2MPs cry foul over not being brought to court
MBABANE – Despite having won the matter where the Crown wanted to amend the charges against them, MPs Mduduzi Bacede Mabuza and Mthandeni Dube have made a hue and cry about the failure to bring them to court when the ruling was delivered.
They contend that the reason they were not brought to court on that day was unsound.
The Members of Parliament (MPs) further argued that there was a clear violation of their right to be present in court when every pronouncement was made.
Deny
“Perhaps the reason is to deny the general public access to hear the court making pronouncement, on this matter,” said the duo.
The ruling was delivered on June 30, 2022 and only their legal representatives were present when Judge Mumcy Dlamini delivered same.
The ruling was supposed to be delivered through the audio visual link (AVL), but the MPs through their lawyers, insisted on being present in court.
It was later gathered that the decision not to bring them to court on that day was allegedly taken at the 11th hour, after concerns around security were raised.
Through their Lawyer Ben J Simelane, the duo had caused to be issued a statement in which they expressed their disgruntlement about the manner in which the ruling was delivered.
Mabuza and Dube stated that they felt that they had a full right to be present in court
“When any pronouncement is made on these proceedings, Section 172 of the Criminal Procedure and Evidence Act clearly provides that an accused ought to be in court to hear everything in their case. This means that all pronouncements should be made in the presence of the accused, unless their conduct is not conductive to the continuation of the case in his or her present,” said the two MPs.
It was further their contention that further to the above, Section 21 (11) of the Constitution provides that all proceedings of every court should be held in public and could only be excluded in certain circumstances. The MPs said there were no certain circumstances that warranted them not being brought to court.
“Furthermore, AVL in criminal cases has to be resorted to if and when the accused have consented. In the present case, the accused persons did not consent to the use of AVL to deliver the ruling,” said the MPs.
Ruling
The incarcerated legislators narrated that in the afternoon of June 29, 2022, their lawyer Ben J Simelane was at the High Court when Assistant Registrar Mangaliso Zwane informed him that Judge Dlamini would deliver the ruling virtually either on June 30, 2022 or July 1, 2022. According to the MPs, Simelane indicated on their behalf that they were not comfortable with the arrangement to deliver the ruling virtually and would prefer that they should be brought to court hear the judge in person. According to the two MPs, in the morning Simelane approached one of the registrars to request that the ruling should be made in their presence.
It is alleged that it was at that point that the registrar pointed out that the Matsapha Correctional was flatly refusing to bring the accused persons to the High Court, citing security concerns.
“What cannot be fathomed is why there were security concerns when in fact the same facility was transporting Sipho Shongwe and the accused persons under same security detail,” said the lawyer.
The MPs lawyer said during the day when the ruling was to be delivered on June 30, 2022, at around 7pm his clients were informed that the High Court was to deliver the ruling virtually and they refused and requested that they should be brought to court and that was the last time they heard of the matter until the ruling was received.
“Later in the morning, Registrar Nosipho Mazibuko approached Simelane with a note to say that the ruling will be delivered in court at 1pm. Indeed the ruling was made at that place and time,” reads part of the responses by the duo’s attorney.
Meanwhile, in dismissing the application to amend the charges, Judge Dlamini said it would be prejudicial to the accused persons.
The Crown wanted to amend the first and fourth counts against the MPs.