MPS WILL FOLLOW ‘GAWUZELA’ IF GIVEN BAIL - CROWN

MBABANE - The Crown says MP Mduduzi Bacede Mabuza and MP Mthandeni Dube should not be released on bail because they will follow their colleague, Mduduzi ‘Magawugawu’ Simelane.

The Siphofaneni Constituency Member of Parliament, is wanted by the police in relation to the offences faced by Mabuza and Dube of Hosea and Ngwempisi constituencies respectively. A warrant of arrest has been issued against Simelane. The submission not to grant Mabuza and Dube bail was made by Principal Crown Counsel Macebo Nxumalo yesterday during the hearing of the bail application filed by the two MPs before Judge Mumcy Dlamini at the High Court. Nxumalo was appearing alongside Principal Crown Counsel Thabo Dlamini and Ncamsile Masuku. Nxumalo submitted that their accused persons’ co-accused was Simelane, who was at large. Advocate Mduduzi ‘Tsotsi’ Mabila, who represented Mabuza and Dube objected to Nxumalo’s submission. Mabila told the court that the Crown alleged that Simelane was a fugitive. The advocate said a fugitive was one who had been served with a warrant but did not avail himself to law enforcement.

Fugitive

Judge Mumcy Dlamini said Simelane was a wanted person. Mabila said there was a difference between a fugitive and a wanted person. Nxumalo said Mabuza and Dube were charged together with Simelane and Judge Dlamini pointed out that he was raising a point that was not in the Crown’s answering papers and asked if the accused persons would follow in the footsteps of Simelane. Nxumalo agreed and the judge asked why that was not in their answering papers and they should forget about it. Nxumalo said it was common cause that Simelane was not in court. The judge asked: “Is it common cause that they (Mabuza and Dube) will follow in his footsteps?” Nxumalo agreed and Judge Dlamini again said that was not in the Crown’s papers. “I concede but the court should consider that the other accused (Simelane) is not in court,” said Nxumalo. Judge Dlamini said: “That point is neither here nor there. You cannot make your case along the way because you deny the other party a chance to answer.”

Extradition

Nxumalo went to submit that the accused were a flight risk and the court should not grant them bail despite that Eswatini had an extradition agreement with neighbouring South Africa. Nxumalo submitted that extradition was a cumbersome exercise.
Judge Dlamini said it was cumbersome to those who were lazy. Nxumalo said it was cumbersome where the Crown did not have control. The judge said she was familiar with the process and had extradited murder accused persons despite the death sentence in the country during her time in the DPP’s Office. “My experience is that there is nothing cumbersome here.” Nxumalo also submitted that the country’s borders were porous and it would be easy for the accused to slip out of the country. The principal Crown counsel said in the video that the court claims the two were captured committing the offence, “the accused are saying ‘forward ever and backward never’.

Mabila said the Crown, in the composite summary of evidence, it is stated that the Siphofaneni MP made those utterances. Nxumalo said they addressed what happened at Hosea Constituency when the offences were allegedly committed. He stated that there was evidence in the videos but the Crown would not divulge what was contained in the statements. Nxumalo insisted that the two committed serious offences and would allegedly continue to commit crimes if released. He argued that it was not in the interest of justice to release the two on bail. Crown Counsel Thabo Dlamini denied that the Crown made bald allegations against the accused persons regarding their businesses and families. He also said an investigator’s opinion was sufficient and the court was entitled to rely on that opinion.

Blow by Blow:

Macebo Nxumalo: Extradition is a cumbersome exercise.

Judge Mumcy Dlamini: It is cumbersome to those who are lazy.

Nxumalo: Yes, where the respondent has no control.

Judge Dlamini: How? It is cumbersome to those who are lazy.

Nxumalo: To those to whom the extradition is forwarded.

Judge Dlamini: Don’t insult them.

Nxumalo: The court is saying I am lazy because I am the one who deals with extradition applications in the office of the DPP.

Judge Dlamini: My experience is that there is nothing cumbersome with the relevant law in place.
Meanwhile, Advocate Mabila submitted that there was a difference between a fugitive and a wanted person. This after Nxumalo averred that MP Mduduzi Simelane was a fugitive from justice.

Mabila: He is not a fugitive but a wanted person. There is a difference between the two.

Nxumalo: It was common cause that ‘Magawugawu’ was not in court.

Judge Mumcy Dlamini: Is it common cause that they (Mabuza and Dube) will follow in his footsteps?

Nxumalo: Yes My Lady.

Judge Dlamini: It is not in your answering papers.

Nxumalo: I concede but the court should consider that the other accused (‘Magawugawu’) is not in court.

Judge Dlamini: That point is neither here nor there. You cannot make your case along the way because you deny the other party a chance to answer.

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