Swazi+PUDEMO+comrades+free+at+last,+Times+of+Swaziland

Times of Swaziland, Saturday, 11 March 2006
=15 bomb suspects freed=


 * BY SONNYBOY FAKUDZE**

MBABANE – It was joy for the 15 petrol bomb suspects yesterday when acting Chief Justice, Jacobus Annandale granted each of them E5 000 bail, bringing the total amount to E75 000 for all the suspects. However, because it was already after 3.30pm and the Treasury department had closed down for the day, they will spend the weekend in prison.

The suspects are detained at the Sidwashini Prison, Matsapha Maximum Prison and the Zakhele Remand Centre.

Bail is paid at the Treasury department.

President of the People's United Democratic Movement (PUDEMO) Mario Masuku stated that they have a plan in place for the payment of the bail for the suspects. He however, did not disclose the plan.

"We will see how we hasten their release. But because it's already late, they will not be released today. The wheels of justice have been grinding very slowly," he said.

Masuku also said that they have come out victorious in the matter as the acting Chief Justice found that there is no prima facie case against the suspects.

"The regime should have investigated thoroughly before arresting the comrades," he said.

The acting Chief Justice ordered the suspects to surrender their travel documents to the investigating officers and not to apply for new ones.

He further ordered them to report to their nearest police stations weekly on Friday between 8am, and 4pm starting next week Friday.

They were further warned to refrain from speaking or interfering with crown witnesses.

Handing down the judgment yesterday, the CJ assured everyone that there was no pressure put to the court during the bail application.

"The court here was dealing with bail where the main charge is high treason. High treason is the most serious offence that can be committed in a sovereign state like Swaziland.

This court is loyal to the king. We made an Oath of allegiance. The court does condemn acts of terrorism. Senior police officer, Ndlangamandla (Khethokwakhe) can be an investigator of time, but he put an opinion in his affidavit. Just like the DPP. The DPP says common purpose was there. The court must be enjoined and be informed what the intentions were.

At least the court should be told. The court needs to be told what other aspects of the case exist. This is in order to evaluate the opinion. This court is not privy to the police dockets and the forensic evidence except for what had been brought to the court's attention.

All what is known is that there is an opinion by the DPP echoed by Ndlangamandla. In that opinion there is a strong case against the applicants (allegedly bombers). The court does not know if they saw the applicants in one of the scenes. There are no fingerprints of the perpetrators," said the acting CJ.

Justice Annandale stated that even the PUDEMO pamphlets that are part of the crown's evidence, there is no letter explaining how the documents came to be filed and if it implicates some of the suspects.

"The interest of justice does favour the release of the applicants," said the acting Chief Justice.

Advocate David Nat Unterhalter and Advocate Anthony Guy Gotz instructed by Leo Gama and Bongani Mdluli appeared for the petrol bomb suspects in the matter while the acting DPP represented the state.


 * Above from: http://www.times.co.sz/031.html#article6**



Times of Swaziland, Saturday, 11 March 2006
=PM ordered to probe beatings of suspects=


 * BY SONNYBOY FAKUDZE**

MBABANE – The acting Chief Justice, Jacobus Annandale yesterday called upon the Prime Minister, Themba Dlamini and Justice Minister Prince David to set up a commission of inquiry to look into the alleged torture of the petrol bomb suspects in the hands of the police.

The acting Chief Justice also said once the commission of inquiry has finished with its investigations, it must report publicly of the outcome.

The CJ noted that it is not easy to preside in a matter like the one of the petrol bomb suspects.

"It is a privilege for any judge to see that justice is done," he said.

The order by the acting Chief Justice comes after Advocate David Nat Unterhalter who was representing the suspects disclosed in court that nine out of the 15 suspects were tortured after their arrests.

Moreover, Advocate Unterhalter said, an additional two individuals, Eric Dlamini and Sicelo Vilane, alleged that they were taken into police custody, subjected to physical abuse and torture and forced to make statements incriminating Ignatius Bonginkhosi "IB" Dlamini and other leaders of PUDEMO.

He said the affidavits of the petrol bomb suspects and those of Dlamini and Vilane reflect a consistency in detail as to the type of abuse (i.e. disorientation, suffocation, beatings), as well as the individuals involved and the manner in which the statements were taken that, together, suggest systematic use of torture and other types of undue influence by the police.

"The affidavits of Mr. Dlamini and Mr. Vilane, in particular, foster the reasonable apprehension that this practice is ongoing and that the applicants remain vulnerable directly or indirectly to such abuse.

Notably, while many of the affidavits filed in support of the applications alleged torture, neither the initial opposing affidavit of the DPP nor the confirmatory affidavit of Mr. Ndlangamandla denied the allegations. Only in his supplementary confirmatory affidavit does Mr. Ndlangamandla issue a bald denial of these averments.

Allegations of torture are grave indeed. Torture is specifically prohibited under the Swaziland new constitution in Section 18 (2)," said the South African based advocate.

Section 18 (2) reads thus:

"A person shall not be subjected to torture or to inhuman and degrading treatment or punishment."

Just on Thursday, the suspects' instructing attorney Bongani Mdluli told the court that three of the petrol bomb suspects were assaulted at the Sidwashini Prison. They are Vusi Shongwe, Mfanawenkhosi Mntshali and Sipho Hlophe.

Hlophe had to be rushed to the Mbabane Government Hospital as he was bleeding from his right ear. He had to use a tissue in order to stop the blood.

The suspects were yesterday each granted E5 000 bail by the High Court. The acting DPP, Mumcy Dlamini appeared for the crown in the matter.


 * Above from: http://www.times.co.sz/031.html#article9**

1022 words