MBABANE – The police allege that Mlungisi Makhanya and Swaziland News Editor Zweli Martin Dlamini coordinated activities during the 2021/22 unrest by phone.
Makhanya is the President of the People’s United Democratic Movement (PUDEMO), which is a proscribed entity.
The allegation is contained in court papers filed in support of Eswatini’s application for the provisional arrest and extradition of Ntokozo Kenneth Vilakati, popularly known as ‘Putin’, who is reportedly under arrest in South Africa over an allegation that he was in that country illegally.
In the papers, Assistant Superintendent Bhekani Shiba of the Royal Eswatini Police Service’s Organised Crime Unit, the investigating officer in the matter, alleges that firearms stolen from different places during the unrest were surrendered to Makhanya.
“Mlungisi Makhanya and Zweli Martin Dlamini were coordinating everything over the phone by giving instructions to those who were on the ground. All the firearms that were stolen at different places were surrendered to Mlungisi Makhanya,” Shiba states in his affidavit.
The allegations place the two men at the centre of the police account of the activities of a group described in the papers as the ‘underground solidarity forces’.
The investigator links the group to offences allegedly committed in the country’s four regions during the period of unrest between 2021 and 2023.
According to Shiba, Vilakati was a member of the group and allegedly acted on instructions from Thabo Kunene, whom the investigator identifies as the group’s commander, as well as other individuals, including Makhanya.
The allegations form part of the evidence presented by the director of public prosecutions (DPP) in seeking Vilakati’s provisional arrest pending extradition to Eswatini to face prosecution.
These are allegations contained in an affidavit whose veracity is yet to be tested in court.
Shiba links Vilakati to a number of alleged operations, including incidents at Dumako, the homestead of the late Chief Justice Bheki Maphalala and properties in and around Pigg’s Peak.
The investigator alleges that there was a plan to go to Dumako, where people were reportedly shot and killed. The papers also refer to a plan to proceed to the late chief justice’s homestead, where cattle were allegedly shot and killed and several houses burnt.
Vilakati is alleged to have participated in the operation at the homestead.
Shiba further states that there was a plan involving Rockland Company, a privately owned business. According to the investigator, a witness overheard Vilakati and Sibusiso Nxumalo discussing the burning of a truck belonging to the company.
The two allegedly travelled to Rockland in a vehicle belonging to Vilakati’s nephew, with registration number USD 584 BH. The investigator states that trucks and a forest were burnt that night.
Shiba further alleges that the witness overheard the pair discussing the burning of other places around Pigg’s Peak.
The following morning, the Central Transport Administration (CTA) block, which houses a government department, and the Pigg’s Peak Magistrates Court were allegedly burnt.
The investigator states that, when Vilakati was asked why government and privately owned property should be destroyed, he allegedly responded that Peak Timbers belonged to the Minister for Finance, identified as Neal, and should, therefore, be destroyed.
Shiba says Vilakati is linked to other offences through circumstantial evidence. The allegations concerning the different incidents form part of the investigator’s account of the activities attributed to the group.
Meanwhile, in her affidavit, Acting DPP Lomvula Hlophe describes the period of unrest between June 2021 and June 2023 as one characterised by serious damage to property, arson, deaths and injuries.
She submits that attacks during the period were directed mainly at members of the security forces, judicial officers, prosecutors, traditional authorities, regiments, Members of Parliament and members of the public.
The DPP’s application also refers to statements allegedly made by Kunene through Swaziland News, an online publication managed by Dlamini.
One of the statements, dated July 25, 2022, was allegedly published through the platform’s Facebook and YouTube channels.
According to Hlophe, Kunene spoke about the so-called solidarity forces, issued instructions and gave the nation 14 days to act. He allegedly demanded that the Umbutfo Eswatini Defence Force (UEDF), Royal Eswatini Police Service (REPS) and His Majesty’s Correctional Services give way to forces on the ground.
The acting DPP alleges that Kunene also wanted to deal directly with the King and threatened to kill children and destroy the homesteads of people who refused to comply with his instructions.
The statement allegedly contained threats directed at Senator Moi Moi Masilela’s vehicle, judges, magistrates and prosecutors, including the chief justice and Judge Mumcy Dlamini.
Hlophe further submits that threats were made against the Minister for Education, maidens participating in Umhlanga and regiments during Incwala.
The statement allegedly called for the cancellation of the Trade Fair, Umhlanga, Lusekwane and Incwala until a new government had been constituted.
The court papers refer to another statement allegedly made by Kunene on December 13, 2022.
In that statement, he allegedly urged the public to follow his earlier instructions and indicated that he had started working.
The DPP’s account refers to remarks about the late chief justice’s homestead, including alleged threats against police officers and others who were there.
Kunene allegedly threatened the King and regiments if Incwala proceeded.
The papers also state that he claimed responsibility for the death of Prince Mahloma in connection with a shooting incident at Zandondo on November 5, 2022.
The DPP further alleges that Kunene encouraged public transport operators to park their vehicles, warning that vehicles left on the road would be burnt. He allegedly referred to the use of weapons, including axes, guns, spears and bush knives, and said the country would become like the walls of Jericho.
A third statement, dated March 10, 2023, was allegedly delivered in a video in which Kunene wore a camouflage suit.
According to the papers, he allegedly encouraged attacks on Elections and Boundaries Commission (EBC) staff, including stoning them and invited members of the armed forces to join the solidarity forces.
The DPP relies on these statements as part of its account of the unrest and the activities allegedly associated with the group.
The papers identify several other people who were arrested on different dates and were allegedly in custody awaiting trial. They include Kunene, Sibusiso Nkomonye, Muzi Mnisi, Sibusiso Nxumalo, Percy Machocco Sithole, Xolani Simelane and Wandile Gina.
The investigators allege that members of the group acted on Kunene’s instructions and shared a common purpose in carrying out the offences under investigation.
In the founding affidavit, Acting DPP Hlophe asks for Vilakati to be provisionally arrested pending extradition to Eswatini.
The application relies on the 2002 Southern African Development Community (SADC) Protocol on Extradition and the extradition agreement between South Africa and Eswatini.
Hlophe states that a warrant for Vilakati’s apprehension was issued by the magistrates court in the Hhohho Region.
The offences for which he is sought include contravening Section 5 (1) of the Suppression of Terrorism Act, 2008, read with Section 2 (2)(a) to (d), as amended, as well as murder, attempted murder, malicious injury to property and arson.
The DPP states that there is a prima facie case against Vilakati and that he is expected to stand trial in the High Court in Mbabane.
The papers explain that Section 5(1) of the Suppression of Terrorism Act provides for a penalty of up to 25 years imprisonment or life imprisonment upon conviction.
They also set out the statutory definition of a terrorist act, which includes conduct involving death or bodily injury, serious damage to property, endangering life and other specified acts, where the required political, religious or ideological purpose and intention are established.
Hlophe further states that the prosecution is not motivated by political, military, racial, religious or national prejudice.
The affidavit addresses the time limits for prosecution, stating that the right to prosecute murder does not lapse, while other offences are subject to a 20-year period unless another period is expressly provided for by law. The DPP also states that Vilakati has not previously been prosecuted or sentenced for the offences in question.
The application seeks to bring Vilakati before the Eswatini courts to answer the charges. The allegations contained in the affidavits remain allegations to be tested through the applicable legal process.
