‘MAXWELL MAY DEPLOY STATEMENTS IF RELEASED’

MBABANE – The Royal Swaziland Police says incarcerated PUDEMO President and SWAYOCO Secretary General Maxwell Dlamini may employ means to carry out their statements if released on bail.
The police further claimed that the safety and security of the leadership of the country and the nation at large would be compromised should the two be admitted to bail.
PUDEMO is the People’s United Democratic Movement and SWAYOCO stands for the Swaziland Youth Congress, a youth wing of the former. Both organisations are listed among proscribed entities under the Suppression of Terrorism Act No3 of 2008.
The duo was arrested on May 1, 2014 at the Salesian Sports Ground and subsequently charged under the Suppression of Terrorism Act No3 and the Subversive and Seditions Act No46 of 1938 for allegedly chanting terrorist slogans.
They now want to be admitted to bail which is strongly opposed by the State.
Affidavit
Superintendent Aaron Methula, in his opposing affidavit, stated that the contents of the seditious statements allegedly uttered by the accused were very threatening and disrespectful to the leadership of the country and the nation at large.
“The police cannot take what they said lightly.
“Among others, the applicants uttered statements to the effect that: “The leadership and system of governance of the country should be overthrown”. We reasonably believe that if released on bail they will employ means to carry out their statement,” he stated.
Submitted
Methula further submitted that the nature of the charges preferred against the applicants (Masuku and Maxwell) and the seriousness of the sentences to be meted on them should they be found guilty, would induce them to evade trial.
He further informed the court that the Crown has got a very strong case against the two, therefore, the chances of acquittal were minimal.
The senior police officer also submitted that Dlamini’s (Maxwell) persistence on committing offences of the same nature undermined the objectives and the proper functioning of the criminal justice system including the bail system.
“The public will lose confidence in the criminal justice system where accused persons who commit offences while out on bail for other offences continue to be admitted to bail in perpetuity,” submitted Methula.
He also stated that Dlamini had demonstrated a blatant disregard for bail conditions by continuing to commit offences in spite of being out on bail for other offences.
Methula alleged that the Crown has overwhelming evidence against the two.
 In his application, Masuku stated that he suffered from diabetes and he needed constant medical attention.
He submitted that he had been diagnosed when he made his initial application for bail and that the time he has spent in detention since his arrest in May 2014 has exacerbated his condition.
Attended
He further submitted that he attended an appointment with his personal doctor on August 29, 2014 who informed him that his blood pressure readings indicated dangerous levels.
Masuku also said the lack of suitable and sufficient food in the detention centre; as well as the lack of exercise was harmful to a person in his situation.
It was in his submission that he had requested a medical report from the medical officer at the Zakhele Remand Centre, but he has been unable to obtain it as it has been refused to him and his legal representative.
Masuku further stated that when he was at home, he followed a rigid and balanced diet which included fresh fruit, vegetables and meat.
He claimed at the Zakhele Remand Centre he received two slices of bread and tea (and occasionally mealie meal) in the morning; two slices of bread and tea at noon, and then rice and cabbage (and occasionally chicken) in the evening.
“This is not providing me with the nutrition that I need, and is impacting negatively on my blood pressure levels,” stated Masuku.
“The State says incarcerated SWAYOCO Secretary General Maxwell Dlamini dismally failed to prioritise education and associated himself with banned entities.
Refused
“Applicant’s (Maxwell) education does not negate the reasons why the court refused him bail.
“In fact, it is the applicant who dismally failed to prioritise his education and associated and/or supported banned entities like PUDEMO and SWAYOCO and further conducted himself in a seditious fashion.
“Such conduct does not show that he values his education,” reads part of the State opposing affidavit.
In his bail application Dlamini had submitted that he was still engaged in his studies and the continued incarceration is still causing an interruption.
Dlamini is a student at the University of Swaziland (UNISWA).
“I am still engaged in my studies, and the continued detention is still causing interruptions.
“As an attempt had been made to minimise that disruption in my earlier application, this is a matter that should be considered in this application,” submitted Dlamini.

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