BACEDE, MTHANDENI FEAR BEING POISONED IN PRISON

MBABANE – Hosea MP Mduduzi Bacede Mabuza and his Ngwempisi counterpart, MP Mthandeni Dube, say they fear being poisoned in prison.

This was after they were remanded in custody yesterday by Judge Mumcy Dlamini and the hearing of their application for bail postponed to Thursday afternoon. While their supporters were shuffling out of Court C at the High Court after the postponement, Mabuza told Principal Crown Counsel Macebo Nxumalo, who was passing by the accused dock, that he was arrested by government, so he would not go to Sidwashini Correctional Services, where he would be expected to eat the food provided for inmates there. “What if they poison us?” asked Mabuza, who also mentioned that if they were remanded in the Correctional facility, they would mobilise inmates and tell them that they were fighting for political change.

Indulgence

Judge Dlamini was dealing with another matter at the time and Advocate Mduduzi ‘Tsotsi’ Mabila, who represents the MPs on the instruction of Sifiso Jele, requested the court for an indulgence and told the judge that his clients had an apprehension that they might be poisoned at the Correctional facility. Mabila informed the court that, due to the nature of the charges faced by the pair, they had reasonable apprehension that they might be poisoned. “If they are remanded in the Correctional Services, may they be allowed to eat their own food,” Mabila pleaded. Judge Dlamini said the advocate should file an application to that effect, which would be heard on Thursday. Mabila said there was no need for a full-blown application and pleaded with the court that the matter should be dealt with today.

However, Judge Dlamini maintained that the accused persons should file a written application, cite the commissioner general of His Majesty’s Correctional Services and serve the relevant parties. Mabila had earlier on also applied that the accused persons be remanded in police custody instead of the Correctional Services. According to the advocate, it was difficult to consult inmates at the Correctional facility due to stringent conditions that have been put in place as a result of COVID-19, including the banning of visitors in the meantime.  Nxumalo said he needed to consult on what Mabila was requesting as it was outside of the Crown’s functions.  Mabila informed the court that inmates were remanded in police custody, especially when police wished to conduct further investigations, and he wondered what was different with his application for the two to be remanded in police custody instead of the Correctional facility.

“It is not something new,” said Mabila. Judge Dlamini said an alternative was to request the Correctional Services to give him time to consult his clients. The judge said the commissioner general could be ordered to allow him to consult the accused persons.
Mabila enquired as to who would be prejudiced if the MPs were remanded in police custody. 

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