by Bahle Gama
The crown has encouraged the court to consider a life sentence for incarcerated former MPs Mduduzi Bacede Mabuza and Mthandeni Dube.
The submission by the crown was made after Mabuza and Dube’s lawyers moved for the court to consider a sentence not exceeding seven years for the duo.
The MPs were on July 25, 2021, arrested and charged with suppressing the Terrorism Act and murder, after they incited members of the public to riot against the Government of Eswatini in 2021, during the political unrest, which resulted in the loss of life and destruction of public and private property.
Mabuza was acquitted of breaching the Covid-19 regulations he allegedly committed during a community meeting attended by about 2,000 people at Hosea Inkhundla in June 2021.
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Mabuza and Dube had denied the evidence led by the crown’s witnesses and insisted that all they did was explain the constitutional rights to the people of Eswatini.
They told the court that banning the delivery of petitions was unlawful and denied that the riot by the people was birthed by their encouragement to have emaSwati continue with the delivery of their petitions.
When delivering the verdict on June 1, 2023, Judge Mumcy set our nine reasons why she found the former MPs guilty of inflicting violence during the unrest and murder.
Before the verdict, the former MPs had filed a notice of appeal concerning the judgment that was issued by Judge Mumcy on December 15, 2022, dismissing their third application for bail.
All attempts to secure bail were deemed futile as applications and appeals were all dismissed. On June 1, they were both convicted and found guilty of all charges.
On Tuesday, April 30 Advocate Gareth Leppan said the former MPs incited violence in the country and went out of their way to mislead the court.
He said they were aware of the violence brought about by their utterances and encouraged people to disobey the government of Eswatini knowing very well the consequences of those actions.
Leppan stated that when the government issued an order to restrict the delivery of petitions, Mabuza and Dube encouraged people to do so and not retreat resulting in a massive disruption in the country.
The damage caused by their incitement to the economy as revealed by businesspeople and regional police officers is too great. They knew the effect of their words.
He further submitted that the suspects’ actions throughout the trial revealed no remorse.
He urged the court that the murder conviction be looked into thoroughly.
“Individuals who died because of this violence cannot be divorced from the rest of the violence. We submit that a life sentence in pursuit would be appropriate,” he said.
He urged the court to ensure that the sentence imposed on the former MPs reflects the outrage of emaSwati because of the unrest’s effect on lives and businesses.
Meanwhile, defence attorney Advocate Jacobus Van Vuuren pleaded that the court consider a sentence that does not exceed seven years and should run concurrently.
He urged Judge Mumcy to extend leniency to the suspects and their families.
“I urge you to reflect on this and focus on the accused person and their families.
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At the end of the day, they are citizens. We ask that when you deliberate and reflect on the matter, you exercise your discretion so that all the pursuant will be met,” submitted the advocate.
He said the court should not focus solely on the trial but on the accused persons regarding the reasons for the offence as well.
The advocate told Judge Mumcy that the matter is politically related, thus she should be careful not to find herself repeating history and doing something like when SA’s late former President Nelson Mandela was sentenced.
He further submitted that there is nothing to reform or prevent because the former were looking into the future.
“They do not require reformation and are unlikely to commit such offences again,” he said.
The crown argued that the defence counsel should not say such in confidence when the suspects believed they were right in their actions and would likely repeat them if allowed to walk.
Judge Mumcy reserved Mabuza and Dube’s sentencing to an unspecified date.
Bacede clashes with officers
Former MP Mduduzi Bacede Mabuza made a spectacle of himself when he refused to be taken back into custody immediately after the court had briefly adjourned.
This was to allow his fans to quickly leave the courtroom before the judge resumed her duties for the day.
When officers told Mabuza it was time to leave, he refused on the grounds that he needed to greet his family, fans, and attorneys and was allowed to do so.
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However, due to the urgency of the court’s need to continue with its duties, the officers were instructed to escort the suspects out of the courtroom to their vehicle and back into custody.
It was then that Mabuza reacted violently and told the officers not to touch him and refused that he be shackled as had been the case when he arrived.
It was decided that the media was playing a role in fuelling Mabuza’s behaviour as he seemingly wanted the spotlight, and practitioners were ordered to leave the courtroom.
It did not take more than five minutes after the media had stepped out and Mabuza had left the courtroom and the court proceeded with its duties.
Worth noting is that when he was brought in, Mabuza made a fist signaling his supporters to motion whilst the court was in session.
This was not well received by Judge Mumcy who warned Mabuza to refrain from distracting the court whilst in session, to which he apologised, and everyone was calmed for quiet proceedings.
