Mbabane: High Court Judge Mumcy Dlamini’s brief Judgment in the bail application of pro-democracy Members of Parliament( MPs) Mduduzi “Bacede” Mabuza and Mthandeni Dube was premised (based) on the fact that the decision to deny them bail had already been arrived at in their previous attempt.
In declaring that the High Court was now functus officio, Judge Dlamini was essentially saying that there was no longer any recourse that the two MPs could solicit from her as far as the matter was concerned.
When delivering her judgement, Dlamini said “there is no need for this court to make a determination whether there are new grounds for the present bail application. I find that this court is functioning officio. The applicants remedy if any lies not with this court but elsewhere in this regard.”
Both Mabuza and Dube were arrested and charged under the Suppression of Terrorism Act of 2008 as amended. They both applied for bail which was dismissed by Judge Dlamini on August 6, 2021. Subsequently, on August 18 2021 they filed a fresh bail application where-in they contended that there new circumstances which warranted their release on bail.
The merits of the judgement which was issued at lightning speed had already been argued on September 7, 2021by the council from both sides; that of the applicants and that of the crown. The Principal Crown Counsel, Macebo Nxumalo submitted that “the High Court cannot correct its own judgement as it had already made specific findings in dismissing the bail. In this regard, therefore, the only available remedy for the applicants is to appeal to the Supreme Court.”
Following the deliberations by the two councils on September 7, 2021, Judge Dlamini then postponed the matter to yesterday’s hearing in which she issued her ruling denying the two MP’s bail. In so doing Judge Dlamini cited the case of former Minister of Justice and Constitutional Affairs Sibusiso Shongwe who was arrested for corruption-related offences. His bail application was dismissed by Judge Qinisile Mabuza and he filed another application. The second application was dismissed by Judge Nkululeko Hlophe. He was eventually released by the Supreme Court.
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