By Zweli Martin Dlamini

Judge Mumcy Dlamini acted in the interest of justice by granting alleged serial rapist Government Spokesperson Alpheous Nxumalo bail, this is a constitutional right as per the presumption of innocence until proven guilty principle.

But Judge Mumcy Dlamini whose judgements are determined by the political identity of the suspect before her, remains a captured hypocrite who does not deserve any respect from the citizens.

Well, I’m fully aware that, the Judge was used in the politically motivated terrorism case involving convicted pro-democracy Members of Parliament(MPs) Bacede Mabuza and Mthandeni Dube but, the mere fact that she was complicit in persecuting of the innocent MPs makes it difficult to applaud her for treating Nxumalo fairly.

Government Spokesperson Alpheous Nxumalo deserved bail, he is alleged to have raped two(2) children and, the authenticity of evidence is yet to be presented and tested by the court.

Nxumalo is not a flight risk, his entire life is grounded in eSwatini and cannot survive outside the Tinkhundla system of governance.

The Government Spokesperson has already been ‘convicted’ in the court of public opinion but, we will continue to appeal for justice, Nxumalo deserves a fair trial and in the mean meantime must be treated as an alleged serial rapist until the court found him guilty, if he is innocent, he will be acquitted.

Nxumalo is lucky because his case is not thretening the existence of the Throne otherwise, Judge Mumcy Dlamini wouldn’t have released him on bail, he is accused of raping children with no royal blood.

Around 2007, I was once contracted by the United Nations Development Program(UNDP) to write some gender equality scrips and other educational messages on gender and the rights of women.

So one day I had the privilege of attending a Genger Equality event at the Royal Swazi Hotel-Ezulwini, I was sitting next to Judge Mumcy Dlamini, the then Director of Public Prosecutions(DPP).

Furthermore,I had the privilege to chat with Constance Simelane, the then Deputy Prime Minister(DPM) whose Ministry was responsible for women rights issues.

DPP Mumcy Dlamini as she then was,told me that “she doesn’t tolerate women abuse, she was congratulating me after I recited a poem before the then DPM and other high profile people including diplomats”.

But despite her personal opinion and principles on the rights of women, Judge Mumcy Dlamini was able to balance Alpheous Nxumalo’s rights and grant him bail, that’s what we expect from Judges.

We expect fairness and cases must not be determined based on public opinion or political influence but facts or evidence.

Indeed, we can have different opinions about Alpheous Nxumalo but, he is innocent until proven guilty, the court will help us conclude whether Nxumalo is a serial rapist or not, for now he is a suspect or “alleged rapist”.

But in conclusion, it is important to state that, we need a criminal justice system that will be above politics and determine cases fairly.

We recently saw Nigerian Pastor Timothy Omotoso acquitted by the South African court, many people were disappointed particularly after following the case and the evidence that was presented by some of the victims.

I am not disappointed with Judge Mumcy’s decision to release Alpheous Nxumalo on bail because criminal cases are not determined based on public opinion but, facts or evidence.

It is therefore important to state, at this juncture, the Judge was expected to act in the interest of justice, taking into account the rights of both the suspect and the victims. 

Judges must not be influenced by editors or journalists’ opinions when determining cases, even if we can expose that individual, once a suspect appear before a Judge, he/she must be treated like a suspect and with fairness until proven guilty.