Home | News | MP ALLEN STEWART SENT TO JAIL FOR 3 YEARS

MP ALLEN STEWART SENT TO JAIL FOR 3 YEARS

11/02/2023 09:02:00 Kwanele Dlamini

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MBABANE – After Hosea and Ngwempisi Members of Parliament (MPs), Mduduzi Bacede Mabuza and Mthandeni Dube, a third MP is behind bars.

Mabuza and Dube face terrorism and murder charges and they are awaiting their judgment on conviction, or otherwise, at Matsapha Maximum Prison. Lobamba MP Allen Stewart was yesterday taken to Sidwashini Correctional Services to begin his custodial sentence of three years for attempted murder.

This was after High Court Judge Doris Tshabalala, who convicted him on January 31, 2023, issued the sentence in the afternoon. When the judge delivered the judgment, Allen was in the company of his wife, who also saw him off in the rain as police officers took him to the Correctional centre. Allen committed the offence of attempted murder on October 31, 2010 at Moyeni, Siteki, in the Lubombo Region, during the funeral of his brother, John Stewart.

Allen shot Sibusiso Matsenjwa in the arm shortly after John had been buried. The attendees were having refreshments at the Stewart homestead when the shooting happened. At the time of his death, John was in a love relationship with Sibusiso’s sister, Gugu. The couple lived together for a number of years and they had children.

Mourn

During the trial which started on August 7, 2017, the court was informed that the Matsenjwa family wanted Gugu to be allowed to mourn John as a wife or that she be traditionally wedded to him posthumously in terms of Eswatini custom. Six witnesses testified for the Crown and some of them informed the court that the Matsenjwa family wanted talks to that effect to be held, but the Stewart’s refused.

Matsenjwa, who was the complainant in the matter, told the court that while queuing for food after John had been buried, he started a conversation with one of Allen’s relatives, who was also queuing behind him. Matsenjwa said he wanted to know from Allen’s relative why the Stewart family wanted to remove certain property from John and Gugu’s home prior to his burial. He said the conversation was not cordial as he and the relative had differing views. He stated that Allen was leaning against the wall of a house some distance away and he interrupted their conversation.

According to Sibusiso, Allen told the relative to leave him (complainant) alone to see what he would do. “As he uttered those words, the accused (Allen) took off his jacket, lifted his shirt and produced a firearm. At the sight of this, the complainant took to his heels. He then heard a gunshot. The accused chased after him, firing shots several times. “The complainant fell and got up. He fell a second time and his brother, Mandla, came to help him. They both ran amid further shots being fired by the accused. Complainant fell a third time and this time Mandla left him. Accused caught up with him and quietly pointed the gun at him but no bullets or shots went off,” Sibusiso narrated.
He informed the court that he was shot in the arm while running. He said he did not know at what stage he got shot but he was sure that it happened when the shots were fired as he ran from Allen. Sibusiso said his elder brother, Mandla, returned to assist him. He said he was taken to Good Shepherd Catholic Hospital where he was admitted for a week. He told the court that his arm was paralysed.

Chased

In his evidence, Sibusiso said Allen produced a firearm and chased after him yet he had not addressed or said anything to him, but to his relative. Prior to the incident, said Sibusiso, Mandla, had spoken to Allen about the issue of removing property from the residence of Gugu and John.

During cross-examination, it was put to Sibusiso that when members of his family arrived for the vigil, he (complainant) was the ringleader of the group that threatened to deal with Allen for refusing to have their sister, Gugu, undergo the customary process of making her John’s wife posthumously. Sibusiso denied this. He also denied the accusation that his family members were armed with any weapon or knives. He also disputed that police had to be called due to their rowdy behaviour.

However, police were seen patrolling in the area. Sibusiso said there was no chaos and the police never talked to him. The complainant disputed that he attacked Allen because he was the one who opposed the demand made by the Matsenjwa family that Gugu be married to John posthumously. He informed the court that when he and his brother left their home for the funeral, it was decided that they should raise and discuss these issues.

The complainant maintained that Allen shot him from behind while fleeing from him and he said it was not true that he issued threats against the Stewart family. Meanwhile, Mandla was head of the Matsenjwa delegation that attended John’s funeral. He said he knew Allen as a brother to John.

Vigil

According to Mandla, a woman told him that they were not welcome and they should leave. Mandla said he relayed the information to the others and they left the tent where the vigil was held. He said the Matsenjwas spent the night in their motor vehicles and joined the procession to the graveyard in the morning. The witness submitted that an announcement was made for refreshments after the burial. He said they returned to the Stewart homestead after the refreshments announcement had been made because they were anxious to give support and show that they held no grudges against them.

Mandla said they hoped to hold talks with the Stewart family over a number of issues. He told the court that he approached Allen, since they were both the eldest among their siblings, and started a conversation. He said he requested Allen to arrange a meeting for the two families. According to the witness, Allen did not respond and he appeared to be annoyed.

Mandla informed the court that he went to his car and did not join the queue for food. While chatting with others, Mandla submitted, he heard gunshots and saw Matsenjwa running. He told the court that Allen was in pursuit and he was holding a gun. He said Matsenjwa fell and was bleeding. Mandla submitted that he mustered the courage and ran to Matsenjwa to save him.

However, according to Mandla, Allen continued to shoot as they ran away from him. Mandla and Sibusiso’s half brother, Ernest Mavuso, informed the court that the main issue was that the Stewart family denied Gugu the right to mourn John as a widow, despite that they lived together for many years and had children. The other matter, he said, was that the Stewart family refused to allow Gugu to sit or lie at a special place by the coffin in the house (kufukama).