Courts

MBABANE - The Crown alleges that there is no doubt that businessman Zweli Dlamini intended to attack Incwala Ceremony attendees purportedly as per ‘commander’ Thabo Kunene’s mandate.

When Zweli’s bail application was argued yesterday, the Crown submitted that it is common cause that there was an unrest in Eswatini and a lot of emaSwati lost their properties and lives through killings by the members of the underground Solidarity Forces.

In 2023, according to the Crown, members of the Solidarity Forces attempted to kill two individuals who had attended the Incwala Ceremony. “This was pursuant to the declaration made by one Thabo Kunene (currently in custody) to the effect that the Incwala attendees should be attacked in order to overthrow the lawful Government of Eswatini.

“Therefore, since the applicant (Zweli) is a member of the proscribed People’s United Democratic Movement (PUDEMO), there is no doubt that he was intending to carry out the same mandate as per the July 25, 2022 declaration by Kunene. It is further common cause that the applicant was arrested during the month of December 2025 and the Incwala Ceremony commenced on December 20, 2025,” argued the Crown in its heads of argument. Zweli is accused of serious terrorism and weapons charges.

The Crown contended that the accused posed a significant threat to national security, specifically alleging an intent to disrupt the Incwala Ceremony.

He was linked to the Solidarity Forces. The Crown’s opposition hinged on Zweli’s membership in PUDEMO. The prosecution argued that there was no doubt Zweli intended to carry out the July 25, 2022, declaration by Kunene, which called for attacks on libutfo (regiments) to overthrow government.

When Zweli was arrested, the police reportedly recovered a different weapons, including an M26 military green high explosive grenade, 9mm P Glock semi-automatic pistol and multiple magazines and a total of 137 live rounds of various calibres. The prosecution described the M26 grenade as a weapon of mass harm, representing a clear and present danger to those attending the Incwala Ceremony.

The Crown further argued that the accused was a significant flight risk. In his founding affidavit, Zweli admitted to holding dual citizenship and maintaining a residence in Pretoria, South Africa, alongside a home at Mpolonjeni, Mbabane.

The prosecution submitted that Zweli is a director in four South African companies -United Eswatini Diaspora, Athena Plant Hire, MZ Digital Secure, and University Geeks -which he allegedly failed to disclose.

The Crown argued that his financial standing and secondary business infrastructure in South Africa provided the physical and legal means to evade trial, stating that he was likely to abandon his Eswatini assets to avoid a potential life sentence. Regarding the integrity of the trial, the Crown submitted that Zweli was likely to interfere with witnesses if released. This concern was supported by the fact that several of his alleged associates in the Solidarity Forces remain at large.

The prosecution argued that the accused is familiar with the identity of certain witnesses and that, given the small size of the community, the Crown could not guarantee the safety of those set to testify against him.

Citing Section 96(4) of the Criminal Procedure and Evidence Act, the Crown maintained that the interests of justice would be prejudiced if he is released.

The prosecution argued that the volatile political climate and the brutal manner of previous alleged Solidarity Forces actions meant that releasing the applicant would undermine public confidence in the criminal justice system and disturb public peace. It was further argued that Zweli failed to discharge the onus of proof required to show that his release was in the interest of justice.

With the indictment already served and the matter ready for trial, the prosecution implored the court to dismiss the bail application and keep Dlamini in custody. The Crown was represented by Principal Crown Counsel Mandla Dlamini, assisted by Sandile Mdluli and Sibusiso Phakathi.

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Sibusiso Nhlabatsi (L) receiving a document from Sibusiso Phakathi yesterday after the matter was argued. (Pic: Kwanele Dlamini)