Swaziland
Newsletter No. 769 – 17 March 2023
News from and about Swaziland, compiled by
Global Aktion, Denmark (www.globalaktion.dk)
in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com),
and sent to all with an interest in Swaziland - free of charge.
Ntuthuko
to spend 20 years in jail
By
Nkosingiphile Myeni, eSwatini Observer, 16 March 2023
Former minister of public works and
transport, Ntuthuko Michael Tsembalenkhanyeti Dlamini, was yesterday sentenced
to 65 years imprisonment for the murder of three people.
Dlamini who shot and killed Themba Andreas
Tsabedze, Sikhulu Shongwe and Simon Dlamini in 2020 was sentenced by Justice
Maxine Langwenya to a period of 20 years each without an option of a fine.
He was further sentenced to five years
imprisonment with an option to pay a fine of E5 000 for being in possession of
an illegal firearm.
However, he will get to spend 20 years in
prison as the sentences are to run concurrently.
This comes after Justice Langwenya convicted Dlamini for the crimes on December
12, 2022.
Dlamini killed the three men over a land dispute within the LaMgabhi Chiefdom,
his constituency where he was a Member of Parliament.
He was charged with murder in that on or
about September 7th, 2020, at or near Mhlabubovu area in the Manzini region, he
unlawfully and with intent to kill, killed Sikhulu Shongwe by shooting him
three times, on count one.
On the second count, Dlamini was charged
with murder in that on the same date and same place, he unlawfully and with
intent to kill, killed Themba Tsabedze by shooting him with a firearm. On the
third count, the former legislator was charged with murder in that he
unlawfully and with intent to kill, shot Simon Dlamini who later died in
hospital as a result of the gunshot wound while on the fourth count, he was
charged with contravening the Arms and Ammunition Act. During his defence,
Dlamini argued that the murders were not pre-mediated.
He said there was a verbal argument with
the trio, which escalated, leading to their deaths.
He also stated that one of them was carrying a knob-stick which he (Dlamini)
felt threatened by and fired the fatal shots.
Justice Langwenya in her judgment stated
that the crimes that Dlamini had been sentenced of were serious, appalling and
unnecessary.
She said families of the deceased were entitled to expect that the crimes committed
be punished accordingly.
The judge said she found that when Dlamini
committed the offences he had lost his self-control for whatsoever reason in
the emotionally charged situation he found himself in.
“The inquiry into his mens rea at this stage of the proceedings would therefore
amount more or less to the negation of insanity coupled with some minimal
notion of foresight,” she said.
Judge Langwenya did not quantify the degree of the murders.
In her judgment, she said there were
extenuating circumstances that act as factors that impact on the moral
blameworthiness of the accused at the time he committed the offences.
She said while previous judges have found that immaturity, intoxication, anger,
provocation, economic plight, state of health, abuse or mistreatment were the
common extenuating circumstances, in the present matter the emotional
circumstances applied.
“However, gratuitous and unnecessary the
murders were, they were not premeditated. The non-premeditated murders herein
were carried out with only legal intention in emotional circumstance,” she
said.
The judge further stated that when a
killing was impulsive, concepts which emphasise rational processes, had little
meaning.
“The fact that there was no actual intent
to kill but only legal intention is a factor, which should normally be
considered an extenuating factor as well as mitigatory. The murderer with
actual intent is more morally blameworthy than the murderer with legal intent.
A constructive intent to kill is a factor, which must be put on the credit side
in accused’s favour in weighing up the existence of extenuating circumstances,”
Justice Langwenya said.
She said courts had made convictions of
murder with dolus eventualis on its own or featured with other factors may
constitute extenuating circumstances.
“I am of the view that since the murders were not pre-meditated coupled with
the fact that the accused states he feared for his life as the material time
the crimes were committed constitute extenuating factors,” she said.
Before delivering sentencing, the judge
said depriving children of the comfort, support and upbringing of their fathers
was a terrible thing.
“It is with regret that I find that I will have to part you from you children
and from your unemployed wife. It is sad for me and for you but my duty is
clear. From the evidence led during the trial, I have no idea why you would go
to the lengths you did to make widows and orphans in broad daylight in one fell
swoop when you had reported the matter to the police, and they had assured you
they were coming to attend to the matter,” she added.
The judge said she took into consideration
the submissions of both the Crown and the defence in coming to her conclusion
and sentencing.
To read more of this report, click
here
http://new.observer.org.sz/details.php?id=20086
See also
Sixty-five years in prison: The rise
and fall of former Public Works Minister Ntuthuko Dlamini.
http://swazilandnews.co.za/fundza.php?nguyiphi=4000
Ntuthuko recalls: from MP, minister,
now inmate
http://www.times.co.sz/news/139346-ntuthuko-recalls-from-mp-minister-now-inmate.html
Over 400 EFF members buried Katsande
By Eugene Dube, Swati Newsweek 12 March, 2023
MBABANE: Phumlani Katsande
Simelane, the EFF Swaziland member who was shot death in the back by King
Mswati III’s soldiers has been buried early today.
Pictures show that members of
the EFF Swaziland dominated the funeral.
Nombulelo Motsa, the Economic
Freedom Fighters of Swaziland President confirmed the matter in an interview
today.
“We buried Phumlani Katsande
Simelane today at Mahlangatja,” said Motsa in a brief interview.
Simelane was shot dead by
members of the Umbutfo Eswatini Defence Force.
Mthokozisi Makhunga, the EFF
Swaziland Deputy President is on record confirming the brutal killing of
Simelane matter in an interview.
“Our member had not provoked
even the soldiers. But they blocked him and shot him dead while walking away,” said
Makhunga.
Thulani Maseko a well-known
human rights lawyer and a PUDEMO member was gunned down in his home by
suspected state agents. His killing came few hours after King Mswati III
threatened to deal with dissidents.
Prior to Maseko's killing,
Muzi Mmema a leader of the SFDF was allegedly tortured and killed by Eswatini
state agents.
Concerns over Mswati’s swelling face, King’s
Spokesperson says his health condition remains confidential.
By Zweli Martin Dlamini, Swaziland News, 14
March, 2023
MBABANE: Percy Simelane, the
King’s Spokesperson says he can’t comment on health issues involving the
Monarch adding that his health is, and remains a confidential matter.
Mswati's has been appearing in
public with an alleged ‘swelling face’, his condition seems to be worsening and
doctors say he might be suffering from a liver disease.
Responding to a questionnaire
from this Swaziland News on Tuesday afternoon the King’s Spokesperson
reminded this journalist that patients files remain confidential.
“We are not privy to his
health file. His family and doctor are the ones who can comment on his health
condition. In this country patient’s file are confidential,” said the King’s
Spokesperson.
The King addressed members of
the Lutsango regiment on Saturday during the Buganu Ceremony, he appeared with
a visibly swollen face.
A doctor who analyzed his
recent picture told this Swaziland News that the King might be suffering
from a liver related disease.
“It’s hard to know exactly but
it might be a liver problem. This might also be caused by too much consumption
of alcohol,” said the doctor whose name cannot be revealed for ethical reasons.
This publication had earlier
reported that the King was hospitalized with COVID-19,however the police
responded by hunting this journalist for allegedly publishing what was described
as misinformation.
But on or around February
2021,the King in his Speech from the Throne confirmed that he was suffering
from COVID-19.
Assassination attempt and
harassment of Eswatini lawyer Maxwell Nkambule
Statement from Lawyers for
Lawyers, 10 March 2023
Lawyers for
Lawyers is concerned about the assassination attempt as well as the harassment
and intimidation of Mr Maxwell Nkambule. Lawyers for Lawyers is furthermore
concerned about the overall failures of the authorities in the Kingdom of
Eswatini to ensure the safety of lawyers in carrying out their professional
legal duties and to properly investigate incidents of violence against lawyers.
Mr. Nkambule is
a human rights lawyer in the kingdom of Eswatini and reportedly has been
attacked due to his representation of freedom fighters facing charges under the
Suppression of Terrorism Act of 2018 in Eswatini.
On 7 December
2022, Nkambule was on his way home after a consult with clients when a car
approached that had been following him for some time. As he stopped to see who
was in the car, one of the persons pulled out a gun and pointed it at
Nkambule’s head. A shot was fired in his direction, but Nkambule managed to
dodge the bullet by quickly driving away in his car.
Unfortunately,
Mr. Nkambule later experienced harassment again in relation to his work on
politically sensitive cases. For at least two nights in the month of December,
multiple unidentified men were surveilling his house, accompanied by a drone
that entered his private property. In the middle of the night, they observed
his house and its surroundings for hours before eventually leaving.
After
complaining to the police about these events, they informed him that an
investigation was not possible and did not assist him in any manner, nor did
they try to identify the persons or take any action to guarantee the safety of
Nkambule. As a result, Nkambule had to flee the country and could not represent
his clients in court in January.
It is not the
first time that similar attacks have happened in Eswatini. One of the
colleagues of Nkambule, Thulani Maseko, tragically passed away because of a similar incident. On
21 January 2023, Maseko was shot in his home, leading to his death. Maseko was
a human rights lawyer committed to promoting justice, peace and human rights in
Eswatini. His murder appears to have been an act of retaliation for his legal
professional duties. Thus far, the assailants have not been identified nor has
a proper investigation into his death been conducted by the relevant
authorities.
These attacks
are part of a wider crackdown on civil society that has been taking place in
Eswatini since 2021. Then, waves of protests broke out as a result of the
deterioration of the human rights situation in the country. The authorities
responded to the protests by banning them and sending police officers who shot
at the protesters.
The United
Nations Basic Principles on the Role of Lawyers, Article 16, states clearly
that governments must ensure that lawyers “are able to perform all of their
professional functions without intimidation, hindrance or improper
interference”, ‘are able to travel and to consult with their clients freely
both within their own country and abroad’ and “shall not suffer, or be
threatened with, prosecution or administrative, economic or other sanctions for
any action taken in accordance with recognized professional duties, standards and
ethics.”
Article 17
states that “Where the security of lawyers is threatened as a result of
discharging their functions, they shall be adequately safeguarded by the
authorities.”
Lawyers for
Lawyers is deeply concerned that the attacks on and intimidation of Mr.
Nkambule is connected to and serves to unlawfully restrict his legitimate
activities as a lawyer, especially in the light of the assassination of one of
his colleagues who was also targeted multiple times for exercising his
profession as a lawyer and the continuous unsafe situation for lawyers to
exercise their profession in Eswatini. To fulfil their professional duties
effectively, lawyers should be able to practice their profession safely and
should be free from improper interference, fear of reprisals, and unreasonable
or illegitimate restrictions.
Lawyers play a
vital role in upholding the rule of law and the protection of human rights and
their work is indispensable for public confidence in the administration of
justice and to ensure access to justice for all.
Therefore, in
order to maintain the rule of law and allow legal professionals to fulfil their
role in protecting rights and freedoms, Lawyers for Lawyers urgently calls on
the authorities in the Kingdom of Eswatini to:
Guarantee
the safety and physical integrity of Mr. Nkambule;
Thoroughly
investigate the attacks on Mr. Nkambule with the aim of identifying those
responsible and holding perpetrators accountable in order to serve justice and
to prevent re-occurrence of violations;
Thoroughly investigate
the death of Mr. Maseko with the aim of identifying those responsible and
holding perpetrators accountable in order to serve justice and to prevent
re-occurrence of violations;
Ensure that all
lawyers in the Kingdom of Eswatini are able to assist their clients without
intimidation, hindrance, harassment or improper interference and without
threats, prosecutions or sanctions for any action they take in accordance with
internationally recognized professional duties, standards and ethics.
Kidney
disease claims 200 lives in 12 months
By
Nomfanelo Maziya, eSwatini Observer, 10 March 2023
The lack of support to patients suffering
from kidney disease is among factors that resulted in the death of close to 200
people in 12 months.
Patients with chronic kidney diseases face
a number of challenges, among which is lack of transport money to attend
sessions three times a week at most at the Mbabane Government Hospital and
other health facilities.
Dialysis services are provided at the
Mbabane Government, Hlatikulu Government and Raleigh Fitkin Memorial Hospitals.
Some of the patients travel from as
Matsamo and Lomahasha, to name a few, according to the Chronic Kidney Disease
Support Foundation Chief Executive Officer, Nkosinatsi Dlamini.
Chronic kidney disease is when the kidney
function gets worse. High blood pressure and diabetes are two common causes of
chronic kidney dieseas. Dlamini, who was speaking at the Mbabane Government
Hospital in honour of the World Kidney Day, which is commemorated on March 9
annually, said most of those affected found themselves jobless as they spent
time at the renal unit.
He said these were people who were young
and energetic but were faced with financial challenges.
As a result of the challenges, he said
most dialysis patients slept in compromised places in the hospitals, hence that
led to them getting infected with other conditions that would otherwise have
been easily avoided.
“This causes severe stress to the patients
as some do not have support of their close family and acquaintances as they do
not understand the complications that come with this condition,” he said.
Dlamini said currently 298 people have
kidney disease and were on haemodialysis.
He said 34 were on peritoneal-dialysis,
which is home dialysis.
“Forty-eight are dialysing at Hlatikulu
Government Hospital, 44 are at Raleigh Fitkin Memorial Hospital in Manzini and
206 are dialysing at the Mbabane Government Hospital. Inside 12 months
close to 200 kidney patients have died due to multiple factors,” said Dlamini.
He further stated that it was of great
importance to lessen the burden that was carried by people who undergo dialysis
in the country saying “every Liswati needs to know about kidney disease, but
especially if you have one of the risk factors – diabetes, HIV, hypertension,
heart disease, obesity or a family history of kidney disease.”
He stressed that knowing you are at risk
was the first step towards living a healthier life and the Foundation worked
hard in soliciting funds to get experts to help in prolonging lives of kidney
patients and to bring awareness on how people should live their social lives,
which had a direct impact on the function of the kidney.
One of the patients on dialysis,
Nontsikelelo Magagula, a 29-year-old with an energetic spirit, said she
transferred to Mbabane Government Hospital because it was closer to home in
Pigg’s Peak.
Magagula highlighted some of the
challenges they face as they undergo treatment.
“When I arrived at the hospital, I found
that patients would sleep in the passage on cardboard boxes and although I am
not sure who, but someone then donated mattresses, which we now sleep on,” said
Magagula.
She shared that she had been on dialysis
since March 2019 and her journey began at the Hlatikulu Government Hospital
after she had been referred by her local clinic.
“I receive treatment three days a week. I
cannot go home and return the following day because transportation is costly,
especially because I would have to travel to and from Pigg’s Peak. As a result
every day after the treatment I sleep in the passage and go back home on
Fridays,” she said.
Magagula further stated that in the midst
of it all, while sleeping in the passage she incurred food expenses because the
hospital did not cater for them since they were not admitted.
To read more of this report, click
here
http://new.observer.org.sz/details.php?id=20051
Shot
and tortured by police, Communist Party of Swaziland’s Mvuselelo Mkhabela
escapes, calls for continued anti-monarchist resistance
By Pavan Kulkarni, Peoples Dispatch, 10 March 2023
Speaking to Peoples Dispatch
from his hideout, the 21-year-old narrated how he escaped from the police and
made it to safety with the help of his comrades, following hours of torture,
after being shot by the King’s police while leading a pro-democracy protest
Mvuselelo Mkhabela,
21-year-old activist of the Communist Party of Swaziland (CPS), confirmed that
he was safe in a video message on
March 9, over a week since his escape from the hospital where he was brought by
the police after being shot and tortured by them.
Security forces of King Mswati
III, Africa’s last absolute monarch, shot Mvuselelo on February 28 while he was
leading a local protest to disrupt a government campaign aimed at convincing
people to vote in the upcoming parliamentary election, expected to be held in
the second half of 2023.
Only those individuals
approved by the King’s local chiefs—who also control the community land and
resources—can contest the elections to the parliament of the southern African
kingdom, where all political parties have been banned since 1973.
Describing the parliament as
the King’s “puppet,” with no power to hold to account the executive directly
appointed by the monarch, CPS International Secretary Pius Vilakati told Peoples
Dispatch that these elections “have nothing to do with the interests
of the people of Swaziland.” Held every five years, they only serve to
legitimize the monarchy, he said, justifying the CPS’ campaign to disrupt the
election.
Pius argued that the election
can “neither be free nor fair,” when the chiefs who decide who can and cannot
contest the elections also control community members’ access to land, which in
Swaziland is all owned by the King.
Nevertheless, determined to
get people to vote and counter the campaign for boycott, the government has
launched its own propaganda campaign to convince communities about the virtues
of this election.
Agents of what is called the
“Elections and Boundaries Committee” arrived on the morning of February 28 to
campaign in Mvuselo’s small town of Hluti, in the Hosea constituency in
Shiselweni region, about 180 kilometers south of Swaziland’s capital Mbabane.
Along with 25-year-old Bongi
Mamba, another CPS activist, Mvuselelo had been organizing this rural community
and campaigning to raise awareness about the need to boycott and disrupt the
elections.
On February 7, heavily armed
policemen barged into Mvuselelo’s home at 4 am and arrested the duo, two days
after they had led a local anti-monarchist protest calling to lift the ban on
political parties and release political prisoners.
They were tortured and
interrogated in custody before being released the next day, after Hosea
community members protested outside the station. Bongi was released without any
charge, but Mvuselelo was released on bail and charged with burning property
and possessing cannabis seeds.
On their release, they were
briefly hospitalized. Unfazed, the duo went right back to Hosea, and continued
organizing the community and campaigning against participation in this
election.
When the agents of the
election committee arrived with police on February 28, youngsters in the area
led by Mvuselelo quickly mobilized to stop them from entering the community.
Carrying banners proclaiming ‘No to Mswati Election,’ ‘Democracy Now!,’ ‘Mswati
Must Fall!,’‘Unban political parties,’ and ‘Free all political prisoners’, they
blocked the small mud-road, stomping their feet in a rhythmic dance and
chanting in chorus a protest song against Mswati.
“Without any warning, the
police who were accompanying the election agents shot me in the right thigh
from a close range. The bullet missed my bone and exited from the other side,”
Mvuselelo told Peoples Dispatch while speaking from a hideout where
he is being treated by a doctor who is also a CPS member.
“Other community members tried
to fight back. Some even tried to grab their guns to stop them from shooting
more people. But they fired several rounds. When people ran for cover, the
police picked me up and threw me in one of the vans they had brought.” The
seats and floor of the van had already been covered by plastic sheets to
prevent blood stains, he said, concluding that the police had come with the
intention to shoot and arrest protesters.
“They drove past the nearby
community clinic, but did not stop to get me first aid. They did not even call
an ambulance. Instead they intentionally took a long gravel road and drove for
almost 40 kilometers to cause me more injuries,” Mvuselelo said.
“All the way they beat me, and
fingered my bullet wound to cause more pain and bleeding. They threatened me,
saying this is only the start, there are worse things they were going to do to
me.”
To read more of this
report, click here
Over 400
children not in school due to lack of birth certificates
By Kwanele
Sibiya. eSwatini Observer, 11 March 2023
Despite government’s effort to ensure that every child has access to
formal education, through the provision of the Free Primary Education (FPE)
programme, 408 children have not been accepted in schools due to the lack of
birth certificates.
This was revealed by Umhluma Women and Youth Foundation Director Lungelo
Zulu, who said they had it in authority based on their records that these
children were idling at home.
Zulu said what was worrying was that a fair share of the parents to
these children were also without birth certificates.
He said this was the reason they failed to register certificates for
their children.
Zulu said the organisation had engaged with some of the head teachers,
who stated that their hands were tied, as they were expected to submit a list
of pupils to be enrolled under the FPE to the deputy prime minister’s office.
“The head teachers said they, unfortunately, cannot submit the claims
for pupils who do not have birth certificates as per the requirements by
government.
“We also tried to engage the department of social welfare and many other
partners with futile attempts,” he said.
He then pleaded with the ministry of home affairs, which is responsible
for such issues, to intervene urgently and salvage the future of these
youngsters.
“The country should formulate certain systems that would
accommodate such children even though this might be a costly exercise, given
that there are some parents who also do not have these certificates,” he said
Communications Officer in the Ministry of Home Affairs, Mlandvo Dlamini,
advised members of the Umhluma Women and Youth Foundation to reach out to the
ministry so they could assist them in identifying the affected children.
He said this would allow the ministry to assess the situation and
further come up with a strategy on how best to deal with it.
“The ministry has discovered that a majority of Emaswati were not
capacitated on the mopping exercise, which is aimed at ensuring that everyone
has access to birth certificates and other personal documents.
“As a result, we have rolled out programmes on social media platforms in
a bid to reach out to the masses,” he stated.
He said these orphaned and vulnerable children (OVC) could also visit
the deputy prime minister’s office for assistance on this issue.
Dlamini then urged mothers to register birth certificates for their
children within 60 days from birth to avoid a situation where they would be
left stranded in the event they pass on.
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