MBABANE – Tempers flared at the High Court on Thursday when a dispute between defence lawyers and Correctional Services officers nearly escalated into a physical confrontation during proceedings involving several accused persons facing terrorism-related charges.
The dramatic scenes unfolded after the court granted an application by the Crown to consolidate cases involving self-proclaimed commander Thabo Kunene, Zweli Simelane, Mcolisi Simelane and Siphosethu Malinga, all of whom are facing charges linked to alleged acts of terrorism arising from Eswatini’s political unrest.
The confrontation reportedly occurred shortly after proceedings had ended, when Correctional Services officers were preparing to escort the accused back into custody. Defence lawyers, including Lucky Howe and lawyer Thabiso Mavuso, objected to what they viewed as restrictions on their ability to consult with their clients and obtain instructions before the accused were transported back to prison.
It is reported that there was a heated exchange between the lawyers and warders in the court corridors, with voices raised as both sides disputed the circumstances surrounding legal consultations. Videos circulating on social media networks show the lawyers and warders engaged in a verbal showdown.
The lawyers reportedly made it clear that they would not tolerate what they regarded as attempts to undermine their professional responsibilities. Howe and Mavuso are said to have insisted that legal representatives must be afforded reasonable access to their clients and that they would not allow warders to belittle them or interfere with attorney-client consultations.
Although tensions ran high, the situation was eventually defused before it turned physical.
The clash came against the backdrop of significant developments in one of the country’s most closely watched criminal cases.
During proceedings, the Crown successfully applied for the consolidation of the cases involving Kunene, Zweli Simelane, Mcolisi Simelane and Malinga. Prosecutors argued that the matters were connected and should be heard together in the interests of justice and judicial efficiency.
Defence lawyers raised concerns over the manner in which the application was brought, arguing that they had not been properly served with relevant documentation and had not been given sufficient notice. They also expressed concern over the implications that the consolidation could have on the various accused persons.
However, the court ultimately ruled that the matters should proceed together.
The four accused form part of a larger group of 14 individuals facing terrorism-related charges. The court has now scheduled a pre-trial hearing for June 26, when the parties are expected to address outstanding issues before the matter proceeds further.
The charges stem from investigations into incidents allegedly connected to the wave of unrest that swept across Eswatini in 2021. The unrest resulted in widespread destruction of public and private property, attacks on government infrastructure and heightened political tensions across the country. The events prompted one of the largest security operations in recent history and led to numerous arrests under the Suppression of Terrorism Act and other legislation.
Kunene has emerged as one of the central figures in the prosecutions. Authorities have previously linked him to the Swaziland International Solidarity Forces, an organisation allegedly involved in acts of sabotage and attacks on state infrastructure. Following his arrest in 2023, government officials publicly welcomed the development, describing it as a breakthrough in investigations into unrest-related violence.
The case has grown increasingly serious over time. Previous court proceedings revealed that Kunene and several co-accused are facing a wide range of charges, including allegations of terrorism, murder, attempted murder, malicious damage to property, arson and, in some instances, high treason. Prosecutors have alleged that activities attributed to the accused resulted in extensive destruction across the country, with damages running into millions of emalangeni.
Adding to the gravity of the case are fresh allegations disclosed by the Crown concerning an alleged assassination plot targeting senior government leaders.
According to information placed before the court, prosecutors have revealed the existence of what they describe as a hit list allegedly linked to Kunene. The alleged list reportedly included a former Prime Minister, Cabinet ministers, senators and Members of Parliament.
The Crown alleges that the targeted killings formed part of a broader plan aimed at destabilising state institutions and advancing the objectives of the accused persons and their associates. The allegations are expected to feature prominently when the matter eventually proceeds to trial.
The accused have denied wrongdoing and continue to enjoy the presumption of innocence while the case remains before the courts.
Meanwhile, the courtroom confrontation involving lawyers and warders highlighted tensions that have occasionally surfaced throughout the lengthy proceedings involving terrorism suspects. Concerns regarding access to legal counsel, detention conditions and consultation arrangements have featured in several related court appearances over the past few years.
Despite Thursday’s tensions, the proceedings concluded with the court confirming that all 14 accused persons will return for the pre-trial hearing on June 26.
The hearing is expected to determine the readiness of both the Crown and defence teams for trial and may also address any outstanding objections relating to the amended indictment and the consolidation of the cases.
With allegations ranging from terrorism and high treason to an alleged plot targeting senior government officials, the case is shaping up to be one of the most significant and politically sensitive criminal trials in Eswatini’s recent history. The outcome is likely to attract intense public interest as prosecutors seek to prove their case while the defence prepares to challenge the allegations in what is expected to be a lengthy legal battle.
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