IDEAL application overtaken by events, academic - NATCOM
MBABANE - National Commissioner of Police William Dlamini says the application filed by IDEAL has been overtaken by a series of events and has become academic.
This is in the matter where the Institute for Democracy and Leadership (IDEAL) is challenging the constitutionality of deploying soldiers to the streets during the political unrest.
IDEAL is a nonprofit making organisation situated at Swazi Plaza in Mbabane.
Challenged
IDEAL further challenged the continuity of Themba Masuku’s acting as prime minister at the time. This was after the riots at the end of June.
The organisation also sought an order directing Eswatini Posts and Telecommunications Company (EPTC), minister of Information, Communications and Technology (ICT), Eswatini MTN Limited and Eswatini Mobile to forthwith restore internet connectivity to all citizens, businesses, or any other places occupied by civilians.
In his answering papers, the national commissioner averred that the present application had been overtaken by events so its finality was not in the interest of justice as alleged by the applicant. It was further his contention that a matter that was academic was prejudicial since there was nothing to gain by any party. “A substantive prime minister has been appointed and the position is no longer vacant. The main application was moved based on what was on the ground back then and I have no doubt that the applicants were unaware of Section 15 of the Police Act read with Section 189 of the Constitution,” he argued. He highlighted that the applicants had not sought to address these sections on their prospects of success.
Restored
Dlamini said: “Furthermore, the internet has been restored. In any event, it was only access to social networks like Facebook, Twitter and WhatsApp that were shutdown based on security threats and precise planning by the insurgents to carry on the attack against citizens and structures,”
It was further Dlamini’s argument that Human Rights Lawyer Thulani Maseko was not authorised to file the application on behalf of the applicants. According to the national commissioner, Maseko allegedly failed to file a power of attorney from the applicants. “He is untruthful and his submissions are not correct,” he argued.
On the issue of late filing by the applicants, Dlamini contended that the explanation was not reasonable and not adequate to convince the court to grant the application for condonation.
“The delay in filing was caused by a lackluster attitude of the applicants legal representative and the application does not provide an acceptable and reasonable explanation for the delay in compliance with the rules and legal principles of the High Court,” he argued.
Judge Mumcy Dlamini, sitting with Judge Nkosinathi Maseko and Judge John Magagula were supposed to hear the matter last week. However, IDEAL filed its heads of argument last Tuesday. They are to file an application for condonation for late filing of the heads of argument. The application will be head on November 18, 2021. Judge Dlamini advised the parties to come prepared for arguing the main matter, depending on the outcome of the condonation application.
During the countrywide protests at the end of June, soldiers were deployed to the streets. IDEAL argued in its application before court that: “Even where there are circumstances which justify the deployment of military troops, which is not the case in the present matter, the presence of the military among the civilian population violates the rules of international humanitarian law.”
IDEAL also described the switching off of the internet as political censorship of those who held differing opinions from those of the loyalists of the current system of governance.