swaziland times

BABANE – Former Ngwenpisi MP Mthandeni Dube will not pursue legal avenues to appeal his conviction and sentence handed down by the High Court of Swaziland.

Dube has since instructed his former lawyer not to involve him in the appeal filed with his co-accused, former MP Barsade Mabuza, who is the second appellant. Documents filed with the Supreme Court show that the appeal was jointly filed by the two and raised 31 grounds. Mabuza and Dube were sentenced to 25 and 18 years in prison respectively. The two were initially arrested in 2021 for violations of the Suppression of Terrorism Act 2008 and the Sedition and Subversive Activities Act 1938. They were found guilty of all charges against them, including terrorism, sedition and murder. The two have been in detention since then.

Standalone

In a sudden turn of events, Dube then disassociated himself from the legal team led by Ben J Simelane and lawyers and instructed another lawyer, Sandile Motsa of SB Motsa Law Firm, to consider other avenues to appeal the verdict. Mocha confirmed receiving instructions from Dubey. “I met with him after the verdict and he said he felt that even if he pursued the legal avenues to appeal the verdict, nothing would come of it. He said he would not be involved in the appeal being filed by lawyer Ben J Simelane. He made it clear that this did not mean he would not appeal the verdict, but not at this time,” he said.

He said Dubey believed he was convicted for reasons “he didn’t even see” and that appealing to the courts could be a waste of resources. When asked what other avenues Dube had, Mosa said his client had started counselling but had not yet found the right avenue to appeal.“He is by no means saying he accepts the conviction and sentence, but he does not believe anything will change if he appeals at this stage. He essentially believes it would be a waste of resources to do so. Once he has completed his consultations, I think he will announce his next move,” Mossa said.

Mosa said Dube had informed Simelane and his supporters that he would no longer be part of the team. Mosa said Dube had started discussing the matter with High Court Judge Mumsi Dlamini before he handed down the verdict. He expressed surprise that Dube was named the second appellant in the case in the Supreme Court. “Maybe there was a communication breakdown,” he said. Mosa said he personally had not spoken to Simelane about Dube’s issue.Responding to a question on whether Dube’s legal expenses would need to be funded separately, Mosa said: “I presume that Dube will personally raise funds to undertake the new legal action he is taking.”
The appeal, filed this week, finally entered the oral arguments phase and Mosa said it was unclear whether Dubey would appear in the dock, as has been the case since the case was reinstated. Dubey’s family yesterday asked not to comment on the matter.

appeal

In their appeal filed this week, the pair set out 31 grounds why they believed Judge Mumcy Dlamini’s conclusions were wrong, leading to their sentences. The appellant said the sentences imposed on the two men were shocking. The appeal also asked the Supreme Court to consider the sentence imposed by Justice Dlamini, arguing that the court failed to take into account that they were first offenders and that they did not actively participate in causing the damage or causing the death of anyone.

The two men’s convictions and appeals have drawn widespread criticism from human rights advocates, free speech supporters and civil society. Meanwhile, both men have been represented by different lawyers since the case began, including the late human rights lawyer Thulani Maseko, who was eventually shot dead by unknown men. The bail applications of both men were also rejected by the High Court. Another former MP, Mduduzi ‘Gawuzela’ Simelane, who currently lives in exile, has also been issued an arrest warrant.