EARLY GREEN LIGHT FOR TWO MPS’ TRIAL

MBABANE – While they are still anxiously awaiting the outcome of their bail application, Hosea MP Mduduzi Bacede Mabuza and Ngwempisi MP Mthandeni Dube will now have to start preparing for their trial.

This, after the Chief Justice(CJ), Bheki Maphalala, yesterday granted an order allowing that the accused persons be indicted summarily at the High Court. The filing of the indictment and granting of the order by the CJ means that Mabuza and Dube, who are currently incarcerated at the Matsapha Maximum Prison, will get a speedy trial. According to the indictment, Mabuza and Dube allegedly acted jointly with Siphofaneni Member of Parliament Mduduzi ‘Magawugawu’ Simelane to incite people of Eswatini to revolt against the constitutionally established Government of Eswatini. The Crown explicitly stated in the charge sheet that Simelane was a fugitive from the law. According to the charge sheet, as a consequence of the alleged incitement by the trio, there were riots in all the regions of the country.

Injury

The Crown further brought it to the attention of the court that these riots caused a loss of life, bodily injury to people and destruction of private and public properties. In the second count, Mabuza alone is said to have contravened Regulation 4 of the Disaster Management (COVID-19) Regulations under the Disaster Management Act. It is alleged that, he unlawfully and wrongfully failed to keep a register as required by the regulations for any gathering and to sanitize participants in a gathering he had convened.
The order by the chief justice comes after the director of public prosecutions (DPP) moved an application under Section 88 (1) of the Criminal Procedure and Evidence Act 67 of 1938. The DPP moved the application ex parte (application made without the knowledge of the other party).

Section 88 bis (1) of the Criminal Procedure and Evidence Act provides that: “The chief justice may, on ex parte application made to him in chambers by the director of public prosecutions and on being satisfied that it is in the interest of the administration of justice so to do, direct that any person accused of having committed any offence shall be tried summarily in the High Court without a preparatory examination having been instituted against him.” The Act further stipulates that the director of public prosecutions shall not less than four days before the commencement of summary trial cause to be served on the accused a copy of the charge upon which the accused is to be arraigned together with a brief summary of the substantial facts alleged against him.
The filing of the indictment is also an indication that the Crown is ready to prosecute the two legislators. The latest development means that the duo will soon be called for a pre-trial conference.

A pre-trial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pre-trial conference may be held prior to trial in both civil and criminal cases. Mabuza and Dube’s bail application was argued before Judge Mumcy Dlamini last Thursday. After hearing the arguments of both parties, Judge Dlamini reserved her judgment indefinitely.

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