STAYING WOULD HAVE VALIDATED TINKHUNDLA Why Mthandeni Dube’s flight is not cowardice — it is the only honest verdict on a political trial

Mthandeni Dube did the only thing a man in his position could do if he still believed the original case was a lie. He left. Staying in Eswatini to finish the “sentence” under Correctional Services supervision would have done the regime a favour. It would have said, in public, that the Tinkhundla courts were legitimate, that the Suppression of Terrorism Act was properly applied, that Judge Mumcy Dlamini delivered justice, and that four years in Matsapha plus a gagged, passport-less “pardon” was a fair outcome. Dube refused to sign that lie with his body. That is why he crossed into South Africa on Sunday evening. He and Mduduzi Bacede Mabuza were not street criminals. They were elected MPs. In 2021 they said out loud what large numbers of emaSwati were already saying in the streets and in whispered conversations: the Prime Minister should be elected, the Constitution should be changed, petitions should not be banned by decree. That is not terrorism. That is representation. Gubevu captured the same feeling in the song people still sing — *Bebangekho le* — they were not there when the people needed them. The state answered the song and the speeches with the Suppression of Terrorism Act of 2008 and the colonial Sedition and Subversive Activities Act of 1938. Those statutes were written to crush dissent. They were used exactly as designed. The trial was not a search for truth. It was an exercise of power. Judge Mumcy Dlamini, whose royal in-law connections are a matter of public record, sat on a case that the UN Working Group on Arbitrary Detention later found to be arbitrary. Amnesty International named both men prisoners of conscience. Human Rights Watch called the convictions a misuse of the criminal justice system to persecute pro-democracy voices. The murder counts were pretextual: the two MPs were not at the scenes of the deaths the state tried to hang on their speeches. None of that mattered. The mandate was suppression. The court delivered it. Then came the “mercy.” A royal pardon in November 2025 that looked like release and functioned like a second sentence: no politics, no media, no public speaking, no leaving the country, passport surrendered, life under His Majesty’s Correctional Services. Amnesty said the conditions extended punishment beyond the prison walls. Dube lived that reality. When he spoke to Zweli Martin Dlamini on Sunday and named the late Chief Justice as one of those who helped cook the case, the trap closed. Media contact is a listed breach. The system did not need new evidence of a crime. It only needed an excuse to drag him back. So he left. That decision does not prove he is guilty. It proves he understood the game. Completing the sentence inside Eswatini would have given Tinkhundla the last word: *see, even he accepted our justice*. Exile denies them that word. It says the conviction was political, the law was a weapon, the judge carried a mandate, and the pardon was a leash. Bacede Mabuza is still inside. That fact alone should end any argument that this was ordinary criminal justice. One man is gagged and hunted for speaking; the other is still in a cell for the same speeches. The people who wanted an elected Prime Minister and a constitution that is not a decoration are still waiting. Mthandeni Dube committed no crime that a democratic court would recognise. He spoke what his constituency and much of the country wanted spoken. Tinkhundla used the Terrorism Act because they could. They used a judge with royal links because they could. They offered a pardon with a muzzle because they could. He refused to stay and make that power look like law. That is not running from justice. That is refusing to baptise injustice with his presence.

Post a Comment

Previous Post Next Post

Comments system

[blogger][disqus][facebook]