I was in SA fighting for Eswatini’s political freedom – Thabo
MBABANE – “I was in the Republic of South Africa fighting for the political freedom of Eswatini and democracy.”
These were some of the averments made by self-confessed ‘commander’ of the solidarity forces, Thabo Kunene in his affidavit. This is the same affidavit where he narrates the events leading to his arrest and subsequent detention in Eswatini. Kunene said he went to exile in the Republic of South Africa for political reasons, when there was political unrest in the Kingdom of Eswatini. Annexed to his affidavit is the preliminary assessment report on the civil unrest in Eswatini that was compiled by the Commission on Human Rights & Public Administration/Integrity in June 2022.
He submitted that he was allegedly unlawfully arrested and was, therefore, laying charges of abduction, kidnapping and attempted murder against all those who were behind the act. “I am laying criminal charges against all the accused persons for all the offences, which were committed in Rustenburg in the Republic of South Africa,” reads part of the statement dated June 20, 2023.
The alleged perpetrators, according to Kunene, are Andile Nkomonye known as Dr Mkhulu, Qiniso Nkomonye and the two senior police officers, Clement Sihlongonyane and Thabo Hlophe. In the statement, he recorded behind prison walls, Kunene argued that his arrest was allegedly unlawful rendition as there was no extradition order issued by any court in the Republic of South Africa.
In his statement, he was adamant that at all material times he went to exile in the neighbouring country when there was what he termed as political unrest in the kingdom. He alleged that when he was arrested in the Republic of South Africa, he was allegedly tortured, assaulted, abducted and kidnapped in Rustenburg at the homestead of Dr Mkhulu, purportedly by Sihlongonyane, Hlophe, a police driver and Qiniso.
He submitted that the aforementioned individuals were at all material times acting jointly and severally in the furtherance of a common purpose. “Both Clement Sihlongonyane, Thabo Hlophe and the police driver arrested me and Sibusiso Nkomonye in the Republic of South Africa without a warrant of arrest or an extradition order,” reads part of Kunene’s affidavit. He said he was, therefore, laying the following criminal charges against them: Attempted murder at common law, human trafficking, kidnapping and abduction.
He stated that since the above purported offences were allegedly committed in Rustenburg in the Republic of South Africa, the prosecuting authority vested on the State (South Africa). “I verily believe that I was illegally abducted, kidnapped and rendition into the Kingdom of Eswatini without any due process of the law,” he argued.
These are allegations whose veracity is still to be tested in court and the respondents are yet to file their papers. The two are currently awaiting their trial date as during their late remand hearing, the prosecution obtained an order for them to be summarily indicted at the High Court of Eswatini.
Murder
Kunene and his co-accused Sibusiso Nkomonye are facing 43 charges of allegedly contravening the Suppression of Terrorism Act of 2008. The charges include six of murder, 17 of attempted murder, nine of malicious damage to property and two counts of arson. The accused persons, as per the charge sheet, also had a hand in the murder of a His Majesty’s Correctional Services member (warder) Mike Mthethwa, murder of Zandondo Chief Mahloma, shooting at the homestead of Chief Justice Bheki Maphalala and the murder of law enforcement agents.
In the summary of evidence, the prosecution submitted that during the month of June 2021, there was civil unrest in the country. The Crown went on to submit that during the unrest, government and most of emaSwati had their properties seriously damaged and or burnt, and lives were lost and some injured. “A group of people who called themselves ‘underground solidarity forces’ emerged. The attacks were targeted mainly at the armed forces, judicial officers, prosecutors, traditional authorities, regiments, Members of Parliament (MPs) and the public.”
It was further the submission of the prosecution that on July 25 of the same year, Kunene who introduced himself as a ‘commander’of the solidarity forces made a number of instigating, threatening and intimidating statements. The prosecution recently applied and obtained an order to seize, among other things, the camouflage jackets with hoods that were worn by Kunene and Sibusiso when they made their maiden court appearance at the High Court.
The other items which had also been seized by police through the court order are cellphones, camouflage trouser, commercial explosives, explosive blasting cartridge and an electric cable. In the application to seize the items, the police submitted that they had reasonable belief that they were purportedly used by the accused persons in the commission of the offences. In the application to seize the items, the Crown submitted that on that Friday, the duo led a team of investigators to Bulunga, where they allegedly pointed out some exhibits.
According to the prosecution on arrival at Bulunga, the accused persons pointed out one commercial explosive, blasting cartridge and an electric cable next to Sibusiso’s homestead. Among the cellphones which had been seized by the police through the court order, is the one that was allegedly found at the scene after the bombing of a railway line at Sidvokodvo. Nkomonye allegedly had a hand in the bombing of the railway line.