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MP BACEDE PLACED IN SOLITARY CONFINEMENT

03/01/2022 09:04:00 BY MBONGISENI NDZIMANDZE

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MBABANE- Incarcerated Member of Parliament (MP) Mduduzi Bacede Mabuza has been placed in solitary confinement at the Matsapha Maximum Prison.

Solitary confinement is a form of imprisonment distinguished by living in a single cell with little or no meaningful contact with other inmates, strict measures to control contraband, and the use of additional security measures and equipment. The practice is used when a prisoner is considered dangerous to himself or to other inmates and is suspected of organising or being engaged in illegal activities outside of prison. According to an insider, the MP has not only been placed in solitary confinement but is also allowed one visitor who brings him food at the Correctional facility.

Permitted

His legal team is also permitted to see him for consultation purposes. “Inmates who are found to have breached prison rules are usually kept in solitary confinement for a period of 14 days and they are not allowed visitors,” said the insider. Mabuza will remain in solitary confinement and also be allowed one visitor pending investigations after he was purportedly found in possession of two cellphones inside prison. The MP was reportedly found in possession of the gadgets on December 10, 2021 during a periodic random search on his person and cell.

He is not the first prisoner to be placed in solitary confinement as murder accused Sipho Shongwe was once reported to have been placed in same. Shongwe is currently behind bars after he was implicated in the murder of astute businessman and football administrator Victor Gamedze. Shongwe, who was found with gadgets, eventually approached the High Court where he made startling allegations about the manner in which he was treated at the facility.

His Majesty’s Correctional Services Public Relations Officer (PRO) Senior Superintendent Gugulethu Dlamini said when there were ongoing investigations within the facility, prison authorities had a right to take any measures to ensure that same was not jeorpdasised. The Commissioner General of His Majesty’s Correctional Services, Phindile Dlamini, has set up a committee to lead an inquiry into how Mabuza come to possess the cellphones inside prison. The findings of the task team will determine who will be charged for the offence as cellphones are prohibited within the area designated for inmates. Just after the discovery of the cellphones, there was a brief investigation, which was conducted by the Correctional facility warders, wherein there were allegations that the gadgets were smuggled into the facility, allegedly by some of the people who frequently visited Mabuza.

There were also suspicions that the MP allegedly got assistance from some of the officers. Meanwhile, Mabuza’s co- accused, MP Mthandeni Dube, has been taken back to Matsapha Maximum Prison. Dube was removed from Sidwashini Correctional Services. The rationale behind Dube’s transfer remains unknown.

Comment

Reached for comment on Dube’s transfer, Senior Superintendent Dlamini pointed out that the commissioner general of His Majesty’s Correctional Services had powers to transfer an inmate or suspect as per Section 71(1) of the Correctional Services Act of 2017. Section 71(1) of the Act provides as follows: “The commissioner general of His Majesty Correctional Services may order the removal to any Correctional centre of any offender on being sentenced or during the offender’s confinement.”

“The commissioner general, with the powers vested upon her by Section 190(1) of the Constitution of the Kingdom of Eswatini read with Section 71 of His Majesty’s Correctional Services Act 2017, may order the removal to any Correctional centre of any offender on being sentenced or during the offender’s confinement,” said Dlamini. Section 190(1) provides that; “ The Correctional Services shall be responsible for the protection and holding on terms convicted persons and the rehabilitation of those persons and the keeping of order within the Correctional or prison institutions of the Kingdom.

Dube and Mabuza were arrested on July 25, 2021 and their trial was postponed to January 26, 2022. The matter will also be heard on January 27, 2022. Other dates are February 15, 16 and 17, 2022. It will continue five days later on February 22, 23 and 24, 2022 as well as March 1, 2 and 3, 2022. The MPs are accused of committing a terrorist act by allegedly 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, 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 a 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 prime minister. By so doing, according to the charge sheet, 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. They are also accused of murder, which emanated from the accident which occurred at Mahwalala.