TWO MPS TO USE ‘CECE’S KING ORDER CLAIM FOR BAIL

MBABANE - Resigned police officer Cebile ‘Cece’ Shongwe has filed an affidavit confirming that MPs Mduduzi Bacede Mabuza and Mthandeni Dube were arrested allegedly as per the King’s instruction.

Shongwe’s affidavit has been attached to the MPs’ replying papers in the matter in which they seek to be granted bail after Judge Mumcy Dlamini dismissed their initial application. “I confirm the contents of the affidavit filed by the applicants and regard to the recorded conversation between me and the resigned army commander,” reads part of Shongwe’s confirmatory affidavit. In the confirmatory affidavit, Shongwe, who is believed to have left the country upon resigning from the police service, confirms that resigned Army Commander Jeffery Tshabalala informed her that the arrest of the duo was allegedly as per an instruction from the King.

She further confirms that in the audio recording, which went viral on social media, the voices belong to her and Tshabalala, who was narrating to her how the initiative to arrest the two MPs allegedly came about. According to Shongwe, during the conversation with the former army commander, he overtly told her that it was the King who had directed that the two legislators should be arrested, following the burning of property and looting that occurred in the country during the political unrest which also saw people being shot dead.

Allegations

The veracity of these allegations is still to be tested in court. In the audio recording, as per the confirmatory affidavit filed by Shongwe, the resigned army commander told her how the plan to have the duo arrested was hatched by the country’s authorities and how the national commissioner of police was allegedly given strict instructions by the King to arrest  Mabuza, Dube and  Siphofaneni Member of Parliament, Mduduzi ‘Magawugawu’ Simelane. In their bail application, Mabuza and Dube submitted that since the handing down of the judgment denying them bail, further evidence had emerged that indeed the charges against them had been trumped up in that the decision to arrest them was allegedly issued by the highest authority - His Majesty King Mswati III.

Advised

“We have been advised and verily accept that our attorney has been informed by Ms Cebile Mayendziwe Shongwe that on or about July 18, 202,1 she was told by the resigned Army Commander, Jeffrey Tshabalala, that the King instructed the national commissioner of police to arrest the three of us, being me, Dube and Siphofaneni Member of Parliament Mduduzi   ‘Magawugawu’ Simelane,” alleged Mabuza. It was further his submission that according to Shongwe, in her affidavit, the resigned army commander allegedly informed her that the King wanted them arrested because he (King) alleged that they were the cause of the political unrest in the country. He then begged leave of the court to refer to the confirmatory affidavit of Shongwe. “The conversation between the retired army commander to this effect is contained in electronic evidence in the possession of the said Cebile. It will be available if and when required by the honourable court,” submitted the two incarcerated Members of Parliament.
Mabuza and Dube went on to reiterate that the strength of the Crown’s case should not be looked at in a vacuum as it remained an allegation.

They argued that same must, therefore, be seen in the light of the defence and prospects of a possible conviction or failure thereto at trial. “We vehemently deny that we called for marches across the country,” contended the two incarcerated MPs. They alleged that, in total disregard of the resolution of the House, the then acting prime minister (PM) unilaterally banned the delivering of petitions.  According to the duo, he (then acting PM) neither had the right nor authority to do so without referring the issue back to the House for reconsideration,  if there was a need to do so.

“We deny that the call for an elected PM is not within our functions as MP and citizens of the country. The call is perfectly within Parliament’s oversight role over the Executive and other organs of the State,” submitted Mabuza and Dube. They told the court that the Crown in its opposing papers allegedly did not show how the call for an elected head of government resulted in the acts of terror, which were imputed against them. Mabuza and Dube contended that, in contravention and violation of the resolution of the House and without the House being convened, the then acting PM and Cabinet, working with the commissioner of police, allegedly turned around to prohibit the delivery of petitions. According to the two legislators, that was when the violence broke out. Mabuza and Dube insisted that Parliament resolved that the delivery of petitions should continue so that, as the representatives of the people, they would be informed of the issues the public were raising. According to the duo, Cabinet allegedly undermined the decision of the House.

perpetrated

They told the court that it was the police and the army that perpetrated and continued to date, to inflict violence against unarmed people. “We have denied and repeat here for emphasis that we never wanted people to commit violence and an offence under the Suppression of Terrorism Act. “The mandate we have is to represent the interests of the electorate who have called for an elected prime minister,” avowed the applicants. According to the charge sheet, Mabuza and Dube allegedly contravened Section 5(1) of the Suppression of Terrorism Act 2008 as read with Section 2(a) to (d) of the Act as amended. They are alleged to have acted jointly with Siphofaneni MP Simelane to incite the people of Eswatini to revolt against government. It is alleged that as a consequence of the alleged incitement by the trio, there were riots in all the regions of the country.

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