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Home Opinion

When the Constitution Fails You: The Tale of Mthandeni Dube and Mangaliso Magagula’s Transgressions

Mfanasibili Sihlongonyane by Mfanasibili Sihlongonyane
June 24, 2025
in Opinion
Reading Time: 5 mins read
0
Stitched images of Mthandeni Dube, Mangaliso Magagula, and Justice Minister Prince Simelane.Graphic by Adekunle Owolabi.

Stitched images of Mthandeni Dube, Mangaliso Magagula, and Justice Minister Prince Simelane.Graphic by Adekunle Owolabi.

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MBABANE: The events of the past month reminded me of the two characters that have been widely read in Scripture and their impact in the strategy of how Jesus was able to forgive and embrace humanity.

The first is the story of a Samaritan woman, found in John 4:1-42. The book recounts Jesus’ encounter with a woman at Jacob’s well in Samaria. It is significant because of numerous reasons. It highlights Jesus’s willingness to engage with those considered outcasts by the society, his offer of living water (spiritual renewal), and his revelation as the Messiah.

Then there is a story of Zacchaeus, found in Luke 19:1-10 which tells of a wealthy tax-collector who, despite being despised by the people for his profession, encountered Jesus and experienced forgiveness and transformation. Zacchaeus, being short, climbed a sycamore tree to see Jesus, who then invited himself to Zacchaeus’s house. This act of grace moved Zacchaeus to repent, promising to give half of his wealth to the poor and repay anyone he had defrauded fourfold.

Coming to the events of the past week that have left the Eswatini nation stunned in many folds and talking, I must highlight the arrest and release of the Law Society of Eswatini (LSE) President and senior lawyer Mangaliso Magagula of Magagula Hlophe and Associates and the pre-emptied forgiveness of the arrested and sentenced former Ngwempisi Member of Parliament (MP), Mthandeni Dube.

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These two events have left the nation talking.

In this discussion, even though not formalized, at the centre of it all is the Minister of Justice and Constitutional Affairs, Prince Simelane, whose portfolio covers both the courts (Judiciary) and His Majesty’s Correctional Services (HMCS). He also doubles as a senior Prince in the royal family.

I must remind Emaswati that Prince Simelane was part of the delegation that promised the South African Development Community (SADC) a dialogue after the events of June 2021.

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However, exactly four years later, the Prince is now seen doing exactly what is supposed to be the result of the much awaited dialogue.

As you read this, the government of the day reported to SADC that a dialogue did happen in the country, claiming that the Sibaya called by His Majesty King Mswati III was exactly the dialogue.

When the LSE president, Magagula, was arrested by Judge Titus Mlangeni and Prince Simelane as the minister was seen welcoming him at Sidwashini Correctional Facility by pronouncing words, if anything to go by, he (minister) has personally lost confidence in the courts of this land led by the Chief Justice (CJ) Bheki Maphalala.

Despite what has been said and the pleas for the MPs release, Mthandeni is still in prison while Magagula’s case is still pending in court.

In SiSwati, there is the adage that says, “Akulali Ngwane, kulala emehlo.”

Is it right for the country to see both guys still not off the hook yet, but have some in the nation who still praise the minister for ‘seemingly’ correcting these two constitutional mistakes?

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It should have been the constitution that protected them, especially the provisions of liberties, however the constitution or its interpretation, has failed these two gentlemen.

Both Mr. Magagula and Mr. Dube were not supposed to be in jail in the first place.

Magagula was arguing in court on behalf of a client and Dube was speaking on behalf of the people who elected him in his capacity as an MP. He was exercising his political right as a representative of the people in the democratic Eswatini.

His right to speak plainly for the people is also found in clause 130 of the Constitution and The Parliamentary Privileges Act, 25th August, 1967.

As the then MP, Dube couldn’t have been arrested for simply calling for any political statement, democracy even for an elected Prime Minister. Currently the Prime Minister is appointed on the recommendation of Liqoqo as Clause 67 of the Constitution puts it.

Now, what does Dube’s apology mean or confirm?

Dube was arrested and sentenced under the order of the King.

Did he wrong the king? Unfortunately, the contents of the wrong haven’t been disclosed, so we are left to speculate that probably it’s Dube and the King who both know about it.

In the face of it, Prince Simelane did a rare and powerful display of humility and statesmanship.

The Honorable Minister of Justice and Constitutional Affairs, Prince Simelane, demonstrated a deep sense of responsibility and reverence for national unity by publicly apologizing to His Majesty King Mswati III on behalf Dube.

This symbolic act coming, at a time when the nation continues to heal from the recent political tensions, was a reminder of the values of accountability, reconciliation, and respect for the monarchy.

What makes this gesture remarkable is not only the minister’s senior position within the government but his willingness to step into a space of vulnerability, embodying humility on behalf of another particular one who remains incarcerated.

This is not just an act of apology; it is a moral lesson in leadership.

It teaches that leadership is not only about authority and policy, but also about character, grace, and the courage to bridge divides for the greater good.

Captured by the media shortly after he was seen receiving lawyer Magagula with warmth and dignity upon his release from prison, Prince Simelane’s actions reflect a deliberate choice to promote forgiveness, reconciliation, and national healing.

In doing so, he sets an example of how leaders can act as mediators of peace and advocates for restoring broken relationships, even in difficult circumstances.

Ultimately, the minister’s apology speaks to the power of humility as a tool of governance.

It teaches that true leadership does not seek to escalate conflict or preserve pride, but to build bridges even when it means carrying burdens that are not one’s own.

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WATCH: Justice Minister Prince Simelane conveys greetings from jailed ex-MP Mthandeni Dube to His Majesty King Mswati III, saying Dube wished the King a long life.

Mfanasibili Sihlongonyane

Mfanasibili Sihlongonyane

Mfanasibili Sihlongonyane is the Editor-in-Chief of Independent News Eswatini. With over a decade of experience in the media industry, he has built a strong reputation for his in-depth reporting and editorial leadership. His core expertise lies in political journalism, complemented by a solid understanding of business reporting.

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