By Zweli Martin Dlamini

MATSAPHA: Armed warders from the Correctional Services Rapid Response Unit allegedly invaded prison cells of Bacede Mabuza and Mthandeni and tortured the incarcerated pro-democracy Members of Parliament(MPs).

An independent investigation by this Swaziland News uncovered that the armed warders led by Superintendent Robert Gama were dressed in full riot gear including balaclavas when attacking the pro-democracy MPs.

Reached for comments, Sicelo Mngomezulu, the South African Correspondent Attorney representing the pro-democracy MPs confirmed that his clients were attacked by the armed warders at night.

“On Thursday (10 Feb. 2022) morning at about 1am, armed officers from the Correctional Services Rapid Response Unit 'kicked' open the doors of MP Bacede Mabuza's prison cell, rudely woke him up from his sleep and hurled insults at him. The officers led by Robert Gama were in full riot gear and had their faces concealed with balaclavas”he said.

The lawyer representing the pro-democracy MPs further mentioned that the warders from the Rapid Response Unit threatened to assault Bacede and demanded to strip-search him before turning his bed upside down.

“Whilst doing all this they intimated that they were there to show him that he was just a ‘normal prisoner. The same was done to MP Mthandeni Dube”, said the lawyer representing the incarcerated pro-democracy MPs.

This disclosure comes a few weeks after MP Mthandeni Dube appeared in court struggling to walk and this investigation was triggered amid reasonable suspicion that the pro-democracy MPs were regularly assaulted by Correctional Services officers.

Reached for comments, Senior Superintendent Gugulethu Dlamini, the Spokesperson of the Correctional Services said she would wait for an instruction from Government before commenting on this matter.

“I will have to get permission from Government before commenting”, said the Correctional Services Spokesperson.

But a senior officer within the Correctional Services who is very close to the matter and has been supporting the calls for democratic reforms behind the scenes told this publication that the MPs were assaulted on Thursday.

“It’s better that you have called me, I wanted to speak about this matter and other issues happening here but was reluctant because my phone is being monitored these days. The MPs were assaulted by bo-Gama, they wanted to just prove a point to them, there are other issues that we need to discuss”, said the Correctional Services insider. 

Before being subjected to assault, torture and harassment within the prison cells, the MPs were arrested and charged with terrorism among other politically motivated criminal charges after demanding democratic reforms on behalf of the people who elected them. 

As per an electronic evidence obtained by this Swaziland News, the order to arrest the MPs was allegedly issued by King Mswati.

Speaking to this publication, Human Rights Lawyer Sipho Gumedze said apart from the fact that the harassment of the pro-democracy MPs might be influenced at political level, some Correctional Services officers lacked training with regards to the rights of prisoners.

“When the prison was converted into a Correctional Service, there was no training for the officers hence some officers are still ill-treating prisoners”, said the Human Rights Lawyer. 

It has been disclosed that the harassment, torture and or assault of the pro-democracy MPs within their prison cells does not only undermine basic human rights enshrined in the Constitution but a gross violation of the United Nations basic Principles for the Treatment of Prisoners.

On or around the 14th December 1990, the United Nations General Assembly adopted Resolution 45/111  that sought to create or act as a guideline for the establishment of a legal framework for the protection of prisoners rights in member countries.

“All prisoners shall be treated with the respect due to their inherent dignity and value as human beings”, reads part of the UN basic principles for the treatment of prisoners.

Reached for comments, Nosimilo Vilakati, a United Kingdom(UK) based Swazi Human Rights Lawyer described the ill-treatment of the pro-democracy MPs as a violation of international law.

“The Prison service was renamed Correctional Services because it is meant to rehabilitate as opposed to punishing. The Prison Act protects prisoners and Section 18 of the Constitution talks about the right of dignity which is inviolable . What the government is doing is breaking every domestic as well as international law around the treatment of detained persons. The MPs are political detainees, whose rights to liberty have already been taken away by the State, due to their political believes. In accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners 1977, unconvicted prisoners are presumed innocent and shall be treated as such”, said the Human Rights Lawyer.