FORMER Ngwempisi MP Mthandeni Dube is said to have panicked after the audio release.
This is believed to have prompted him to flee the country on Sunday evening. Dube had allegedly made controversial remarks about the late Chief Justice Bheki Maphalala in the audio recording that was released and widely circulated on social media on Sunday.
Impeccable sources alleged that the former legislator became increasingly concerned after members of the public contacted him following the release of the recording, with some reportedly reminding him that he was prohibited from speaking to the media as part of the conditions attached to his release on probation.
The sources said Dube was further reminded that breaching the conditions of his release could result in his re-apprehension and imprisonment.
It was against this backdrop, the sources alleged, that Dube subsequently fled the country on Sunday evening.
The alleged flight came despite the speaker in the audio, purported to be Dube, appearing to indicate that he was not concerned about being returned to prison for engaging with the media.
In the recording, the speaker also allegedly made remarks mocking the death of Chief Justice Maphalala.
However, well-placed sources claimed that after the audio was released and members of the public began raising concerns with him, Dube apparently realised the possible consequences of the alleged remarks and panicked.
His reported departure from his home in Mankayane would also amount to a breach of another condition attached to his release, according to conditions announced by His Majesty’s Correctional Services (HMCS) Commissioner General Phindile LaMakhosini Dlamini in November last year.
One of the conditions required Dube to remain at his approved place of residence. If there was a need to change his place of residence, he was required to notify the officer-in-charge or programme officer and obtain approval before relocating.
He was also prohibited from leaving the country during the period of his special release and was required to surrender his passport or any other valid international travel document to the officer-in-charge and was not permitted to apply for a new one.
Where travelling outside the country was considered necessary, the conditions required him to submit a formal request to the commissioner general for consideration.
The sources alleged that no such request was made before Dube reportedly left the country or his home.
Correctional officers who reportedly visited his Mankayane residence on Tuesday, two days after the audio was released and circulated online, allegedly did not find him at his home.
The circumstances surrounding his alleged departure, including where he travelled to and whether he obtained any official authorisation to leave the country, were not immediately clear.
Meanwhile, the authenticity of the audio recording remains to be established. It has been described as being purportedly of Dube, while authorities are understood to be investigating the matter.
HMCS mum on matter pending investigation
HIS Majesty’s Correctional Services (HMCS) says it is not yet in a position to provide a definitive statement on the matter as investigations into the circumstances surrounding the case are still underway.
The Correctional Services Deputy Public Relations Officer Assistant Chief Officer Baphelele Kunene said the department would only provide a comprehensive report once the investigation instituted by the commissioner general had been concluded.
Kunene was responding to questions on how Dube’s matter would have been handled had he been found at his home during an officer’s visit on Tuesday.
The department was also asked whether the visit was conducted too late, given that an audio purportedly involving Dube had first circulated on social media on Sunday, when HMCS became aware of the matter and when Dube was last visited for monitoring or supervision, as well as what action would be taken if he could not be located.
Kunene said the department could not comment definitively on these issues before all the relevant facts had been established and verified.
“The department is currently conducting an investigation into the matter and we would therefore not want to pre-empt the outcome. There are a number of factors surrounding the matter that need to be established and verified,” he said.
“Once the investigation has been concluded, the department will be in a position to provide a full report based on the facts established.”
Kunene added that HMCS remained committed to handling the matter through the appropriate procedures and would communicate further once the necessary facts had been established.
Lawyer clarifies conviction, seeking asylum
HUMAN Rights Lawyer Mzwandile Masuku says conviction cannot deter one from seeking asylum abroad.
Masuku said this when asked if one’s conviction for crimes could prevent them from seeking asylum, as had been the belief by some people who had interest in the matter involving Mthandeni Dube. Some members of the public had speculated that Dube’s alleged disappearance might have something to do with him intending to seek refuge in other countries.
Meanwhile, there were those who were of the view that since he had been convicted of crimes under the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938, following widespread pro-democracy protests in June 2021.
In his response, Masuku noted that he did not know Dube’s whereabouts and that his opinion had nothing to do with the former legislator. However, he said generally, different countries had their specific requirements that people seeking asylum had to fulfil before being granted refugee status.
He said these requirements were no secret, and that a conviction does not automatically disqualify someone from refugee protection.
Masuku said one of the reasons for which a person could be granted refugee status in most countries was if they faced political persecution in their home countries.
