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VIOLATION OF PRISONERS’ RIGHTS AT ITS WORST

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Sir,


I wish to applaud the investigating team of the Swazi News publication, especially reporter Joseph Zulu for exposing the plight of one Fana Shongwe, former prisoner, whose shocking story was revealed in last week’s publication.
It is alleged that Fana has spent, under unconstitutional incarceration, an appalling, shocking, unfair justice - defying an outrageous nine years behind bars. Yes! Believe it or not, he was behind bars without trial. In the name of justice, why and how could someone, irrespective of the crimes against society he may allegedly have committed, spend almost a decade in the cold cells of prison without being afforded a trial?

justice delayed


It is often said ‘justice delayed, is justice denied,’ but in Fana Shongwe’s case and possibly hundreds of others, it is more of the reverse or contrary - justice denied, is justice delayed.
Who is to blame for such an inhumane state of affairs; where many of our fellow human beings will have their right to a speedy trial callously and blatantly violated with impunity?
What does the so-called Constitution say about the rights of prisoners awaiting trial?


Even though I view our so-called Constitution as merely a cosmetic document, designed to hoodwink the gullible, which is more often than not, followed when it suits the high and the mighty in the midst of our society, I took time to look for sections that may contain the rights of awaiting trial by prisoners. This is what I found and brace yourself.
Under “Protection of right to personal liberty” Section 16 of the Constitution says:


A person shall not be deprived of personal liberty save as maybe authorised by law in any of the following cases-
16 (2)  A person who is arrested or detained shall be informed as soon as reasonably practicable, in a language which that person understands, of the reasons for the arrest or detention and of the right of that person to a legal representative chosen by that person


(3) A person who is arrested or detained:
(a) for the purpose of bringing that person before a court in execution of the order of a court; or
(b) upon reasonable suspicion of that person having committed, or being about to, a criminal offence, shall, unless sooner released, be brought without undue delay before a court
(4) Where a person arrested or detained pursuant to the provisions of subsection (3), is not brought before a court within forty-eight hours of the arrest or detention, the burden of proving that the provision of subsection (3) have been complied with shall rest upon any person alleging that compliance.


(5) Where a person is brought before a court in any proceeding or upon any suspicion of that person having committed or being about to commit an offence, that person shall not be further held in custody in connection with those proceedings or that offence save upon the order of the court.


I am not a constitutional expert, experienced attorney or judge, but reading the above clauses in this section, it doesn’t need one to be a Gerrie Nel - famous South African prosecutor, to discern that, for a mind boggling nine years, Fana Shongwe has had his constitutional rights as a prisoner, in the country of his birth, consistently and incessantly violated with impunity.


It had to take the insight and brilliance of Judge Mbutfo Mamba to realise and correct the unjust incarcerations of Fana Shongwe and release him with a new trial date set.
For Fana, a part of his life has been wasted away, will never be recovered because negligence, shortage of trial judges, incompetent prisons administration, lack of affordable bail money or for whatever reason, the fact remains that in this country, just as I pointed out in my main article, some animals in this kingdom of Eswatini are more equal than others.

speedy trial
The nation can’t help but think that for a prisoner to be availed a speedy trial, he had to have caused harm to people of prominence like yours truly.
We urge our incumbent Chief Justice who seems to be a breath of fresh air and intent on breathing new life into our former captured Judiciary, to look into the plight of the prisoners awaiting trial and devise means to ease the backlog in trying cases, resulting in the Fanas of this world wallowing in the cold, sordid and dreary prison cells.


To Fana Shongwe, sorry my brother, but thank your God that in spite of the challenges facing us as a kingdom, we still have conscientious Judges like Justice Mbutfo Mamba and others. I rest my case.

Alex Lucky Nxumalo
26876058449

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