Punish ex-MP, Hunter tells court
MBABANE – Private Investigator (PI) Hunter Shongwe says the High Court must see to it that former Mkhiweni MP Maqhawe Mavuso is punished for allegedly defaming him.
In the matter in which Shongwe is suing Mavuso E1 million for defamation, he told the court that on February 20, 2020, at Nkoyoyo, during the television show, People and Places on Channel YemaSwati, the former Member of Parliament (MP) made malicious and defamatory allegations about him.
The former MP, according to Shongwe, ‘trafficked’ one Masotja Clement Dlamini, who had committed criminal activities in the Republic of South Africa, and he allegedly handed him to the neighbouring country, where he was imprisoned.
The PI alleged that Mavuso and the police in both countries had orchestrated some wrongdoing involving Masotja, who is the former MP’s cousin.
On March 14, 2020, the Eswatini Observer carried an article with the same allegations and Shongwe told the court that these were published at the instance of Mavuso.
After Masotja had been taken to South Africa (SA) by the PI, Shongwe alleged that he was accused of having expressed to Masotja’s wife that he wanted to take over and have sexual intercourse with her since her husband was gone.
Hosted
Yesterday, before Principal Judge Qinisile Mabuza, Shongwe submitted that after the television programme, hosted by Qhawe Mamba, was aired on Channel YemaSwatini, he received a lot of phone calls from concerned people. He said a number of people enquired about the allegations made by Mavuso.
He said he was a priest in the Jericho Church and Mavuso had destroyed him completely with the allegations he made about him.
“Ngibolile ngulomontfu lona. I was hounded by many people locally and internationally, as far as overseas. They included members of my church and business associates. My business was affected as I was no longer getting clients,” said Shongwe.
The PI said he told those who were concerned and enquired about what they had heard being said during the television programme, and read in the newspaper, that he had denied the allegations made by Mavuso.
He said he explained to them that his job also entailed locating a person who had fled another country. He said in this case, he was engaged lawfully and was paid for the job he did.
He denied that the payment was a bribe, as alleged by the former MP. Shongwe informed the court that he had told Dlamini’s wife that she could visit him in Baadplas. The wife, according to Shongwe, had called him regarding her husband. The PI is represented by Derrick Jele of Robinson Bertram.
During cross-examination by Mavuso’s representative, Leo Ndvuna Dlamini of LN Dlamini and Associates, the plaintiff was asked to state the legislation that enabled him to perform the duties of a PI. Shongwe told the court that he had a trader’s licence.
Empowered
Leo enquired from the PI if the licence empowered him to arrest a person.
“Does the licence allow you to arrest someone and take them to South Africa without an extradition order?” asked Leo. Shongwe told the court he was not allowed to do that.
Leo said: “Since you are not allowed to do that, you contravened the law by taking someone to South Africa. You deprived this person of his constitutional right when you unlawfully took him to South Africa.”
Shongwe said Masotja was not a child but a man. He submitted that Masotja was not forced to go to SA, but did so willingly.
Leo put it to Shongwe that his conduct was unlawful because there was no extradition order. He accused the plaintiff (Shongwe) of violating extradition laws.
According to Leo, what the Eswatini Observer and Channel YemaSwati broadcast or published amounted to fair comment, based on the laws of the country. The attorney stated that Shongwe did not comply with a letter from the police to the effect that, should he locate Masotja, he should hand him over to law enforcement.
Willingly
Shongwe alleged that he accompanied Masotja and that he went to the border gate willingly. The PI disputed that he broke the law.
“Masotja went to meet his former employers whom he had run away from with E1 million worth of gold,” he said.
He also informed the court that his claim for compensation was based on his suffering, which was allegedly brought about by what Mavuso had done to him.
“I never sent him to go to the newspaper or any other media. What he did, going to the media, was unlawful. I am suing him based on what he did. I never extradited anyone.
“I never arrested anyone. I am entitled to the claim because he (Mavuso) did this on purpose. He knew what he was doing. He has to pay,” added Shongwe.
Both Jele and Leo closed their cases yesterday and they will now file their submissions.