But, it will not say why he is a risk because it is a ‘secret’.
There has been
an international outcry against the jailing on remand of Makhubu and human
rights lawyer Thulani Maseko. The two
men wrote and published articles critical of Swazi Chief Justice Michael
Ramodibedi in the Nation, a monthly magazine with a tiny
readership that circulates in Swaziland, where King Mswati III rules as
sub-Saharan Africa’s last absolute monarch.
But, the outcry grew
louder when it was disclosed that the men were chained in leg-irons every time they
appeared in court. They were arrested on 17 March 2014 and after a series of
court appearances are now remanded until 9 April.
Government spokesperson
Sanele Mngotmetulu Nxumalo defended
the treatment. ‘It is one of the things that remain a secret. Security is
very secretive. Therefore, if I can disclose to you when, how, why and to who
we use leg irons, that could compromise our security. Security is very
important to us,’ she said.
Musa Hlophe, the
coordinator of the Swaziland Coalition of Concerned Civic Organisations, who
writes a weekly column in the Times
Sunday newspaper in Swaziland was one of the chief critics of the use of leg-irons.
In an article that
he wrote for the newspaper, but was
not published because the Times
feared reprisals from the state, he wrote, ‘This was the most humiliating,
degrading and embarrassing treatment we, as a country, could subject a decent
citizen to.
‘The embarrassment did not reflect just on the individual
we thought we were humiliating, for whatever reason, but it reflected how
barbaric we can be as a nation. While it must be humiliating to have two
prominent law abiding citizens being incarcerated as the two have been, to put
them on leg irons as though they were not only dangerous, but violent common
criminals is totally inexcusable and insulting in the extreme.’
He added, ‘What
an insult to those Swazis who cherish the ideal of the respect for human
dignity? Section 18 of our Constitution has this to say about protection from
inhuman or degrading treatment: (1) the dignity of every person is inviolable. (2)
A person shall not be subjected to torture or to inhuman or degrading treatment
or punishment.’
Meanwhile, more international organisations have given
support to Makhubu and Maseko. The European
Union delegation in Swaziland said the arrests ‘might hamper
freedom of expression and the media in the country’. It called on the kingdom’s
authorities to respect and promote the freedom of expression in line with
Swaziland’s legislation and international commitments and obligations.
The Right2Know
Campaign called for their immediate release and charges to be dropped. It
said the two men had been jailed without trial.
It added their cases were heard in a ‘private court’ without their
lawyers present. ‘So they were effectively denied a fair trial. Under such
conditions, their arrest and detention without a trial is authoritarian,
politically motivated and designed to threaten other journalists who write
critically of the government and of the monarchy.’
The Media Institute of Southern Africa reported
that Maseko was expected to bring a case against Chief Justice Michael
Ramodibedi. It said Swazi media reported that
Maseko would argue that the Chief Justice did not have the legal power to issue
the warrant of arrest, alleging further that his actions were unconstitutional
and irregular.
See also
EDITOR
APPEARS IN COURT IN LEG IRONS
CENSORED:
CRITICISM OF SWAZI STATE
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