Times Of Swaziland: PSYCHIATRIC EVALUATION FOR PUDEMO MAN CHALLENGING  KING

PSYCHIATRIC EVALUATION FOR PUDEMO MAN CHALLENGING  KING
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BY MBONGISENI NDZIMANDZE  on 14/08/2019 00:56:00


MBABANE – The State has applied that Goodwill Sibiya should be taken for
mental evaluation. The application to have the member of the proscribed
People’s United Democratic Movement (PUDEMO) taken for mental evaluation was
made by Principal Crown Counsel Brian Magagula.
Magagula made the application in terms of Section 163 of the Criminal Procedure
and Evidence Act 67/2017.
Section 163 of the Act provides that: “If in the course of a trial or
preparatory examination the judicial officer has reason to believe that the
accused is of unsound mind and consequently incapable of making his defence, he
shall enquire into the facts of such unsoundness.”
Sibiya’s trial is already underway at the High Court before Judge Ticheme
Dlamini. He is represented by prominent Human Rights Lawyer Thulani Maseko.
According to the indictment, Sibiya faces two charges that relate to
contravening the Suppression of Terrorism Act of 2008 and contravening the
Sedition and Subversive Activities Act 46 of 1938.
Communist
In the first count, he is alleged to have, on or about January 21, 2019, at or
near Nhlangano in the Shiselweni Region, unlawfully professed to be a member of
terrorist groups namely PUDEMO, the Communist Party of Swaziland, and the
Economic Freedom Guerillas.
By so doing, he is alleged to have contravened the Suppression of Terrorism Act.
In the second count, Sibiya is alleged to have unlawfully attested to an
affidavit containing falsehoods with the intention to bring into hatred or
contempt or to excite disaffection against the person of His Majesty the King
and thereby contravened the Sedition and Subversive Activities Act.
Witnesses
The Crown is expected to parade at least nine witnesses against Sibiya and these
are the accused’s brother Vincent Velaphi Sibiya, Nhlangano Police Station
Desk Officer Superintendent Sydwell Mthembu, Superintendent Justice Sipho
Mabuza, who is based at the police headquarters, Inspector Lionel Mordaunt, who
is based at the Nhlangano Police Station, High Court Registrar Siphiwo Masuku,
High Court Civil Registry Clerks Sibongalokuhe Lolo Dlamini and Phumlile
Nkhosingiphile Xaba, Superintendent Sibusiso Dlamini and Sergeant Phinda
Dlamini.
In his founding affidavit, Sibiya prayed for the arrest of His Majesty the King
for a plethora of allegations that cannot be repeated because of their
defamatory nature and the fact that they border on treason.
Sibiya attempted to file his papers at the High Court and had managed to get
them stamped at the Nhlangano Police Station and also by the High Court
Registrar as well as the Attorney General.