that rehabilitation was a gradual process that required trust, monitoring and structured exposure to society.
However, while supporting HMCS, ESWAREO cautioned that rehabilitation opportunities should not be limited to high-profile inmates.
“What HMCS has started is a good thing,” he said. “But these same privileges should be extended to other inmates who qualify, not only to well-known individuals.”
*Full article available in our publication
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