Africa-Press – Eswatini. Members of Parliament again called on the Minister of Justice and Constitutional Affairs, Pholile Shakantu, to intervene on behalf of their colleagues so that they are granted bail.
The legislators made an impassioned plea yesterday despite that the minister during the debate of the ministry’s first quarter performance report reminded them of the independence of the three arms of governance.
The minister further pleaded with the legislators to respect the process and let the Judiciary continue with its work without interference from Parliament.
The Constitution recognises three arms of governance, Legislature, Executive and Judiciary, which enjoy autonomy and independence from interference from each other.
Hosea MP, Mduduzi Bacede Mabuza and Ngwempisi MP, Mthandeni Dube were charged with contravening the Suppression of Terrorism Act and murder. MP Mabuza also faces a charge of allegedly contravening regulation 4 of the Disaster Management COVID-19 Regulations Act of 2020.
Their case is still pending in court. During the debate of the ministry’s second quarter performance report yesterday, the legislators pleaded with the minister to consult the relevant authorities if need be and grant the MPs bail.
Colleagues
They said their colleagues were innocent until proven guilty and there should be a serious consideration to grant them bail.
Further, they argued that denying them bail while suspect murderers and rapists who committed heinous crimes were granted bail raised questions on the fairness of the country’s justice system. Their pleas came after reports that the two MPs were allegedly assaulted while held at the Matsapha correctional facility. They demanded answers from the minister on the veracity of allegations that the arrested MPs were assaulted while in custody.
Further, they questioned how correctional services officers could investigate themselves following reports that a team was assembled in-house to investigate the matter.
The legislators said the arrest and alleged assault of the MPs portrayed a bad image of the judicial system and the country.
Ntfonjeni MP, Sifiso ‘Sompisi’ Magagula, sought clarity from the minister following reports of the alleged assault of the MPs by correctional services officers.
“We would like to hear directly from the minister not what we read in the media if this is true or not,” said Magagula. Gilgal MP, Kenneth Sandla Fakudze, wondered how the very same officers who were accused of assault could be tasked with investigating the matter.
“How can the same officers investigate themselves if their colleagues are implicated in the alleged assault,” wondered Fakudze.
He said from past experiences, whenever he took time to visit his colleagues at the correctional facility, he would be told to wait longer than the normal time granted to see and converse with his colleagues.
According to Fakudze they were on most occasions made to wait for over an hour only to be given a mere 10 minutes with their incarcerated colleagues.
He said to them their colleagues were innocent until proven guilty, adding that there should be a serious consideration to grant them bail. Meanwhile, Lobamba Lomdzala MP, Marwick Khumalo, said denying the MPs bail while suspected murderers and rapists who committed heinous crimes in front of witnesses were granted bail raised questions on the fairness of the country’s justice system.
“Why is the system inhumane? Why not release the MPs on bail? According to me they are human and not animals,” he said.
Khumalo pleaded with the minister to consult the relevant authorities if need be and grant the MPs bail.
Afraid
He said government should not be afraid to release the MPs and also not be afraid of what they would say when released.
“I can point out that for seven to 10 days, MP Mabuza was on my case and I let him talk and then talked back. We should not be afraid to let someone talk as that is the way it goes in politics,” Khumalo said. He further stated that he did not understand why the MPs were not granted bail and urged the minister to seriously consider facilitating such.
Minister Shakantu said she would provide a detailed response on the issue in writing and further update the committee on the ongoing investigations of the alleged assault.
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