SENATOR SIBUSISO SHONGWE’S ARREST UNLAWFUL – LAWYER

MBABANE – “Senator Sibusiso Shongwe was unlawfully arrested.”

This submission was made by Vusi Thomo, who appeared on behalf of the senator before Judge Mbutfo Mamba yesterday. As a result, Thomo told the court that Shongwe was challenging the validity of his warrant of arrest and the constitutionality of his arrest.
However, Judge Mbutfo Mamba, who presided over the matter, said this application was one but had two grounds.
Thomo, thereafter, explained that lawyer Mzwandile Dlamini had been instructed to move these applications on Shongwe’s behalf yesterday but since Friday last week, he could not be located or reached on his cellphone until the matter went to court.

Judge Mamba wondered what the relevance of the applications was. Thomo explained that an application for the arrest of Shongwe was moved by the Anti Corruption Commission (ACC) before former Chief Justice Michael Ramodibedi in 2015.  Ramodibedi declined to grant the application and cited that a sitting minister of His Majesty’s government could not be arrested without proper clearance. Thomo said Ramodibedi further ordered that no other judge should deal with the application for Shongwe’s arrest warrant without the CJ’s authorisation.
According to Thomo, the ACC moved the same application before a different judge sitting in the same court.

The second application for a warrant of arrest was granted by Judge Qinisile Mabuza, who is now a Principal Judge.
Thomo said the matter had already been dealt with and decided by the former chief justice when Judge Mabuza heard it.
“The order is self explanatory that no one should seek to arrest a sitting minister of His Majesty’s Government. Unfortunately, that is what happened.

They went to Judge Mabuza and obtained the court order.
“The (former) minister was unlawfully and illicitly arrested. I don’t know if there was an ulterior motive,” Thomo submitted.

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