‘IF FOUND GUILTY, THEY FACE 15YRS IN JAIL NO FINE’

MBABANE – MP Bacede Mabuza and MP Mthandeni Dube face up to 15 years in prison without an option of a fine if found guilty.

This is according to the principal investigator of the case, Clement Sihlongonyane. He told the court that the evidence against the two was overwhelming and their guilt would be established beyond reasonable doubt. He further said a conviction under Section 5(1) of the Suppression of Terrorism Act 2008 as read with Section 2(a) to (d) of the Act as amended attracted a mandatory custodial sentence of not more than 15 years imprisonment without an option of a fine. Sihlongonyane submitted that the strength of the Crown’s case, coupled with the severity of the prescribed possible sentence, would induce both accused persons to flee the country.

He stated that the Crown had a strong case against the accused persons in the nature of video recordings allegedly capturing them committing the offences and statements by witnesses who reportedly witnessed the commission of the offences. In their bail application, Mabuza and Dube told the court that they were innocent of the charges levelled against them as they allegedly never committed them. They said it was clear that their charges emanated from the execution of the mandate that was given to them by people under their constituencies.

Immunities

Dube informed the court that the charge sheet indicated that what they were alleged to have done was in furtherance of their duties as MPs, as such they were protected from arrest as a result of parliamentary immunities.  He argued that this was a complete defence. Dube also submitted that it was common cause that he operated a feedlot business and was married with children. The legislator argued that he was not a flight risk. He also pleaded with the court to consider that during his arrest, he fully cooperated with the police.  Mabuza and Dube also told the court that they feared being poisoned in prison and preferred to be remanded in police custody. However, they have since been remanded at Matsapha Correctional facility.

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