AEC Pastors Released on Bail After 4 Nights in Jail for Contempt of Court

FIFTEEN pastors of the Africa Evangelical Church (AEC), who were last week convicted of contempt of court and sentenced to seven days in prison, have regained their freedom after the High Court ordered their release yesterday.

The clergymen, who had been in custody since Friday, spent four nights behind bars before their urgent application for bail pending appeal was heard. Not all the 15 clergymen were arrested as their lawyer confirmed that only 11 were behind bars.

| Eswatini Observer WhatsApp Channel

Their lawyer, Mphumelelo Ginindza, successfully moved the application before Judge John Magagula, who granted the pastors bail pending the outcome of their appeal against the contempt conviction and sentence. The pastors were released on their own recognisance, which meant they did not have to pay any money.

The pastors had been arrested following allegations that they defied a High Court order barring them from holding a four-day church conference at Inyandza High School from August 28 to 31.

On Friday, Judge Magagula convicted them of contempt and sentenced each to seven days’ imprisonment.

In his certificate of urgency filed with the court, Ginindza stressed that the matter could not wait to be heard in the normal course.

He argued that the short duration of the sentence meant that the pastors risked serving the entire term before their appeal was even determined.

“The applicants were, on the 29th of August, 2025, convicted and summarily sentenced to seven days’ imprisonment. Unless the application for bail pending appeal is heard on an urgent basis, the applicants will serve the entire sentence before the appeal is determined, thereby rendering the appeal nugatory and academic,” Ginindza stated.

He further submitted that the pastors’ constitutional rights to liberty, dignity, and a fair hearing were gravely at stake and required urgent judicial intervention.

Ginindza also emphasised that no prejudice would be suffered by the respondents if urgency was granted, whereas the pastors stood to suffer irreparable harm if kept in custody.

In their application, the pastors requested a number of orders, including: staying the execution of Judge Magagula’s order convicting and sentencing them to imprisonment pending determination of their appeal, admission to bail pending the outcome of the appeal, an order directing the commissioner general of His Majesty’s Correctional Services to release them immediately, on the basis that their noted appeal automatically suspended the contempt conviction and sentence.

A declaration that their continued detention was unlawful, unconstitutional, and without legal basis.

They also sought costs against the respondents, jointly and severally, as well as any further relief deemed just by the court.

The founding affidavit in support of the application was filed by Pastor Terrence Mthethwa, former chairman of the AEC Regional Executive Committee, who is also the first applicant.

Pastor Mthethwa explained that the contempt conviction and imprisonment stemmed from the August 29 order in case No. 1937/25.

He confirmed that a comprehensive notice of appeal had already been filed on August 31 under Supreme Court case No. 88/25, challenging both the conviction and the sentence.

Judgment

“It is trite law that the noting of an appeal operates as an automatic suspension of the judgment or order appealed against, unless execution pending appeal is expressly ordered. No such order was granted in this matter,” Mthethwa deposed.

He accused the Correctional Services authorities of unlawfully detaining the pastors despite the suspension of the conviction by operation of law.

Alongside Mthethwa, the pastors who were applicants in the matter are: Andrew Dlamini, Joseph Dlamini, Bheki Nxumalo, France Dlamini, Tikhona Dlamini, Themba Dlamini, Magadlela Henry Stewart, Mfundi Dvuba, Dumsani Mabuza, Douglas Sihlongonyane, Dumsani Dlamini, Kenneth Lukhele, and William Dludlu.

They cited the AEC as the first respondent, the national commissioner of police as the second respondent, the commissioner general of His Majesty’s Correctional Services as the third respondent, and the attorney general as the fourth respondent.

The pastors’ notice of appeal, annexed to their application, sets out several grounds challenging Judge Magagula’s ruling.

Mthethwa added that contempt proceedings are inherently personal in nature and must be supported by evidence showing individual disobedience. He argued that the failure to effect personal service on many of the pastors was a material irregularity that fatally tainted the proceedings.

“The order sought to be executed was granted in violation of the fundamental requirements of natural justice, and its enforcement would result in manifest prejudice and injustice,” Mthethwa submitted.

The pastors also contended that their continued detention violated constitutional provisions safeguarding liberty, fair hearing, and due process. They argued that each day of continued incarceration caused grave and irreparable harm.

“The matter is inherently urgent. The applicants are presently deprived of liberty under an order that stands suspended by operation of law. Every day of continued incarceration causes grave and irreparable harm,” Mthethwa said.

He further submitted that the balance of convenience favoured immediate release, as the respondents would suffer no prejudice if the execution of the sentence was stayed pending appeal.

The AEC was opposed to the application and indicated that it was to file an affidavit.

After considering the application, Judge Magagula granted the order sought in terms of prayer three of the motion, which requested that the pastors be admitted to bail pending the hearing and determination of their appeal. This decision paved the way for their release from custody yesterday.

The ruling means the pastors’ conviction and sentence remain suspended until the Supreme Court delivers its judgment on the appeal.

The case of Law Society President Mangaliso Magagula, who was released from prison pending determination of his appeal after he was arrested for contempt of court, was used to motivate the application by Ginindza.

Eswatini Observer Press Reader  | View Here