MBABANE:Marcus Phiwokwakhe Mkhabela,a former police officer has reported Chief Justice(CJ) Bheki Maphalala to the Law Society of Swaziland(LSS) for allegedly demanding ten thousand Rands(R10,000.00) to influence his reinstatement or alternatively,compensation through an appeal judgement.
It is alleged that,Mkhabela was constructively dismissed within the police service after being subjected to injustice.
Reached for comments by this Swaziland News on Saturday morning,Charity Simelane,the Secretary General(SG) of the Law Society of Swaziland(LSS) confirmed that, the organization for legal practitioners received the complaint from the former police officer.
“I can confirm that,we have received the complaint you have just mentioned”, said the Law Society Secretary General of Charity Simelane Attorneys.
In an email seen by this publication,the former police officer who was based at KaPhunga Police Station in the Lubombo Region,alleges that on or around 2015, he was charged with theft together with his former colleague in the police service, the colleague as confirmed by the police officer,is Mathokoza Ginindza.
“We were accused of stealing a laptop and a sum E12 000 from a scene of accident around Mkhondvo in the Shiselweni Region.The trial took off before Principal Magistrate Florence Msibi while Mandla Dlamini prosecuted.We were served with a summary of evidence indicating that one Joyce (who had no surname)was to tell the court that the deceased motorist showed her a sum of E12 000 before he departed and subsequently died in the accident.To our shock,the said Joyce was never paraded as a witness in court!. Instead,one of the investigating officers Inspector Mpendulo Dlamini(Hlatikulu Desk Officer)told the court during cross-examination that Joyce was unknown to them and so was the R12 000 issue!. He narrated that they only heard rumours but no one formally reported to the matter the police! He disclosed that he was only instructed to formally charge us.The prosecutor approached us one day and explained that he explained to the police that the evidence was too shallow to prosecute but senior police officers insisted the matter should proceed with or without evidence”, he said.
Mkhabela further told the Law Society that,the officers who were part of the Chief Justice’s syndicate that persecuted him included one Celani Mabuza(now retired),Elvis Shabangu, the incumbent Shiselweni Regional Commissioner who was the lead investigator at the time holding the position of Regional Crime Branch Officer(RCBO)and one Fondololo Mabuza (former in-charge Lukhozi,now retired).
“I indicated that I would apply for an acquittal at the close of the crown's case (section 174(4)Criminal Procedure...) but Florence objected and instructed me to make written submissions.She insisted that she wouldn't permit that!.May I hasten to highlight that during the course of the trial,she referred to the matter as the Chief Justice's “special project that needed to be quickly disposed off. “We were eventually convicted on 2022 and told to go home until she called us for sentencing”, said the police officer in email sent to the Law Society.
A questionnaire was sent to Senior Superintendent Phindile Vilakati,the Police Spokesperson,however, she had not responded at the time of compiling this report.
The police officer further alleged that,after their conviction,they were not summoned to court for sentencing until he wrote a letter to the Registrar of the High Court enquiring about the delay of the sentencing.
“We were not called for sentencing for almost a year until I wrote to High Court Registrar and were called three days later and sentenced to 7 years imprisonment with an option of E7000 fine.I request to be furnished with the statement of Joyce having realised that she was just a fictitious character and the prosecutor told me that the police lost the docket.I enlisted the services of Mr Leo Ndvuna Dlamini for my appeal and he told me it was due in court in June 2023 but that didn’t materialize ”, he said.
A questionnaire was sent to the Chief Justice, however, he had not responded at the time of compiling this report,and efforts to reach Magistrate Florence Msibi proved unsuccessful.
On another note, the police officer alleged that,after the sentencing, he then met Nikiwe Maphalala,a sister to the Chief Justice,he said he knew the Chief Justice’s sister within the business circles.
“I know her from business circles.I narrated to her how the police manufactured charges against me and a former colleague and how were convicted despite their confession in court that the charges had no basis,it was just rumours.I met a close acquintace of the judicial officer who had been following the matter, a few days after the conviction and expressed shock at the manner in which the trial was conducted and the subsequent conviction. He narrated how the judicial officer and her close “friend" the retired in-charge stock theft (Celani Mabuza) used to discuss the matter in his presence.He said Mabuza would literally beg the magistrate to pronounce a conviction so as to harmonise the conviction they had pronounced against my co-accused during a disciplinary hearing.May I highlight that Mr Mabuza was a member of the police disciplinary tribunal that heard the same matter.Nikiwe had all the details of the matter and even mentioned the names of the police officers involved”, said the ex-police officer through email.
The former cop said,Nikiwe Maphalala,after hearing the matter, then promised to take it up with his brother Chief Justice Bheki Maphalala.
“She promised to take up the matter with his brother, the CJ.She called days later and briefed me on the progress and further sent me her conversations with the CJ in the form of text messages (SMS). She then requested that I sent her a sum of E3000.00 which she termed the CJ's "drink" as they would be meeting at Sibebe Resort for further discussions.I sent her a sum of E2500 and she cormfired receipt of same. She called again a few days later and asked if I wanted to return to work or demand compensation and I told her I would prefer the latter.She then informed me that the CJ instruction was that I prepare a sum of E10 000.00 to be given to the judge he would allocate the appeal.I reminded Nikiwe that his brother was responsible for the whole mess and as such,I wasn't prepared to bribe him to clean his own mess.I further requested her to bring back the E2500. She promised to pay it back but never did.She told me that the appeal would never materialise and that was the last time I reached her as both her numbers are no longer available in both local networks.No words can illustrate how much prejudice I have suffered as a result of the trumped up charges, sham of a trial and conviction l'm desirous of getting justice and I hold the firm belief that your office has the capacity to assist in this regard”, said the former police officer.
Chief Justice Bheki Maphalala(pic: wikipedia).