I’M NOT ALLOWED TO MAKE CALLS ANYMORE - MABUZA

MBABANE - “As I write this statement, I am not allowed to make calls using the prison telephone anymore.”

Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza made these allegations in a public statement he issued through his legal team. He also pointed out that he was removed from the holding cell he used to share with his co-accused, MP Mthandeni Dube and two inmates, to an isolated single cell inside the Matsapha Maximum Prison. He urged his partners and mass democratic movement that they should not be frightened by what they saw from the alleged State-controlled media. It should be noted that when the issue of the MP was reported by this publication, especially the investigations that are ongoing, his lawyer Ben J. Simelane was called for comment.

Investigations

Simelane is on record having said they were aware of the investigations but were currently awaiting the outcome of same. He said it would be after they had been furnished with the findings that they would see whether it was prejudicial to their client or not and see what step to take. It was previously reported by this publication that Mabuza had been placed in solitary confinement at the Matsapha Maximum Prison. Solitary confinement is a form of imprisonment distinguished by living in 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, is suspected of organising or being engaged in illegal activities outside of prison.

The MP has not only been placed in solitary confinement, but is also allowed one visitor who brings him food at the Correctional facility. His legal team is also permitted to see him for consultation purposes. 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 the 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 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, Themba Masuku.

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 a 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. Their urgent bail appeal is likely to be heard in February. According to a notice that was issued by the Acting Supreme Court Registrar, Siphiwo Masuku, the chief justice (CJ) directed that the first session of the Supreme Court was scheduled to take place from February 7 to June 10, 2022. In December, Judge Doris Tshabalala ordered the registrar of the Supreme Court to ensure that the MPs’ urgent bail appeal was enrolled in the earliest sitting of the Supreme Court session this year. The order by Judge Tshabalala came after the duo moved an urgent application where they were seeking an order compelling the registrar of the Supreme Court to enrol their urgent bail appeal.  

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