Prodemocracy campaigners in Swaziland (eSwatini) who
had their homes raided and property seized by police lost their High Court case
calling the raids unconstitutional on a legal technicality.
Police acting on warrants from the Manzini
and Mbabane magistrates courts raided homes of members of the newly-formed Political
Parties Assembly (PPA) in December 2019.
Ngwane National Liberatory Congress (NNLC) President Sibongile Mazibuko;
Chairman of Sibanhle Sinje National Movement Musa Nkambule; People’ United
Democratic Movement (PUDEMO) Secretary General Wandile Dludlu and President of
the Swaziland Democratic Party (SWADEPA), Jan Sithole argued the warrants had
been issued illegally.
Laptops, phones and other
devices were confiscated by police in the raids.
High Court Judge Nkosinathi Maseko dismissed
their application saying they should have gone to the magistrates’ court to
have the warrants overturned. Only if the magistrates refused to do this, should
they approach the High Court.
Previously the High Court had blocked the
police from proceeding with arrests on the strength of the warrants they
obtained. Judge Maseko said this was no longer in force.
After the decision, Jan Sithole told
the Swaziland News, an online newspaper, the PPA leaders would attempt
to appeal the High Court ruling.
Swaziland is ruled by King Mswati III as an absolute monarch. In the
Swazi political system known as tinkhundla parties are barred from taking part
in elections and groups calling for democracy are banned under the Suppression
of Terrorism Act. The King appoints the Prime Minister and government members as
well as top judges and civil servants.
Following the raids the Swaziland United Democratic Front,
one of the groups targeted, in a statement circulated on social media said,
‘This comes weeks after the all progressive formations in the country resolved
to unite under the banner of the Political Party Assembly to fight against the
Tinkhundla regime. This led to the start of a campaign that was dubbed #MSWATI
MUST FALL and has since been gaining momentum and meeting equal resistance from
the autocratic regime.’
At the time the Southern
Africa Litigation Centre in a statement said, ‘We are
concerned by the actions of the police, which appear to be targeted at those
activists who have been prominently involved in protests relating to workers’
rights and who have been promoting multi-party democracy and government
accountability in the country.’
See also
Swaziland
police in mass raids on homes of democracy activists, some detained
https://swazimedia.blogspot.com/2019/12/swaziland-police-in-mass-raids-on-homes.html
Police question Swaziland political leader amid fears of treason charge
Police question Swaziland political leader amid fears of treason charge
Swaziland
ex-Govt minister in hiding after calling on absolute monarch to hand over power
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