AMOS MBEDZI TO FACE TRIAL

Swaziland Solidarity Network statement

12 June 2011

SOURCE

AMOS MBEDZI TO FACE TRIAL

Three years after being arrested for the attempted bombing of a bridge at Lozitha, Amos Mbedzi’s application that he be acquitted on all charges and released from jail has been rejected by the Swazi courts.

In a 112 page document, the presiding judge, Justice Bheki Maphalala, has ruled that Mbedzi was there at the scene of the crime and has to face trial on five counts, which are:

1. Contravening Section 5(1) read with Section 5(2)(a)(ii) of the Sedition Act and Subversive Activities Act No. 46 of 1938 as amended in that on 20 September 2008 at Lozitha he unlawfully and with subversive intention attempted to damage Lozitha bridge by placing and assembling explosive devices.

2. Contravening section 14 of the Immigration Act in that on the same date not being a Swazi citizen, he unlawfully entered and remained in Swaziland without a valid passport.

3. The murder of both Musa ‘MJ’ Dlamini.

4. The murder of Jack Govender.

5. Contravening Section 9 as read with Section 8 of the Explosive Act in that on the said date, he unlawfully possessed explosives without a licence or permit.
Mbedzi has pleaded not guilty of all charges except the second.

According to the judge, Mbedzi’s letter of apology to the king, Prime Minister and royal family is the main reason why Mbedzi lost his pre-trial case.
Further evidence linking him to the crime, according to the judge includes:

1. The fact that he was identified by one of the employees of Kai Kai hotel as one of the four people who had been booked there. The employee further identified the car that had been damaged by the bomb explosion as the same that had been used by the four men.

2. Evidence from experts working for Vodacom and The South African Police service indicate that he had been in constant contact with the deceased while travelling to Gauteng and Swaziland.

Unfortunately, the evidence provided does not prove beyond reasonable doubt that he was more than just a bystander. Moreover, the murder charge lacks credibility as it lack a clear intention.

Maphalala’s statement that, "Even though the accused did not mean to kill the deceased; however, he intended their death because he foresaw it as a possible result of setting up the bomb," is self contradictory and implies that the court has already proven that Mbedzi set up the bomb. This is despite the fact that the judgement document states that he was ten meters away when it exploded.

The Swaziland Solidarity Network therefore finds this judgement completely unfair and should the trial proceed, Maphalala must recuse himself as he has proven to be acting outside the parameters of the law in his judgement of the case. We continue to support Mbedzi and know that it will be proven that his trial is nothing but a result of Mswati’s vindictiveness.

Issued By The Swaziland Solidarity Network [SSN]

POLICE TORTURE IN SWAZI ‘BOMB’ CASE

Swazi police tortured two men accused of terrorist activities to get them to confess.

The Swaziland High Court was told that more than 12 police officers tied one of them to a bench, handcuffed him and then used a rubber tube, plastic bag and surgical gloves to suffocate him in an attack that lasted more than an hour.

Bhekumusa Dlamini, who is accused of involvement in a spate of petrol bottle attacks in Swaziland, said in a written statement to the court that he was arrested at his home and taken to KaPhunga Police Station where he was attacked by at least 12 police officers.

Bhekumusa Dlamini said, ‘I was insulted, called names, slapped on my face and all over my body by the whole contingent of officers therein.'

He went on, ‘At KaPhunga Police Station, I was severely tortured, tied onto a bench facing up, my chest tied around the bench, my legs as well and my arms were handcuffed at the back around the bench.

‘For over an hour or even more I would be suffocated by use of a rubber tube, plastic bag and surgical gloves. One officer carried a jar full of cold water that he would spill onto my face each time the suffocation tools were momentarily moved.

‘I was suffocated to the extent that I soiled myself and I was in no position to deny anything I was told to admit.’

In another separate incident, Zonke Dlamini, who is charged alongside Bhekumusa Dlamini, told the High Court in a statement that he was taken to KaPhunga Police Station and tortured in the same way as Bhekumusa Dlamini, but this time 18 police officers were involved.

In a statement to the court he said he almost lost consciousness several times. He says the torturing made him confess to involvement in terrorism.

Torture by police officers in Swaziland is common. On Monday this week (26 July 2010) I reported how at least 10 police officers were caught torturing a suspect at Mbabane police station.

On Tuesday I reported how a case had been filed in the Swaziland High Court against police in Manzini after a man accused of stealing a cellphone was suffocated after he had his hands cuffed and his feet tied.

STATE SMOKESCREEN ON JELE DEATH

The Swazi state is trying to create a smokescreen over the death of democracy activist Sipho Jele.

As the inquest into his death in custody rumbles on lurid allegations are being made about Jele. We are told police found a seditious document at Jele’s home; that he had an expired membership card for the banned People’s United Democratic Movement (PUDEMO); that he had links to alleged terrorists who tried to bomb the Lozitha bridge and that Swazi police were ready to make other charges against him in addition to that of wearing a PUDEMO T-shirt.

All of this is completely irrelevant and nothing to do with the circumstances of Jele’s death, which is the purpose of the inquest.

This is not a trial into allegations that Jele was a terrorist. It is an investigation into how he ended up hanging in the detention centre at Sidvwashini.

Already the inquest has raised suspicions that the Swazi police and correctional service are trying to cover up exactly what happened to Jele once he was placed in remand.

The latest allegations about Jele’s alleged ‘terrorist’ links are designed to soften up the Swazi people. If the inquest finds the police and correctional services were at fault in Jele’s death (and even are responsible for his murder, as many pro-democracy activists in Swaziland fear), the Swazi state hopes it can divert attention away from their crimes.

The state hopes we will think, ‘Jele was a terrorist and he deserved what he got’.

Don’t be fooled. Let’s get the inquest to concentrate on the real issue at stake: how did Jele die when he was in the protection of the Swazi state?

RURAL RAIDS ON FREEDOM ACTIVISTS

Swazi police have intensified their raids against pro-democracy activists in Swaziland.

This follows previous raids on members of the Peoples’ United Democratic Movement (PUDEMO), its youth wing, SWAYOCO, the Swaziland Coalition of Concerned Civic Organisations (SCCCO), the Swaziland Democracy Campaign (SDC), the Swaziland Federation of Trade Unions (SFTU), Swaziland Ex-Mineworkers Association, (SEMA) the Foundation for Socio-Economic Justice (FSEJ) and the Swaziland National Union of Students (SNUS).

The latest raids have struck in the deep rural poverty stricken Hluti-Lavumisa area.

The following is the latest news from Swaziland.

SOURCE

Following strict orders to strangle all democracy activists and boosted by the recent demands by the illegally-appointed Prime minister of Swaziland, Barnabas Dlamini to make arrests on the recent bombings that have shocked Swaziland, the Swazi police have intensified their raids on homes of PUDEMO leaders. Over the past weekend (26 – 27 June 2010) the raids were taken into the deep rural poverty stricken Hluti-Lavumisa area, the home area of PUDEMO Deputy President Skhumbuzo Phakathi. A number of homes were raided in the area.

Skhumbuzo Phakathi: the police arrived in a truck load armed to the teeth. They were in possession of a search warrant which said they were looking for bombs, seditious material and bomb making material and anything with terrorist links. Phakathi was not at home as he is based in South Africa. The police interrogated his father who told them he does not know where his sons are.

The police were also looking for Sizwesandile Phakathi the younger brother of the Deputy President who is former Publicity Secretary of SWAYOCO and current President of the South African Students Union (SAUS) and National Executive Committee member of SASCO. He was also not at home as he has been in exile since 1998.

Zweli Nxumalo: The police proceeded to the home of Zweli Nxumalo former Deputy President of the Swaziland Nurses Union which is situated five km from Phakathi’s home.. They also searched every house, in the process intimidating and harassing his mother. They said they were looking for guns and bombs. They found nothing illegal and Zweli was out
with his wife.

Norman Xaba: Again they did not find him at home but continued to search the houses and harassed his sisters Sbongile and Nombuso. Xaba is currently out on bail for being arrested for wearing a PUDEMO t-shirt last year. On several occasions they threatened that they will kill him. On a number of occasions he has been receiving death threats on his mobile phone. Xaba is the Deputy Chairperson of the rural Shiselweni region of PUDEMO.

Xolani Sbiya: The police raided the home which is also the home of the local induna (headman). They harassed his mother and took her to the Hluti police station where she was interrogated for over three hours on the activities of her son in SWAYOCO and in connection with the bombings. At the time of the raid Xolani was away. The police informed the sickly old woman that if she does not cooperate with them they will arrest her for her sons’ sins. She refused to cooperate.

Pastor Gadlaza Phakathi: The pastor was raided for allegations that he is harbouring PUDEMO activists. At the time of the raid he was out doing church work. At home the police harassed his blind mother telling her that his son will soon be in heaven.

Kholekile Macu: The PUDEMO women’s league executive in the Hluti area was woken up by loud bangs on her door. Her home was completely surrounded by heavily armed police. They searched every house and even the pit toilets. They accuse her and her husband of being ‘terrorists’ and keeping PUDEMO weapons. The police threatened the crippled Bheki Macu, the husband that if he continued with belonging to PUDEMO they will cut his other leg. They found nothing.

Bongani Ndzinisa: Who is also an official of the union SPRAWU His whole family was threatened that if he does not stop his association with PUDEMO everyone in the family will be killed. He was also summoned to the chief’s home. The induna promised to deal with the matter as Bongani is a well known man in the area and is a respected leader of the church.

Many other homes were raided in the Lavumisa area which links with the eastern sugar belt of Swaziland. The Swaziland Democracy Campaign (SDC) condemns this continued harassment of the people of Swaziland. We call on the international community to condemn Swaziland continued violation of human rights. We will continue to work with the pro democracy forces of Swaziland to bring change in that country.

As it stands now, anyone who will be arrested will not get bail as the Swazi government is working to make into law detention without trial.

POLICE MURDER THREAT CONDEMNED

The Swaziland Solidarity Network (SSN) has condemned Swazi police for threatening to murder a suspect of recent petrol bottle attacks.

It also condemned in the ‘strongest term possible’ that senior police have refused to investigate the case.

News broke yesterday (27 June 2010) that Swazi police had threatened the life of Brian ‘Slovo’ Shaw and told his mother to get a coffin and mourning gowns ready because they would kill Shaw if they found him.

SSN said in a statement, ‘This is a serious case of emotional harassment on an innocent elderly citizen and it cannot go unpunished’.

SSN said Shaw was one of the surviving 15 suspects who are out on bail following their apprehension by the police in 2005 in connection with a series of petrol bottle attacks.

‘He is also one of the nine amongst these who complained in court about the constant torture that the police were meting out on them. This behaviour by the Swazi police is not new as they allegedly also tell the parents of other exiled activists that they will only return to Swaziland in coffins. The mother of the late Deputy President of PUDEMO, Dr Gabriel Mkhumane, was also subjected to these inhumane remarks way before he was murdered in mysterious circumstances in April 2008.’

Swazi police have denied the threats against Shaw took place and are not investigating the matter.