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OFFICER: BAN ON PETITION DELIVERIES SPARKED PROTESTS

05/05/2022 08:45:00 Kwanele Dlamini

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MBABANE – Assistant Superintendent Jabulani Madlopha yesterday told the High Court that the cause of the protests in June 2021 was the ban on the physical delivery of petitions to tinkhundla centres.

Madlopha was being cross-examined by Advocate Jacobus Van Vuuren, who represents Hosea and Ngwempisi MPs, Mduduzi Bacede Mabuza and Mthandeni Dube in their trial for, among other charges, sedition and terrorism. In one of their charges, the accused persons (MP Mabuza and MP Dube) are alleged to have contravened the Suppression of Terrorism Act.
It is alleged that in June 2021, in the Hhohho, Manzini, Lubombo and Shiselweni regions, the accused persons, each or all of them, acting in furtherance of a common purpose with former Siphofaneni MP Mduduzi Gawuzela’ Simelane (a fugitive from justice), did unlawfully commit a terrorist act by inciting the people of Eswatini to revolt against the constitutionally established Government of Eswatini. “Whereas, as a consequence of the incitement made by the said accused persons, there were riots in all the regions of the country. These riots caused loss of life, bodily injuries and destruction of private and public properties, reads the charge.”

Physical

However, yesterday, Assistant Superintendent Madlopha informed the court that the protests started after government had banned the physical delivery of the petitions, which was driven by the youth, to the tinkhundla centres. Government, after issuing the ban, provided an alternative to the effect that petitions should be delivered via email. The ban was announced on June 24, 2021 by Deputy Prime Minister Themba Masuku, who was the Acting Prime Minister (PM) after the death of the then PM, Ambrose Mandvulo Dlamini. In his evidence-in-chief, Assistant Superintendent Madlopha, while led by Advocate Gareth Leppan, narrated to the court that in June last year, government banned the physical delivery of petitions due to violence when the petitions were delivered and non-adherence to COVID-19 protocols.

On the same day (June 24, 2021), according to Madlopha, there was a circulating video on social media, in which MP Mabuza allegedly mentioned that nobody could stop members of the public from delivering petitions to tinkhundla centres because it was their constitutional right to do so. Madlopha said he was aware at the time that MP Mabuza and MP Dube were Members of Parliament. He told the court that before the ban on the delivery of petitions, there was not much violence in the Hhohho Region. He submitted that the situation changed after MP Mabuza allegedly said, during a press conference held live on social media after the ban was announced by the acting PM, that nobody could stop the people from delivering petitions to tinkhundla centres.

Madlopha told the court that things went out of control in the Hhohho Region after MP Mabuza’s alleged utterances. The assistant superintendent said, at Msunduza on June 25 2021, there was burning of tyres on the road. He stated that many roads were blocked in the region by protesters and motor vehicles, including government cars, were pelted with stones and the drivers fled either on foot or in their vehicles. The situation was tense, according to Madlopha, such that police officers were unable to attend to some of the affected areas. He said many shops were looted and others burnt, including three tinkhundla centres - Ndzingeni, Mayiwane and Timphisini – were set on fire. The assistant superintendent informed the court that the cost of the damage in the Hhohho region was E250 million. He further told the court that some of the looters were arrested and prosecuted.

The ban on the delivery of petitions, according to Madlopha, was not obeyed. During cross-examination by Advocate Van Vuuren, who represents the MPs, Madlopha said he could not recall where he got the information that petitions should be delivered by email instead of physically going to the tinkhundla centres. He said Masuku did not mention the alternative on the day the ban was announced, June 24, 2021. When the advocate enquired from the assistant superintendent if members of the public accepted that they should not physically deliver petitions at the tinkhundla centres but do so via email, he said they did not.

“Since government banned the delivery of petitions and provided an alternative, the protesters burnt tinkhundla centres?” asked the advocate. “The people did not accept the alternative. They disobeyed what was said by government,” said Madlopha. Advocate Van Vuuren further asked: “Then they started to protest?” The assistant superintendent said; ‘yes’.
Advocate Van Vuuren continued to say: “The reasons you advanced in your statement for the violence is contradictory to the evidence you gave in court.” The senior police officer said what he told the court was what had happened. “It seems to me, superintendent, correct me if I’m wrong, that this evidence of yours of trying to implicate A1 (MP Mabuza) is an afterthought,” said the advocate. This, according to Madlopha, was not true. On Tuesday, Detective Assistant Superintendent Sibusiso Dlamini, who is the Shiselweni Regional Crime Branch Officer (RCBO) conceded that live rounds of ammunition were used during the riots last year and some people were killed.

Briefing

Advocate Van Vuuren enquired from Manzini RCBO Detective Superintendent Thabo Hlophe why MP Mabuza and MP Dube were the only ones who were arrested. Hlophe had informed the court that during a media briefing or conference that was broadcast live on social media, MP Mabuza encouraged members of the public that it was their constitutional right to deliver petitions and that they should continue to do so despite the government ban. The then acting prime minister, on June 24, 2021, had banned the delivery of petitions at tinkhundla centres. Advocate Van Vuuren enquired from Hlophe if the conference he was referring to was also attended by representatives of the Swaziland National Association of Teachers (SNAT), Swaziland National Union of Students (SNUS) and Trade Union Congress of Swaziland (TUCOSWA).

SNAT President Mbongwa Dlamini, and the President of SNUS, Colani Maseko, as well as Quinton Dlamini were said to have attended the conference and addressed the public. Former Siphofaneni MP Mduduzi ‘Gawuzela’ Simelane was also present. However, Hlophe said MP Dube was not present during the conference, but he had attended on other dates. Advocate Van Vuuren enquired if the representatives of the other organisations did not address the public. Hlophe said they did. “Why were the others not arrested?” asked the advocate. Advocate Van Vuuren asked: “There were those who spoke on behalf of SNAT, SNUS and TUCOSWA on June 24, but none of them were arrested?” Hlophe said the representatives of the organisations were not arrested because that was the discretion of the director of public prosecutions (DPP). The trial continues before Judge Mumcy Dlamini today.