By Bahle Gama
Following the conviction and sentencing of former MPs Mduduzi Bacede Mabuza and Mthandeni Dube, the government of Eswatini has had to call to order and clarify to bodies that have criticized and questioned the decision of the High Court.
One of these is the United States Embassy which issued a statement reacting to the sentencing on Tuesday morning, further calling for the government of Eswatini to exercise full transparency in the judicial process and demonstrate adherence to the rule of law and human rights obligations.
“We plead with the United States Embassy to respect the due process of the law and ultimately, the rule of law.
Casting aspersions on the independence of our judiciary after the delivery of judgment by a court of competent jurisdiction is an affront to the rule of law,” said Government Spokesperson Alpheous Nxumalo in a statement.
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On Monday, July 15, 2024, Mabuza and Dube were sentenced to 25 years and 18 years without the option to pay a fine respectively for contravening Section 5 (1) as read with Section 2 (20 (a) to (d) of the Suppression of Terrorism Act 2008 as amended.
The sentence was handed down by High Court Judge Mumcy Dlamini in which the accused persons’ sentence was ordered to run concurrently, dating back to their arrest in 2021.
The former 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, birthing political unrest, which resulted in the loss of life and destruction of public and private property.
Nxumalo stated that in the exercise of their criminal investigation powers, the Royal Eswatini Police Service investigated the civil unrest that took place in June 2021 and the aftermath.
Based on the findings, Mabuza and Dube were charged with contravening the criminal law of Eswatini, adding that over the past three years, they have been tried in the High Court, convicted, and sentenced according to the country’s criminal procedure.
Nxumalo brought it to the embassy’s attention that Mabuza and Dube were represented by lawyers of their choice from Eswatini and neighbouring South Africa.
These lawyers tested the evidence presented by the state against Mabuza and Dube and presented their own as well, as part of keeping with the dictates of a fair trial.
He elaborated that having been tried, convicted, and sentenced by the High Court, they only remain with the right to appeal to the Supreme Court.
If there was anything untoward during their trial, they are at liberty to appeal the decision and set out errors as required by law.
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“As of now, there is no known taint to the due process of law in the trial. Unfortunately, the United States Embassy should allege an unfair trial on “groundless charges of murder and terrorism” after a court of competent jurisdiction has on the law and the evidence,
found the accused guilty. Only another court of appellate jurisdiction can reverse the conviction and/or alter the sentence, upon appeal by the convicts,” said Nxumalo.
He added that the government of Eswatini had full confidence in the competence, independence, and impartiality of the country’s judiciary at all levels of the courts’ hierarchy.
Nxumalo reiterated that the government remains committed to the rule of law, independence of the judiciary,
and respect for human rights, three ideals that find expression in the Constitution of Eswatini which was promulgated in 2005.
