244 WHATSAPP MESSAGES NOW EVIDENCE AGAINST MPS

MBABANE - As part of its evidence, the prosecution has since provided 244 WhatsApp messages allegedly between MPs Mduduzi Bacede Mabuza and Mthandeni Dube.

The messages, which are contained in a 72-page document, were said to have been retrieved from the duo’s cellphones, which were seized by the police after the Members of Parliaments’ (MPs) arrest on July 25, 2021. In one of the messages sent on July 21, 2021, Mabuza is alleged to have told Dube that things were getting serious and they must consider leaving the country. This was four days before they were arrested and charged with, among other charges, inciting members of the public to revolt against a constitutionally established government and bringing hatred to His Majesty King Mswati III. On the same day, Mabuza is alleged to have sent another message to Dube expressing his support for the idea of military training services. In one of the messages, Dube purportedly told Mabuza that he could not wait for military training.

Sanctions

“We really need it and we need to be patient with sanctions that will be imposed against our economy. That is going to weaken the oppressor’s strength, but after those sanctions, indeed we will be free to govern our country towards what we want it to be like,” reads one of the messages. Mabuza allegedly continued to tell Dube that ‘together we can achieve more. The attitude and character of Swazis (emaSwati) is very amazing.’ In the same message, Mabuza allegedly stated that they were done with an irrational government that did not serve the interests of the people. He is alleged to have further mentioned that ‘we are done with the government that serves one person’s interest’.  

In another message, Mabuza was informing Dube that the European ambassador would be hosting them for lunch at his residence in Mbabane at noon, on June 9, 2021.  He also said after meeting the European ambassador, they would pay a courtesy call to the American ambassador at the US Embassy on the same day at 2:30pm. “On second thought, I suggest that the four of us should attend i.e. Mabuza, Simelane, Dube and Khumalo. What do you think? Make sure to keep time Mhlonishwa.” “Thanks Mhlonishwa,” Dube allegedly responded. The veracity of these allegations is still to be tested in court.

Informed

On June 6, 2021, Dube is said to have informed Mabuza via WhatsApp that the Economic Freedom Fighters Swaziland (EFFSWA) leadership wanted to meet the three of them (Mabuza, Dube and Mduduzi ‘Gawuzela’ Simelane). On May 25, 2021, Mabuza is said to have told Dube, in a WhatsApp message, that change was coming to the country even though it may be delayed. “Greetings honourable members in the name of Jesus. Please fear nothing about change, it will happen soon, but let me tell you how change will happen. It can be delayed, but it is coming. That is the message honourable members. I am sorry if you will feel offended. This is the beginning of change honourable members, thanks. God bless you all,” reads the message.

Dube, on June 7, 2021, is said to have messaged Mabuza around 10am and allegedly stated that previous kings of the country had heard their cries and were the ones protecting them through an instruction from God. “They have been looking for souls like ours and have gladly embraced our calling.” On June 13, Dube is said to have told Mabuza on WhatsApp that he had decided to include him in one of the groups he was part of at Ngwempisi so that they could monitor the people’s views together. ‘Skelem, I have decided to add you kugroup yakami eNgwempisi so we can both monitor their views.’ Dube wrote.

Jealous

Dube is alleged to have said their colleagues in Parliament were jealous of the publicity they were getting. According to the Crown’s evidence, Dube sent Mabuza a message on May 25, 2021, which read: “Members are jealous of the publicity we have. I expected them to be like that.” Earlier on, Mabuza allegedly wrote to Dube asking: “What Buy Cash was saying? Why didn’t he speak to us? (sic)” Dube allegedly responded: “Uyaphapha lona, ungamnaki (that one is too forward, don’t mind him).”  He also wrote in another message: “We need to be very smart. We never get emotional and don’t attend to him.” Still on May 25, 2021, Bacede allegedly messaged Dube telling him that he wanted to write ‘in the group’ now that change was coming, they should not worry, ‘this is how change is coming’.
Dube advised him to wait a while. Mabuza told him: “I wanted to write in this group of university that change is on the door (sic).”

“Oh, it’s fine if it’s on the university group (sic),” Dube allegedly replied. He also informed Mabuza that ‘we need to re-strategise’. ‘‘Yes my brother’’, wrote Mabuza and Dube’s response was: “Good thing tigi tetfu tivakele (our presence was felt).” The messages were retrieved from their cellphones by the Digital Forensic Science Laboratory of the Royal Eswatini Police Service (REPS).

The disclosure of the WhatsApp messages between Mabuza and Dube comes after they filed a request for further particulars from the Crown in terms of Section 151 (1) of the Criminal Procedure and Evidence Act of 1938 in order to enable them to plead to the charges and to prepare for trial. Section 151 (1) reads: “Court may order delivery of particulars. Either before or at the trial, the court may, if in any case it thinks fit, direct particulars to be delivered to the accused of any matter alleged in the indictment or summons, and may, if necessary, adjourn such trial for the purpose of the delivery of such particulars.”

Among other documents, the Crown has since furnished them with was the post-mortem reports of the two people who died in an accident at Hilltop involving a motor vehicle from Sincephetelo Motor Vehicle Accidents Fund (SMVAF).  The prosecution further gave them statements of six witnesses as well as a police report with an accident sketch and a vehicle inspection report.

Witnesses

Out of the 50 witnesses who the prosecution previously claimed to have, it only furnished the accused persons with statements of only six witnesses relating to burnt public structures. Also forming part of the documents which have been given to Mabuza and Dube are statements that were allegedly made by Simelane on social media and during various meetings the three (Mabuza, Dube and Simelane) had at various places around the country. WhatsApp messages allegedly between Mabuza and Dube also form part of the Crown’s evidence.

In one of the alternative charges contained in the amended indictment, the MPs are alleged to have murdered Siphosethu Mtshali and Thando Shongwe on June 29, 2021. According to the post-mortem reports, which now form part of the evidence, Mtshali and Shongwe died due to multiple injuries. They are alleged to have committed the offence and others together with the Siphofaneni MP, who has been declared a fugitive from justice. Other charges in the amended indictment are that the MPs allegedly committed a terrorist act by encouraging people in public statements to disobey the lawful banning by the Government of Eswatini of the delivery of petitions and to reject the appointment of the then Acting Prime Minister (APM), Themba Masuku.

Disobedience

It is alleged that by so doing, they encouraged civil disobedience, which had one or more of the following intentions or consequences; death or bodily injury, serious damage to property, serious risk to the health of the public or the section of the public and endangering the lives of the people and was designed or intended to disrupt the provision of essential emergency services such as police, civil defence and medical services. As a consequence of the alleged conduct of the accused persons, according to the indictment, there were riots in all regions of the country, which resulted in loss of life, bodily injuries to people and destruction of private and public property.

As a first and second alternative to the count of allegedly encouraging people to disobey the banning of delivery of petitions, Mabuza and Dube, on June 24, 2021, at or near Summerfield, allegedly committed seditious acts by encouraging people in public statements to disobey a lawful banning order by government and to reject the appointment of the then acting PM. By so doing, according to the charge, they allegedly caused hatred against the King and government, raised dissatisfaction among the King’s subjects or inhabitants of Eswatini, disaffection against the administration of justice and promoted feelings of ill-will and hostility between different classes of the population of Eswatini.

Since they have been accused of having acted in common purpose to commit the offences, Mabuza and Dube wanted the Crown to state where and when they formed the undertaking to commit the offences charged in the execution of the common purpose and the specific acts each of them committed. They requested the prosecution to list each act with sufficient particularity to be identified by them as the accused. According to the MPs, the prosecution was requested to indicate whether by relying on the doctrine of common purpose it had elected not to rely on a prior criminal agreement by them.

Prosecution

They said if the answer to the above was in the negative, the prosecution was requested to furnish them with the alleged parties to the purported criminal agreement and where and when the criminal agreement was entered into. “What were the specific terms of the prior criminal agreement? What were the specific acts of each accused in the furtherance of the prior criminal agreement?” enquired the MPs. In respect of the charge in which they are accused of making public speeches inciting members of the public to riot, the MPs wanted the prosecution to state where and when in June 2021 they made the alleged public speeches and the specific acts or attempted acts or threat the prosecution relied on?

“The prosecution is requested to furnish the accused with the specific sections contained in the speeches so that same can be identified by the accused. The prosecution is requested to state whether the speeches relied upon have been translated. If yes, then the accused request to be furnished with copies thereof,” they added.

Speeches

They also requested access to, and to be furnished with, all translated voice notes. They further asked to have access to any speeches they are said to have made in Parliament on which the prosecution intended to rely and to be furnished with translated copies of those documents. Other items they requested from the State were copies of petitions in its possession, applications and court orders in terms of which their cellphones were seized. They also wanted access to their cellphones which were seized by the State and copies of any evidential materials retrieved from them.

Precise details, according to their application, were requested with regard to the allegations that the accused committed an act, attempted act and/or a threat of action to reject the appointment of the then acting PM. They wanted the Crown to give them precise details on which it relied that they encouraged people to disobey the lawful banning of the delivery of petitions. Mabuza went on to request to be furnished with particulars in relation to that he allegedly convened a constituency meeting and how it was that he convened such a meeting.  When the matter was last in court, Judge Mumcy Dlamini ordered the registrar of the High Court to file, not later than November 2, 2021, a transcribed record of the requisite audio visuals and both parties’ representatives to attend to the further particulars before November 16, 2021, which is the trial date.

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