Bacede, Mthandeni trial report released
mfanukhona@times.co.sz BABANE – A fact-finding mission led by a former judicial officer has found that the two incarcerated MPs were exercising their right to freedom of expression and opinion.
Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza and Ngwempisi MP Mthandeni Dube were arrested on July 25, 2021 and have been held in detention ever since.
The trial observation mission has resulted in a decision to dispatch another one in the coming months to strengthen democracy calls.
It would be led by the Inter-Parliamentary Union (IPU) Committee on Human Rights of Parliamentarians and shall be dispatched in the coming months.
MORGANISATION
The IPU is a global organisation of national Parliaments. It empowers Parliaments and parliamentarians to promote peace, democracy and sustainable development.
Mduduzi ‘Gawuzela’ Simelane, a former MP for Siphofaneni, fled the country before an arrest warrant could be implemented.
They were charged with contravening the Suppression of Terrorism Act and murder. MP Mabuza was further charged with contravening COVID-19 regulations. Since the matter is sub judice, the details of the report cannot be mentioned. Sub judice means the case is under judicial consideration and therefore prohibited from public discussion elsewhere. Notably, the trial observer might have not understood the background of the matter as there are glaring errors in the report.
Rahim Kahn, a distinguished attorney and former acting chief magistrate in Botswana with over 40 years of legal experience, was designated by the IPU to attend and follow the final trial proceedings against MP Mabuza and MP Dube.
The trial proceedings took place from November 8-10, 14-16 and on December 13, 2022. 1. 2. 3. 4.
THE GOVERNING COUNCIL OF THE INTER-PARLIAMENTARY UNION DECIDED AS FOLLOWS – (EDITED)
Thanks the Speaker of the House of Assembly for his recent letters and continued cooperation, including with regard to the fulfilment of Rahim Kahn’s trial observation mission;
Thanks Rahim Kahn for carrying out this mission and for his comprehensive report;
Deeply concerned over the several deficiencies identified in the trial observer’s report in the handling of the legal proceedings brought against Mabuza and Dube, particularly the delays in the proceedings; Council trusts that the judge in the case will carefully and critically assess what evidence, if any, exists in support of the charges and will quickly adopt a verdict;
Council trusts that a thorough and independent investigation into the alleged assault of the two parliamentarians in September 2022 in detention has since been carried out and completed; and Council
His report has also resulted in a decision being adopted unanimously by the IPU Governing Council at its 211th Session on March 15, 2023 in Manama, the capital city of the Kingdom of Bahrain, an island country in the Persian Gulf, situated east of Saudi Arabia and north of Qatar.
Giving a background of the case, wishes to ascertain if this is indeed the case and what conclusions the investigation has reached;
Notes with great interest the efforts made within the context of SADC to resolve the political challenges and promote national dialogue in Eswatini. Council affirms that the IPU stands ready to provide any assistance that may be considered useful in this regard;
6. Sincerely believes that, over and above ongoing and new efforts to strengthen democracy in Eswatini, a mission by the IPU Committee on the Human Rights of Parliamentarians, shall be dispatched in the coming months;
Requests the secretary general to convey this decision to the speaker of the House of Assembly, the complainant and any third party likely to be in a position to supply relevant information;
Council requests the committee to continue examining this case and to report back to it in due course. 5. 7. 8.
Kahn, the trial observer, said the basis of the charges were statements made by the accused persons in which they encouraged members of the public to deliver petitions and reject the appointment of the acting prime minister (PM).
The issue, though, was not about the appointment of the acting PM