THOSE CELLPHONES ARE MINE - BACEDE

MBABANE - Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza is not denying that he was found in possession of cellphones inside prison.

The incarcerated MP confirmed knowledge of the contraband in a statement that was issued by his legal team yesterday. “I would like to acknowledge that on December 10, 2021, I was found with two cellphones within the prison premises,” said Mabuza. Mabuza stated that he had been trying by all means not to discuss the enquiry about the cellphones, which were found in his possession by prison authorities.

Enquiry

He said this was mainly because he was told that it was an internal enquiry, which would not involve the courts, his legal team or the public. He said it was unfortunate when he read about same in the local newspapers in different versions and he felt the need to state his side of the story. In the statement, Mabuza stated that the cellphones belonged to him and he used them for three purposes, mainly to communicate with his suppliers, his employees and family members.  He disclosed that the numbers contained therein were of the aforementioned people. “I have never in any instance communicated with any official using these cellphones or involved any prison official in obtaining these cellphones, but did so through other means when I attended court,” said Mabuza.

He went on to assure his family, constituency, colleagues and all emaSwati that the allegations that high ranking officers from His Majesty’s Correctional Services (HMCS) facilitated  his getting of the cellphones and that he gave them money were not only false but politically-motivated. He also stated that he was not the first inmate to be found in possession of contraband and he had accepted the consequences of his action. “I am surprised and further disheartened to the amounts of money and time spent on an enquiry about the cellphones which were found in my possession, yet there is no enquiry put in place to investigate the deaths of 60 Swazis, maiming and arrest of many Swazis since June 2021,” reads part of the statement. In the previous report, it was alleged that during the inquiry, a high ranking officer at the His Majesty’s Correctional Services (HMCS) was implicated in the issue of the cellphones, which were found in the Hosea MP’s possession.

On December 10, 2021, Mabuza was found with two cellphones inside the Matsapha Maximum Prison. The legislator was reportedly found with the gadgets during a random search, which was conducted by HMCS officers.  It was said the officers then confiscated the cellphones and the matter was reported to the management and  this led to the office of the commissioner general appointing a select team to probe how the gadgets got to Mabuza.

Determine

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 Correctional officers. Meanwhile, when the duo of Mabuza and Dube was arrested, their cellphones were taken by the police as part of investigations. An expert reportedly failed to retrieve any information from the cellphone that was taken from MP Mabuza when he was arrested. The expert did not find any text and WhatsApp messages that the prosecution could use against Mabuza on the phone which now forms part of the Crown’s evidence against him.

Trial

The handset is currently being kept by the police after obtaining an order to keep same pending finalisation of the criminal trial. The failure to retrieve anything from Mabuza’s cellphone is reflected on the formal admission he made with Dube. They made the formal admission in terms of Section 272 of the Criminal Procedure and Evidence Act No.67 of 1939. Dube on the other hand, admitted that his cellphone was taken by the police and various messages were recovered from it. As part of its evidence, the prosecution provided about 244 WhatsApp messages between MPs Mabuza and Dube. The messages, which are contained in a 72 –page document, were retrieved from Dube’s cellphone which was also seized from him when he was arrested on July 25, 2021.

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