BY MBONO MDLULI
MBABANE – Government pleaded with the United States Embassy in Eswatini to respect the due processes of the law regarding the sentencing of former Members of Parliament (MPs) Mduduzi Bacede Mabuza and Mthandeni Dube.
In a statement sent to this publication today afternoon (Tuesday, July 16, 2024), Government is of the view that the trial of the two MPs was dealt with in a just and competent manner. In the statement, Government Spokesperson Alpheous Nxumalo was responding to utterances made by the US Embassy in Eswatini, regarding the sentencing of the two former legislators.
According to the statement by the US Embassy, which was posted on its Facebook page, the Embassy stated that it was deeply concerned by the sentencing of the former lawmakers. Mabuza was sentenced to 25 years and Dube was sentenced to 18 years by High Court Judge Mumcy Dlamini yesterday (Monday, July 15, 2024).
In reaction to their sentencing, the Embassy stated that their arrests, ongoing detentions, and now sentencing meant that they could no longer represent their constituents. “We call on the Government of Eswatini to exercise transparency in all of its judicial processes and to ensure respect and protection for the human rights for all, including these MPs,” said part of the statement, which was also posted on social media pages of some of the country’s media houses.
The statement further stated that the use of courts to suppress dissenting views eroded trust in Government institutions and undermined the efforts to make progress on the rule of law. The Embassy called on Eswatini’s judiciary to ensure independence and impartiality in adjudicating matters. The Americans also called on Government to demonstrate adherence to the rule of law.
In response to the US Embassy statement, Nxumalo stated that the Americans’ statement was an affront to the rule of law.
“To this end, 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 delivery of judgement by a court of competent jurisdiction is an affront to rule of law,” Nxumalo said.
The Governemnt mouthpiece further stated that in exercise of their criminal investigation powers, the Royal Eswatini Police Service (REPS) investigated the civil unrest of June 28, 2021 and the aftermath. Based upon the findings from the police investigations, Mabuza and Dube, besides many others, were charged with contravening the criminal law of Eswatini, according to Nxumalo.
Over the years, Nxumalo said the accused have been tried in the High Court, convicted and sentenced in accordance with the country’s law of criminal procedure. “They were represented by lawyers of their own choice drawn from Eswatini and South Africa. They tested the evidence that the state presented against them and also presented their own evidence,” Nxumalo said.
Adding, the spokesperson said the above actions were done in keeping with the dictates of fair trial. Now that the former lawmakers have been tried, convicted and sentenced by the High Court, Nxumalo said they only remained with the right of appeal to the Supreme Court. “If there was anything untoward in the course of their trial, they are at liberty to appeal the decision and set out the errors as required by law. As of now, there is no known taint to the due process of law in the trial,” he said.
He said it was unfortunate that the United States Embassy should allege unfair trial on “groundless charges of murder and terrorism” after a court of competent jurisdiction had, on the law and the evidence, found the accused guilty. Nxumalo said only another court of appellate jurisdiction can reverse the conviction and/or alter the sentence, upon appeal by the convicts.
Nxumalo further mentioned 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. “Government remains committed to the rule of law, independence of the Judiciary and respect for human rights, and all three ideals find expression in the Constitution of Eswatini, which was promulgated in 2005,” he said.
Statements by both organisations have drawn comments from Emaswati, who expressed their opinions on the matter. Some people felt Government should not have responded to the statement by the US Embassy because it knew the truth on this matter. They felt the US Embassy was right. While that was the case, some people felt as if the US Embassy was supposed to do more than just issuing statements to help Emaswati. However, others felt as if the US Embassy was unfair because it did not say anything when people’s properties and lives were being burnt down during the unrest in 2021, as many Emaswati lost their businesses and homes.
