Africa-Press – Eswatini. Swaziland Liberation Movement (SWALIMO) leader Mduduzi ‘Gawuzela’ Simelane is being accused of instigating violence against Inyatsi Group.
This is contained in court papers in which the construction company is seeking interdictory relief against two respondents in Mavela Sigwane and the Federation of Eswatini Business Community (FEBC).
The company wants to be granted an order interdicting and restraining Sigwane, who is cited as the first respondent, from continuing to make further statements or circulating further voice notes the company feels, are circulated to incite members of the public against the company and its directors.
It is stated in the court papers that Sigwane had caused two voice notes to be circulated allegedly with the intention to incite political violence against the company reminiscent to the political unrest witnessed by the company in June to September 2022.
The argument by Inyatsi Group is that during this period, and as consequence of malicious and false statements that were allegedly peddled by various persons, the company was eventually forced in June 2022 to suspend all operations in order to protect both human life and plant and equipment.
According to the court papers, the incidents of political violence against the applicants are well documented and allegedly caused the company to suffer damages in millions of Emalangeni as a result of damage to machinery and equipment.
“The call by Mr Sigwane has resonated with various political formations and on Saturday 9th December, a political activist by the name of Mr Mduduzi Magawugawu Simelane, acting in furtherance of Mr Sigwane’s voice note, called upon people in this country to rise up against the applicants.
It is, therefore, evident that there exists a real threat against the applicants as a consequence of the statements made by Mr Sigwane,” reads the court papers in part.
The veracity of these allegations is yet to be tested in court where Simelane and Sigwane are excpected to respond.
In their submissions, the company is adamant that they have the right to a protection of their business and not for the respondents to continue with the incitement of citizens to rise against them.
The company is also concerned that it would suffer irreparable harm, which cannot be compensated by the claim for damages in the event that people act on the incitement and institute political violence against them.
“The extent of the damage that was perpetrated against the applicants between 2021 and 2022 was of catastrophic proportions. It is the applicants’ interest to interdict Mr Sigwane from continuing to make statements that are circulated to incite hatred against the applicants as that may lead to political violence against the applicants.”
Inyatsi are alleging that Sigwane has elected to engage in a public campaign against them hence for this reason, the company have no other remedy than to interdict the wrongdoing.
“He (Sigwane) makes scathing statements concerning Cabinet ministers, which are beyond the realms of freedom of speech but constitutes downright hate speech.”
In the voice note, it is alleged that Sigwane insinuated that Inyatsi were the ‘Egyptians” that had to be destroyed and as such ruination was impending.
“In the mind of any reasonable person, Mr Sigwane was essentially inciting members of the citizenry to join forces in the crusade against the applicants for destructive purposes. He called upon people to stand up and fight against the applicants for destructive purposes.
He called upon people to stand up and fight against the applicants. He uses the phrase that these ‘Egyptians’ in reference to the applicants ‘we will see no more’.” Inyatsi are further argued that the voice note constituted incitement as it was allegedly calculated to incite harm and propagate hatred against them.
“In addition to the voice note, Mr Sigwane is on a concerted crusade to influence the minds of Emaswati to rise up and destroy the applicants in the same manner that the biblical Egyptians were destroyed in the red sea. Such conduct is criminal and the conduct of Mr Sigwane must be interdiction before it is acted upon by members of the public,” reads the papers in part.
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