ǯ Ǧ ǣ Ǧ
“Whose permission would he require?” she asked. She stated that maybe in that case, the wives would have to caucus on whether they would allow another wife or not.
However, Member of Parliament (MP) Mabhanisi Dlamini, who is the Chairperson of the Justice Ministry Parliament Portfolio Committee noted that the legal advisor said the man should inform his wife, not necessarily seek her permission. He noted that the reason it was important to inform the wife was because the umphakatsi would also want to know if the other wife had been informed.
PIGG’S PEAK – Prince Kekela warned that the new laws should not be binding to the King.
Prince Kekela is also the Chief of Mvuma. He advised attendees that when they were making submissions, they should be mindful of the role Their Majesties would play, so that the laws did not destroy culture. He also questioned submissions
MBABANE – “He has the propensity to commit similar offences, if released on bail.”
This submission was made by the Crown when opposing the bail application of the man who is accused of burning Ngudzeni Inkhundla.
“The accused has the propensity to commit other offences since after burning the inkhundla in June 2021, there has been similar incidents where various individual’s properties and government structures have been destroyed using similar modus operadi,” submitted the prosecution. It was further submitted about kwenzisa (arranged marriage) which he wondered why it was translated as forced marriage. He said such was an important part of the culture. This is a process where a young woman is given away in marriage. Another submission was also presented by an indvuna yemcuba, who introduced himself as Zulu. He also noted and echoed Prince Kekela’s statement. He that investigations, pertaining the bombings, were ongoing and there was a likelihood that Bongumusa Kenneth Mthembu was involved. It was argued that his release might jeopardise the investigations as he would conceal evidence.
Investigations
The prosecution informed the court that further investigations revealed that Mthembu was allegedly working with others to bomb government and private-owned properties and some of his alleged partners in crime were still at large. Mthembu of Lavumisa, under Chief GasawaNgwane, was arrested together with Bongani Goodman Mamba (26) of further said even chiefs should be protected from losing their authority because of the new laws. Zulu said when chiefs no longer had authority, it meant that even Their Majesties could not reach out to communities, because their authorities were partly vested in the chiefs. He also warned that the laws should be made in such a way that they did not destroy culture.
Nkomonye, under Chief Maja II, who is currently out on bail. He is alleged to have sprinkled petrol at the inkhundla centre and set it alight, causing damage valued at E2 234 000. The offence was committed on June 30, 2021 at Ngudzeni. Mthembu, and Mamba according to the charge sheet, acted in furtherance of a common purpose when they allegedly intentionally burnt the inkhundla centre. The duo is facing a charge of contravening the Suppression of Terrorism Act. “May I state that the incarceration of the accused is in the best interest of justice, in view of the safety of the society and its properties, as well government structures,” contended the Crown.
MBABANE - In his bail application, Bongumusa Mthembu told the court that he was employed by a construction company in Pigg’s Peak.
He denied being anywhere near the inkhundla centre on the day of the incident. He submitted that he had a bona fide defence against the charge.
“I was peacefully asleep at my aunt’s place. I was at home and only learnt about the incident the following morning,” he alleged. Mthembu told the court that through his continued incarceration, he might lose his job and would not be able to take care of his unemployed wife and six children, who were all of school-going age.
Disputed
Detective Constable Jabulani Mhlanga, who is stationed at Nhlangano Police Station in the Criminal Investigations Department (CID), disputed that the accused person had a bona fide defence against the charge. The investigating officer informed the court that Mthembu was charged for contravening Section 5 of the Suppression of Terrorism Act. He said the charge attracted a lengthy sentence, which may induce the accused person to abscond trial.
“We have sufficient evidence against second applicant (Mthembu). He was one of the leaders who forced entry to the inkhundla gate by breaking the padlock using an axe for the crowd to gain entry into the inkhundla centre. His allegation of an alibi is false.
Evidence
“Further there is other evidence from eyewitnesses, who saw the second applicant partaking in the commission of the offence. Second applicant was part of the crowd that burnt down the inkhundla and all the property that was inside it,” said Mhlanga.
Mthembu’s incarceration, according to Mhlanga, was in the best interest of justice ‘in view of the safety of the society and its properties, as well as government structures’. The investigator said he noted that Mthembu said he might lose his job. However, the detective constable said the accused person should have thought otherwise before allegedly committing the offence as he was already employed, had a wife and children he was taking care of.