As workers and pro-democracy activists prepare to
mark Workers’ Day on Friday (1 May 2015) many will remember Sipho Jele who was
killed by Swaziland state forces five years ago.
The 35-year-old Jele was arrested and charged under
the Suppression of Terrorism Act on 1 May 2010 for wearing a T-shirt supporting
the People’s United Democratic Movement (PUDEMO),
an organisation banned in the kingdom, ruled by King Mswati, sub-Saharan
Africa’s last absolute monarch.
He was taken to Manzini Police Station and then to Sidwashini
Remand Correctional Institution. He was found hanging from a beam in a shower
block on 3 May.
The inquest
verdict delivered in March 2011 said in effect that Jele levitated
to the ceiling unaided, tied an old piece of blanket around a beam and then
around his own neck and then allowed himself to fall to the ground, thereby
killing himself by hanging.
Coroner Nondumiso Simelane reported, ‘Further,
although there was nothing found at the scene which the deceased could have
used as a platform on which to stand to commit the suicide; upon closer examination
of the scene and the photos of the deceased captured at the scene, and the
pathologists concluding that “it is possible for the deceased to have mounted
himself upwards from the floor and then suspended himself without the use of a
platform,” and that “after the ligature was applied to the beam and neck he
could have lowered himself and the feet would still be above the floor.”
Simelane recorded Jele’s death as suicide.
Independent Specialist Forensic Pathologist Dr
Ganas Perumal at the inquest said there was no
evidence that Jele had been hanged.
According to
a report in the Swazi
News, an independent newspaper in Swaziland, Perumal said, ‘In this case
there is no evidence of being hung. The perplexing thing is how he got
suspended as there was no object on which he stood. In most cases the object is
kicked away for the body to remain suspended. There was no such object that was
found. That is the only feature that doesn’t confirm suicide. It is an enigma
how he hung without standing on an object.’
Questioned by attorney Leo Gama on whether it was
possible that Jele had tied the rope around his neck while seated on the beam
he was found hanging from, and then threw himself down for the rope to tighten
around his neck, Dr Perumal entirely ruled out this possibility.
‘In that case there would be stretching of the skin and moreover there would be problem with the spine. Looking at the findings, we can exclude that scenario. There are no features to suggest that,’ he said.
It emerged at the inquest that Swazi police and prison warders lied a number of times about the circumstances up to the time of the death. They had claimed that they interviewed people who were in the same cell as Jele about the circumstances of his death; Perumal told the inquest that the cell mates denied being interviewed.
‘In that case there would be stretching of the skin and moreover there would be problem with the spine. Looking at the findings, we can exclude that scenario. There are no features to suggest that,’ he said.
It emerged at the inquest that Swazi police and prison warders lied a number of times about the circumstances up to the time of the death. They had claimed that they interviewed people who were in the same cell as Jele about the circumstances of his death; Perumal told the inquest that the cell mates denied being interviewed.
Perumal said, ‘I asked if any of the inmates had
been interviewed to see if they had seen him and if any fight had ensued during
the night of his death but none had been interviewed.’
This was not the first time that the police had been
found out lying to the inquest. Previously,
it was discovered that police had recorded in an official journal that Jele was
in good health when he arrived at Manzini police station.
The official record – called the RSP 3 book – said
the entry was made by Constable David Tsabedze, but he told the inquest that he
never made the entry.
This led to Attorney Leo Gama concluding that
Tsabedze never
made such entries and left the space vacant, but when the
police heard that there was to be an inquest into the matter, someone filled up
those spaces without telling Tsabedze. This was so they could show Jele was in
good health when he left the police station.
Another anomaly was that although Jele was brought
to the police station at 5.30pm on 1 May, he was only placed in a police cell
at 11pm and no one could come forward to state what happened in the meantime.
In a bizarre twist the inquest heard that Jele asked
to be sent to Sidwashini because he feared being ‘tubed’ (tortured and
suffocated) if he was sent back to police custody. The Swaziland Director of
Public Prosecutions Mumcy
Dlamini said she was pleased to hear this because
it meant Jele had not yet been tortured while at the police station. Dlamini
told the inquest as far as she knew the only reason why Jele wanted to go to
Sidvwashini was his fear of torture by police.
The
inquest was told Jele was taken out of the Manzini Police Station’s cell for
interrogation purposes for hours on different occasions, but one officer said
it was unclear whether they also took him out of the building.
A
jailor, Assistant Superintendent Richard Mthukutheli Fakudze, told the inquest he found Jele hanging
from a concrete bar in the bathroom of his prison cell at about 5am on 3 May
and he just knew Jele had killed himself. While he gave his testimony, he was
interrupted by Prosecutor Phila Dlamini who warned him to only say what he
observed and desist from giving an opinion. Fakudze had conclusively said Jele
hanged himself yet he found him hanging. Said Dlamini, ‘If you insist that he
hanged himself, you are actually saying that you saw him tying the blanket
around his neck and hanging himself.’
Jele
was charged under S19 (1) (a) of the Suppression of terrorism Act for wearing a
T-shirt with PUDEMO written on it.
S19
(1) (a) of the STA states, ‘A person who is a member of a terrorist group
commits an offence and shall on conviction, be liable to imprisonment for a
term not exceeding ten (10) years.’
Wearing
a PUDEMO T-Shirt does not make you a member of PUDEMO and therefore the police
had no reason to arrest Jele. But after police arrested him they then took him
to his home
and searched it and later alleged they had found
materials linking him to the banned political organisation.
Amnesty International suspected that Jele might have
been targeted for arrest at the May Day rally. Jele was one of 16 prodemocracy
activists awaiting trial after they were charged with treason in 2005.
In
a public statement, Amnesty said, ‘Mr Jele had been subjected to torture and
other ill-treatment in police custody in the past. He was detained by police in
December 2005 and subsequently charged with treason along with 15 others. Mr
Jele alleged that while in custody he was beaten around the head causing
long-term damage to his hearing, for which Amnesty International was able to
obtain independent medical corroboration. He also alleged that he was subjected
to suffocation torture while forcibly held down on a bench by six police
officers at Sigodvweni police station. Some of his co-defendants made similar
allegations of torture by the police.
‘The
presiding High Court judge hearing their bail application in March 2006 was
sufficiently concerned to call on the government to establish an independent
inquiry into their claims. An inquiry was established under a single
commissioner who subsequently reported his findings to the then Prime Minister.
To Amnesty International’s knowledge this inquiry report was never made public.
Mr Jele and his co-defendants had still not been brought to trial on the
treason charge by the time of his death.’
At
the time of Jele’s death, PUDEMO
said in a statement, ‘The Swaziland royal regime has always
been giving the international community the wrong information that political
dissenters are not imprisoned, harassed and killed. And that Swaziland is a
peaceful country. But here is a political activist getting killed for attending
Workers Day and wearing a PUDEMO T-shirt.’
See
also
SWAZI POLICE DISRUPTS
ACTIVIST'S FUNERAL
ACTIVIST
FUNERAL – IPS REPORT
http://swazimedia.blogspot.com/2010/05/activist-funeral-ips-report.html
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