Minister of Justice and Constitutional Affairs Prince Simelane has hailed Judge Mumcy Dlamini’s ruling to release Law Society of Eswatini (LSE) President Mangaliso Magagula as an answer to their prayers, likening it to a divine intervention.
Magagula was serving a 120-day sentence imposed by Judge Titus Mlangeni on June 5, after being found guilty of contempt of court. The conviction and sentencing sent shockwaves through the legal fraternity in Eswatini and across the Southern African Development Community (SADC), with many decrying the judgment as excessively harsh and a blow to the independence of the legal profession.
Judge Mumcy Dlamini yesterday issued an interim order for Magagula’s immediate release, following an urgent application he filed challenging the legality of his incarceration. In her ruling, Judge Dlamini directed the Commissioner General (ComGen) of His Majesty’s Correctional Services (HMCS) to release Magagula without delay, pending final determination of the constitutional issues raised in his application.
The ruling sparked scenes of celebration outside the Sidwashini Correctional Facility, where members of the public, relatives, lawyers and Law Society members gathered to welcome Magagula. Among them was a visibly elated Minister Prince Simelane, who expressed relief and joy over Magagula’s release.
The minister disclosed that the State had nothing to do with Magagula’s arrest. He stated that the Judiciary acts on its own, as it is independent, and they do not interfere. “We were confused and in deep pain about the situation,” said the minister. “But we turned to prayer. The God we serve is faithful. He answered our prayers just like He did for the Israelites when He used Moses to lead them out of Egypt. God has sent us Judge Mumcy to answer our prayers.”
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In his court application, Magagula argued that his continued detention was unlawful and in violation of his constitutional rights. Citing Section 16 of the Constitution, which guarantees the right to personal liberty, he challenged both the procedure that led to his conviction and the severity of the sentence.
“I seek an order, in terms of Section 35(1) of the Constitution, declaring my detention at Sidwashini Correctional Facility to be unlawful and unconstitutional,” Magagula submitted.
“As part of the constitutional redemption of my rights, I challenge the procedure adopted in the hearing resulting in my conviction for contempt of court and the harsh sentence meted out to me.”
Magagula also maintained that the decision by Correctional Services to initially release him on May 31 was legally sound, as an appeal in civil proceedings generally stays execution of the order appealed against.
The Law Society of Eswatini welcomed the court’s decision, describing it as a partial restoration of the rule of law, which it said had been severely undermined by Magagula’s imprisonment.
The matter will return to court for a full hearing on the constitutional issues raised in Magagula’s application.
Magagula was represented by lawyer Sabela Dlamini from Magagula and Hlophe Attorneys. The Registrar of the High Court, who was opposed to the application, was represented by lawyer Zweli Jele from Robinson and Bertram law firm.
