Hunter had no authority to take hubby - wife

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M– An agreement between South African billionaire Patrice Motsepe’s company, African Rainbow Minerals (Pty) Ltd and Hunter Shongwe to locate a liSwati employee of the company accused of theft has resulted in a two-way lawsuit involving millions of Emalangeni.

The 2019 agreement between Private Investigator (PI) Hunter Shongwe and African Rainbow Minerals (ARM) was that the PI should locate the whereabouts of the liSwati man, Clement Sotja Dlamini of Endodeni/Ekutsimleni, who was employed by AMR as a truck driver and was accused of stealing the truck he drove or its load.

The agreement for the private investigator (PI) services stated that Shongwe was supposed to interview Dlamini upon locating him, persuade him to return to South Africa (SA) and he should be handed over to members of the South African Police Service (SAPS), who had an outstanding warrant of arrest against him.

The letter of appointing Shongwe for the job of finding Dlamini, issued by ARM on June 12, 2018, stated that once Shongwe apprehended him, he should hand him over to members of the Royal Eswatini Police Service (REPS) to be extradited to Badplaas police under a warrant of arrest that was issued by a magistrate in Carolina.

However, Shongwe, according to evidence he gave before Principal Judge Qinisile Mabuza on October 31, 2022, did not hand Dlamini to local police but took him to SA because there was friction between him and the police in Eswatini. In the matter before the principal judge, Shongwe is demanding compensation of E1 million for alleged defamation from Dlamini’s cousin, former Mkhiweni Member of Parliament (MP) Maqhawe Mavuso.

According to Shongwe, on February 20, 2020, during the television show, People and Places on Channel YemaSwati, Mavuso allegedly made malicious and defamatory allegations about him.

Shongwe said Mavuso accused him of trafficking Dlamini to the neighbouring country where he was imprisoned to 12 years.

eXTraiDiTiOn

On the other hand, Dlamini’s wife, Celiwe Phindile Msibi and Mavuso are demanding E12 million from Motsepe’s company, Shongwe, his PI company, Huntsip Private Investigator, and the governments of SA and Eswatini, among others, for the manner her husband was taken to SA allegedly without proper extradition.

They are also demanding the money from the prime minister, national commissioner of police, ministers of Commerce, Industry and Trade, Home Affairs and Foreign Affairs and International Cooperation. Others are Interpol Eswatini, Commission on Human Rights and Public Administration/Integrity,

Billionaire businessman Patrice Motsepe’s company, ARM, is being sued with other entities for E12 million by a liSwati woman.

director of public prosecutions (DPP) and the commissioner of South African Police Service (SAPS), each paying the other to be absolved.

When Shongwe fetched him from his home at Endodeni/Ekutsimleni under Chief Maloyi in the Manzini Region, he was acting in his capacity as a private investigator, having been instructed by ARM. The request to locate Dlamini is dated June 12, 2018. It was signed by Garth Roberts Group Protection Services Manager African Rainbow Minerals.

It was addressed to Huntsip Investigators - Baseshi for the attention of the Director, Shongwe. It stated that the PI was being

instructed to investigate and find Dlamini, whom it referred to as a suspect.

Once arrested, read the request, Dlamini should be handed to members of REPS to be extradited to Badplaas South African Police Service under a warrant of arrest issued by a magistrate in Caroline on June 8, 2018. Dlamini was accused of theft committed on April 14, 2018, and the value of the stolen commodity, according to the request, was R583 083.85.

In terms of the agreement for private investigator services between the PI and African Rainbow Minerals Limited, Shongwe was to be paid E40 000, excluding VAT, for his services. He was to be paid E5 000, on the date of signing the agreement and E35 000 within five days of executing the service in full.

PrOCeDUre

Dlamini’s wife, Msibi, said on February 12, 2019, when Shongwe arrived at their homestead, he was not in possession of any legal authority, extradition order, court order, warrant of arrest or authority of the Government of Eswatini in terms of the Criminal Procedure and Evidence Act of 1938.

She also said Shongwe did not have an extradition order in terms of the Extradition Act 1968. She alleged that Shongwe went against the extradition agreement between the Government of the Republic of South Africa and Eswatini 1968, the Fugitive Offenders (Commonwealth) Act 1969, The Criminal Matters (Mutual) Assistance Act 2001, the Money Laundering

(Prevention) Act 2001, the Suppression of Terrorism Act 2008 - Part VIII on Extradition and Mutual Assistance in Criminal Matters and The People Trafficking and People Smuggling (Prohibition) Act 2009.

She alleged that Shongwe did not involve the governments of Eswatini and South Africa, commissioners of REPS and SAPS, the Judiciary, ministers of Home Affairs and Foreign Affairs and International Cooperation, Interpol Eswatini and DPP. Msibi also stated that Shongwe did not follow due process of the law when he apprehended him. She said the PI violated the constitutional protection of the right to personal liberty and rendition, when he ‘extradited’ Dlamini to the Republic of South Africa, specifically to Badplaas Police Station, through Ngwenya Border Gate.

Msibi said Shongwe allegedly induced undue influence, coercion, extortion and duress on her husband to submit to malicious or unlawful arrest and violation of the protection of the right to personal liberty.

Meanwhile, at the end of October 2022, Shongwe implored the High Court to see to it that Mavuso was punished for allegedly defaming him. This was during the matter in which Shongwe is suing Mavuso E1 million for defamation. The PI alleged that Mavuso that he (Shongwe) and the police in both countries had orchestrated some wrong doing involving Dlamini, who is the former MP’s cousin.

On March 14, 2020, the Eswatini Observer carried an article with the same allegations and Shongwe