ComGen warns media, public

His Majesty’s Correctional Services (HMCS) Commissioner General Phindile LaMakhosini Dlamini has warned the media and the public to refrain from engaging with conditionally released former MP Mthandeni Dube and 11 other inmates.

She stressed that the pardoned inmates remained under the supervision of the Correctional Services, thus were strictly prohibited from interacting with the media or participating in any press activities until the completion of their sentences.
Dlamini issued the warning during a press briefing where she announced the conditional release of 12 inmates, 10 males and two females, in line with the king’s Royal Prerogative of Mercy.

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This follows the Special Pardon effected under Section 329 as read with Sections 330, 331 and 332 of the Criminal Procedure and Evidence Act No. 67 of 1938, allowing beneficiaries to serve the remainder of their sentences under community service.

The Royal Prerogative of Mercy is a constitutional mechanism through which the king and Ingwenyama may grant pardon to convicted offenders. Governed by the Criminal Procedure and Evidence Act, the law empowers the king to issue both conditional and unconditional pardons to individuals convicted by any court in the country.
The process is administered by the Prerogative of Mercy Committee, appointed by the king in terms of Section 78(2) of the Constitution.

The committee, which is chaired by the minister of justice, includes the attorney general, a medical practitioner, two members from the king’s advisory councils and the Correctional Services commissioner general as an ex-officio member. It reviews recommendations submitted by HMCS. These recommendations were based on detailed reports assessing each offender’s progress in rehabilitation and psychosocial treatment, compiled at station level before submission to the commissioner general.

It was stated that this year’s pardon was divided into two categories. under the general pardon, 464 offenders were released unconditionally, while sentences for an additional 2 346 offenders were reduced.
“The Special Royal Pardon benefited 12 long-serving offenders, some convicted as far back as 1992, who will be released on strict conditions,”shared Dlamini.

CONDITIONS OF RELEASE FOR INMATES ON SPECIAL PARDON
1. Shall be under the periodic supervision of the Department of His Majesty’s Correctional Services
2. Shall remain in the place of residence for the offender. If the place of residence is changed, he or she shall advise the officer-in-charge or the programme officer for approval before relocating
3. Shall be placed under community service at an institution and or organisation to be determined by His Majesty’s Correctional Services
4. Shall obey the reasonable directions of Correctional Services at all times
5. Shall not commit any offence and or misconduct and shall not possess any offensive weapon
6. Shall not be permitted to leave the Kingdom of Eswatini throughout the period
7. Shall surrender his or her passport or other valid international travel document to the officer-in-charge and not apply for a new one. If travelling is necessary, a formal request must be made to the commissioner general for consideration
8. Shall not affiliate with any political organisation and or participate in any political or similar activities
9. Shall not participate in any press or social media activities or public gatherings or presentations until the expiry of their sentence
10. Shall be subject to any other conditions recommended by the Prerogative of Mercy Committee and the commissioner general
11. Any breach of the above conditions will render the offender liable to forfeiture of the conditional release and a return to complete the remainder of the sentence in custody.

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