MBABANE: Mduduzi Bacede Mabuza, the Hosea Member of Parliament(MP) has taken the Director of Public Prosecutions(DPP) to court seeking an order to declare his prosecution unconstitutional on the basis that the purported charges against him were a consequence of a political agenda to silence him.
The Hosea MP was arrested by the police on or around the 5th August 2020 shortly after he vigorously moved a motion to stop Government from manipulating the Prevention of Organised Crime Act(POCA) by selectively grabbing properties from citizens who earned a living through cannabis farming.
“This is an application in which I seek an order declaring my prosecution under Mbabane Magistrate Court Case No. 465/2020 unconstitutional on the basis that the purported charges against me are a consequence of a political agenda in that they infringe upon my right to freedom of speech, participation and representation in Parliament as provided for in the Constitution” , read the founding affidavit filed by the MP in his court application.
The MP alleged that in the morning of the 5th day of August 2020, he was arrested by the police at Coates Valley in the Manzini region, he was accused of obstruction under Mbabane case RCCI 3858/2020.
“Upon my arrest I was forcefully(while being assaulted) bundled, despite my protestations that I be at least transported in a Police Security Van, into a Police minibus with over ten(10) Police Officers much against the COVID-19 Rules operative at that time and transported to the old Mbabane Police Station. When we got to the old Mbabane Police Station, at around 0900 hours on the same day, I was kept in an office with the Police Officers who had arrested me and I was denied my right to contact and communicate with my lawyers(reasonable access and confidentiality) as provided for in Section 16(6)(b) of the Constitution” ,read the affidavit in part.
The Hosea MP who is represented by prominent Advocate Mduduzi Mabila further mentioned that his lawyers contacted Senior Superintendent Clement Sihlongonyane, the leader of the Police team that arrested him, who stated that he would not allow them to see him and that he would be taken to court the following day.
Eswatini, a tiny Kingdom situated in Southern Africa is ruled by King Mswati as an absolute Monarch, political parties are banned from participating in elections, MPs, independent journalists, political activists and human rights defenders who challenged the government are arrested, harassed or even killed by State security agents.
Advocate Mduduzi Mabila who is representing MP Bacede Mabuza