JUDGE TO PRESIDE OVER MPS’ CASE UNDER WRAPS

MBABANE – Under normal circumstances, MPs Mduduzi Bacede Mabuza and Mthandeni Dube should have known the name of the judge to preside over their trial when they were served with the notice of trial.

Mabuza and Dube were served with the notice of trial on August 12, 2021. Normally, the name of the judge to preside over a matter is mentioned in the notice of trial issued by the registrar of the High Court, but it was not the case in the Mabuza and Dube matter. This means that they will go to court today- if their objection to appearing virtually is upheld - not knowing the judge before whom they will appear for their trial. It has been reliably gathered that the matter has been allocated to one of the female judges of the High Court though no immediate confirmation could be sought. The trial, which is expected to resume today, has been allocated an uninterrupted 15 days.

According to the notice of trial, which was issued by the registrar of the High Court, the duo will be tried at the High Court from August 23, 2021 to September 10, 2021. “Take notice that you will be tried before the High Court in Mbabane at 8:30am from August 23, 2021 to September 10, 2021 or soon thereafter as your case may conveniently be  heard,” reads part of the notice. In the notice, Mabuza and Dube were advised to make immediate arrangements about their legal representatives on the date of trial - that is if they intended to be represented - so that the case could proceed on the allocated dates.

Concerns

Days before the start of the trial, concerns were raised by the advocate who has been instructed by the State, Gareth Leppan, advising the Crown on 12 points which should be considered. The correspondence was addressed to the director of public prosecutions (DPP) but was leaked and it went viral on social media. The DPP stated in an interview on Thursday that despite the leaked correspondence, the trial would go ahead. Mabuza and Dube are alleged to have contravened the Suppression of Terrorism Act of 2008 in that, together with Siphofaneni Member of Parliament Mduduzi ‘Gawuzela’ Simelane, incited members of the public to riot against government. Simelane hitherto remains at large and a warrant of arrest was issued against him.

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