MBABANE – At least over 30 years since charges of treason were preferred on anyone in the country, self-proclaimed ‘Commander’ of the Solidarity Forces, Thabo Kunene and his six co-accused are the latest to be charged with this offence.
Their indictment has been amended to include a charge of high treason, which is one of the 78 charges they are facing. High treason is the crime of disloyalty to the Crown. It is the severe crime of disloyalty to one’s country, specifically by attempting to overthrow its government, aid an enemy during war or harm the head of State.
Kunene’s co-accused are Sibusiso Nkomonye, Muzi Mnisi, Sibusiso Nxumalo, Percy Machoco Sithole, Xolani Simelane and Wandile Gina. Apart from high treason, the accused were initially charged for allegedly contravening the Suppression of Terrorism Act, 2008. Alternative charges include attempted murder, malicious injury to property and murder, among others.
The offences were committed during the period of the civil unrest in 2021/22, where a number of people, including law enforcement agents among others, were killed, property was set on fire and vandalised.
The last time a charge of treason was preferred on anyone in the country was in the 90s. Ten members of the People’s United Democratic Movement (PUDEMO) were charged with treason in the early 90s.
The accused persons were arrested on different dates and yesterday the Crown applied to conjoin them under the amended indictment, which now carried the charge of high treason. Acting Director of Public Prosecutions (DPP) moved the application. Judge Nkosinathi Maseko granted the application and explained it to the accused.
In the composite summary, the Crown alleged that Kunene, among other people, threatened the chief justice and Judge Mumcy Dlamini. According to the summary of the evidence against the accused, Kunene, identified as the group’s commander, allegedly issued multiple public statements via video and audio recordings, threatening violence and destruction. In one statement on July 25, 2022, he allegedly declared: “He and his group will carry out terrorist activities throughout the country. He made it palpably clear that they have arrived as solidarity forces.”
In this same statement, Kunene reportedly issued a 14-day ultimatum to the armed forces, urging them to give way to the ground forces as they wanted to deal directly with His Majesty the King to overthrow him. He also allegedly threatened to kill members of the armed forces and their families, warning that they will be followed wherever they go and be killed.
Further threats, according to the State’s summary, were directed at a wide range of individuals and institutions. Kunene allegedly gave a 14-day ultimatum to the Speaker of the House of Assembly to take a petition to Parliament, threatening to kill the children of Members of Parliament who did not comply. He also allegedly made specific threats against judges, magistrates and prosecutors.
The charges also include allegations of direct violence and property damage. The summary asserts that the accused, acting on Kunene’s instructions, allegedly shot and killed law enforcement officers, traditional leaders and civilians. They are also accused of attempting to kill others and of burning and destroying government properties, public schools, motor vehicles and private property.
The Crown further alleged that Kunene constantly confirmed his involvement in these acts. In one statement on December 13, 2022, he allegedly claimed responsibility for the death of Chief Mahloma and warned that the bloodshed at the homestead of the chief justice was not a mistake as this was intentional. The prosecution asserts that these actions were part of a hidden and sinister agenda, with prominent politicians allegedly wining and dining with devils incarnate under the cover of darkness. The names of State witnesses have been deliberately withheld for safety reasons. The accused are all represented by Professor Dlamini.
In a statement Nxumalo recorded with the police, he revealed the identity of the commander of the Swaziland Solidarity Forces, whom he said was a former police officer. Nxumalo’s statement forms part of the evidence against him and his co-accused Mnisi and has been used to formulate some of the 38 charges against them.
The veracity of the allegations made by Nxumalo in the statement is still to be tested in court.
Nxumalo also revealed to the police that they received amounts ranging from E200 to E500 and how they were trained in the Republic of South Africa.
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Court adds 4th accused to terrorism case
MBABANE – The High Court has granted the DPP’s application to co-join a fourth accused to the terrorism case, which includes offences committed at Hosea where electric poles were cut.
The application was granted by Judge Nkosinathi Maseko and it saw Qiniso Mkhatshwa join Bhekani Crisper Nhleko, Sibusiso Bho Thwala and Mfanukhona Thabani Mangwe, who were arrested earlier.
The four stand accused of contravening the Suppression of Terrorism Act of 2008. It is alleged in the amended indictment that between December 14 and 16, 2021, the accused, acting individually or in furtherance of a common purpose with eight other people still at large, committed ‘terrorist acts’ in the Shiselweni Region.
According to the amended indictment, the accused are alleged members of a terrorist group and are accused of arranging meetings to further the group’s activities. They are also charged with causing serious damage to property by cutting electric and telecommunications poles and then placing them on public roads.
The prosecution contended that these acts were committed for political and/or ideological purposes and were calculated to intimidate the public, unduly compel the Eswatini Government to refrain from carrying out its mandate and/or to bring about the overthrow by force or violence of the lawful government.
The indictment also noted that as a result of these actions, there was a total electricity blackout in several areas, including Hluthi, Mantambe, Hosea and the Hluthi Clinic. The charges carry a potential sentence of up to 25 years in prison or life imprisonment.
In an alternative count, the accused face charges of malicious damage to property. The prosecution alleged that they unlawfully and intentionally damaged electric and telecommunication poles belonging to Eswatini Post and Telecommunications Service and Eswatini Electricity Company. This alternative charge also carries a penalty of a maximum sentence of 25 years or life imprisonment. The Acting Director of Public Prosecutions (DPP), Lomvula Hlophe appeared for the Crown, while Professor Dlamini was representing the accused.
Eswatini Electricity Company (EEC) is said to have incurred a loss of E1 150 430 as a result of the damaged or cut poles and cables.
*Full article available in our publication.
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