EFF LEADER RESENTS MONARCH – POLICE

MBABANE – The Royal Eswatini Police Service (REPS) says the interim president of the Economic Freedom Fighters - Swaziland, Ncamiso Gift Ngcamphalala, harbours resentment against the monarch.

Ngcamphalala (26) of Sinyamantulwa under Chief Maja, is accused of contravening the Sedition and Subversive Activities Act of 1938.
It is alleged that in April 2020, he unlawfully promoted feelings of ill-will and hostility among inhabitants of Eswatini. 
According to the police, Ngcamphalala uttered seditious words which were then published, printed or distributed thro

ugh Swati Newsweek, an online publication, in an article titled; ‘Removing the King is possible’.  

Ngcamphalala has filed a bail application at the High Court which is, however, being met with resistance from the Crown.
Endanger

In his answering affidavit, Superintendent Bhekani Shiba, contended that if the applicant (Ngcamphalala) was granted bail, there was allegedly likelihood that he would endanger the safety of the public.

“I further aver that in the article that was published in the online publication, he was reported as having cited how the monarchy was overthrown in Libya by the late Muamar Al-Gadhafi  and that they may use similar strategies,” submitted Superintendent Shiba.
According to Shiba, this showed the alleged resentment Ngcamphalala was allegedly harbouring against the monarch and as such his release might endanger the safety of the public.

He went on to tell the court that if the applicant was granted bail, there was a likelihood that he would abscond trial because he had emotional family and community ties in the Republic of South Africa, where he goes by the surname Mncwango.

Shiba further highlighted that Ngcamphalala attained his educational credentials in South Africa and, therefore, it was allegedly likely that he established close relations with people outside the Kingdom of Eswatini. He contended that it would be easier for Ngcamphalala to secure employment in the Republic of South Africa as his professional certificates were attained there.  The senior police officer further claimed that the applicant had a South Africa citizenship.

“I further aver that there is a great likelihood that the applicant may interfere with State witnesses or attempt to influence or intimidate them. Some of the potential witnesses are persons known to the applicant and he is familiar with them and the evidence they might give in court,” averred Shiba.
According to Shiba, in his application for bail, Ngcamphalala failed to present a credible story to the court to warrant his release on bail. He asked the court to afford more weight on the facts that were allegedly hidden by the applicant when moving his bail application.

“He concealed that he has a South African identity card. Worse, such identity shows a different surname from the one he used when moving his bail application. Clearly, he cannot be trusted,” argued the senior law enforcer.

Shiba contended that if released on bail, Ngcamphalala would allegedly undermine or jeopardise the proper functioning of the criminal justice system. He argued that the interest of justice did not favour Ngcamphalala’s release from custody.

Evidence

“We have immense evidence against him that will prove the case against him beyond reasonable doubt, hence such alone will pressure him to escape to our neighbouring States as will undoubtedly use informal crossings (sic),”  contended Shiba.
He said the fact that investigations had been concluded did not entitle Ngcamphalala to be released on bail.

Shiba further disclosed that their investigations unearthed that Ngcamphalala had been nomadic, such that he had been locked out of his rented flat by his landlord due to arrear rentals. According to Shiba, furthering their investigations, they allegedly learnt that Ngcamphalala last went to his parental homestead at Sinyamantulwa during the 2018 National Elections, where he was campaigning for the position of Nkilongo Constituency headman.

The bail application is still pending before Judge Cyril Maphanga and appearing for the State is Ngcebo Lukhele from the chamber of the Director of Public Prosecutions (DPP).
Ngcamphalala is represented by renowned Human Rights Lawyer Thulani Maseko of T.R Maseko Attorneys in Mbabane.

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