The Campaign for Free Expression is shocked by the harsh, unjust sentences of two former Eswatini MPs who were this week jailed for 25 and 18 years respectively after they were held responsible for instigating the civil unrest that claimed the lives of about 50 people in 2021.

The court heard how prior to the unrest the two, Bacede Mabuza and Mthandeni Dube, held press conferences where they urged people to claim their democratic right to assembly and called for the legalisation of political parties and other constitutional rights. For this, they were charged with terrorism.

They were also held responsible for the deaths of two men who were run over by a motor vehicle during the unrest, although they were not at the scene and had no apparent link to the incident. They were found guilty of murder for the deaths of the two men, Thando Shongwe and Siphosethu Mtshali, who were run over by a motor vehicle at Nkwalini, Mbabane, during the unrest.

Mabuza received a 15-year sentence for each of the deaths, and Dube 10 years for each. They received total sentences of 85 and 58 years respectively, though the sentences will run concurrently, making it an effective 25 and 18 years.

High Court Judge Mumcy Dlamini convicted them on the basis of dolus eventualis, which is the notion that they could have foreseen the possibility of harm from their actions. They argued that they were nowhere near the site of the accident and that it should have been the driver’s responsibility to exercise caution on the road.

“This is outrageous. Calling on people to demand or exercise their rights is not terrorism, it is standard behaviour for MPs. Blaming them for the unrest and for car accident deaths that they have no connection to stretches credulity and casts doubt on the role of the country’s judiciary,” CFE said.

“The unrest has deep roots in the conditions in the country and the lack of democracy and human rights. This case reinforces the lack of human rights and an independent judiciary and this points to the real issues at stake in Eswatini,” CFE said.

CFE calls for their immediate release.

CFE believes this sentencing to be an affront to freedom of expression, freedom of assembly, good governance and undermines provisions of the Constitution, which guarantees and secures these rights.

CFE implores the Supreme Court of Eswatini to protect the constitutional mandate of the Judiciary as it considers the appeal that may be lodged by the two as well as the fate of other politically motivated cases scheduled to be tried in the courts of the Kingdom.

Contact: Anton Harber
anton@harber.co.za
+27 83 303 9497