I WAS DENIED PERMISSION TO SEE ARRESTED MPS – LAWYER

MBABANE – Human Rights Lawyer Thulani Maseko was on Sunday reportedly denied permission to see Hosea Member of Parliament Mduduzi Bacede Mabuza and his Ngwempisi counterpart Mthandeni Dube at Matsapha Correctional Services.

The duo is currently incarcerated following their arrest about 10 days ago and is currently awaiting the outcome of their bail application. 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. It is alleged that as consequence of the alleged incitement by the trio, there were riots in all the regions of the country.

Prosecution

According to the prosecution, these riots caused a loss of life, bodily injury to people and destruction of private and public properties. The human rights lawyer has since written a letter to the commissioner general of His Majesty’s Correctional Services, complaining about the treatment he was subjected to at the Correctional facility In the letter dated August 2, 2021 Maseko informed the commissioner general that the prison authorities at the Matsapha Correctional Facility denied him an opportunity to see and consult with Mabuza and Dube. He narrated that on July 31, 2021, he received a call from lawyer Sifiso Jele telling him that he (Jele) had been requested by Mabuza and Dube that he (Maseko) should come and see them.  Maseko stated that upon his arrival at the Correctional facility, he was flatly denied access. “We have great difficulty in appreciating why the prison authorities are so arbitrary in their decision. Should the prison authorities persist with the unlawful conduct, we will have no option but to serve court papers without any further reference,” reads part of Maseko’s letter to the commissioner general. His Majesty’s Correctional Services Public Relations Officer Senior Superintendent Gugulethu Dlamini acknowledged receipt of the letter. She said the matter was now being handled by the office of the attorney general.

Maseko also wrote to the director of public prosecutions (DPP) complaining that he was unable to see Mabuza to take instructions in relation to filing a replying affidavit. Maseko represents the legislator in the matter where he is challenging his prosecution after he (Mabuza)was charged with eight counts; which include contravening the Police Act, Prevention of Corruption Act, contravening the Income Tax Order, contempt of court, defeating or obstructing the course of justice, contravening the Crimes Act and assault with intent to cause grievous bodily harm. He brought it to the attention of the DPP that the prison authorities allegedly refused him an opportunity to see Mabuza when he visited him last Sunday. “The refusal was initially based on the allegation that Mabuza is alleged to have told them that he did not expect me as I was not one of his attorneys of record. Later the explanation was that the writer (Maseko) or his office was not on the list that Mabuza submitted with the prison authorities as his lawyers,” stated the human rights lawyer.

It was Maseko’s contention that this was strange given that the law guaranteed the right of detained or arrested persons to be visited by a lawyer of their choice. Maseko argued that there was no requirement in law which stated that detained or arrested persons should have a list. He also brought it to the attention of the DPP that Mabuza had not communicated to them that they should withdraw as attorney of record in the matter where he is challenging his prosecution emanating from his first arrest.
“We wish to register our deep concern that the commissioner general and the prison authorities are abusing their powers and behaving in a very arbitrary manner that finds no support from the Correctional Services Act, the Criminal Procedure and Evidence Act or the Constitution,”  said Maseko.

Unlawful

He stated that given that Mabuza and Dube were kept in prison at the instance of the State, the DPP must prevail on the commissioner general that their conduct was allegedly not only unlawful but also fundamentally unconstitutional. Maseko concluded by pleading with the DPP and the attorney general to bear with him as there would be a delay in filing of their replying affidavit as a result of the alleged breakdown of the rule of law and unreasonable denial of access to their client by an organ of government. According to an impeccable source, Maseko was yesterday allowed to consult with the two legislators after paying them a visit thereat.

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