Swaziland Newsletter No. 782 – 23
June 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.
Terrorism act used against pro-democracy people -
lawyer
eSwatini News, 17 June 2023
MANZINI: “The Suppression of Terrorism Act of 2008 is used against
people in the pro-democracy movement, says a human rights lawyer.”
Human Rights Lawyer Mzwandile Masuku, who is the son of deceased former
President of the People’s United Democratic Movement (PUDEMO) Mario Masuku,
said this when addressing attendees of the Oslo Freedom Forum 2023. The
Oslo Freedom Forum (OFF) is an internationally recognised conference for
democracy and human rights, which began as a group of roughly 200 individuals,
who gathered in the Norwegian capital in 2009, to celebrate the survivors of
Communism and Nazism. On Wednesday, Masuku informed the attendees that
while the Suppression of Terrorism Act was allegedly used as a target for
dissenting voices, the lawyers who represented the people charged under this
Act were accused of promoting terrorism. He said because of this, they
(lawyers) tended to be intimidated.
“One of my colleagues survived an assassination attack and Maseko did
not. For the first time in a while, I’ve not worried while walking around in
Oslo of the Royal Eswatini Police Service (REPS) following me or monitoring my
movements with white unmarked South African registered cars,” he said. The
human rights lawyer claimed that the late Human Rights Lawyer, Thulani Maseko,
was one of the lawyers who challenged the presence of the military personnel in
schools, the shutdown of the internet and the arrest of minors. “What is
happening in my country could have been avoided as now there are parallel
attacks happening,” he alleged. He said this could have been avoided by
listening to the peaceful protesters. Mzwandile said Eswatini was a small
country calling for intervention, but the pleas became background noise.
The lawyer claimed that the intervention of the Western countries had assisted
in the release of Maseko when he was imprisoned in 2014. He appealed for the same
to be applied even now instead of the ‘lukewarm’ posture that was seemingly
adopted by many diplomats. Mzwandile said Maseko, a long time mentor and
partner, was gunned down in front of his wife and children. He said he
could not get the voice of Tanele (wife) when informing him that Maseko was
cold. The human rights lawyer informed the gathering that Tanele described to
him an assignment executed by a skilled assassin.
He said when he received the news of Maseko’s demise while he was with
his family, he subsequently prayed that ‘if this (execution) should happen, it
should happen away from their families’. Subsequent to this, he claimed to have
wondered who was next as there were talks of an assassination list for the
pro-democracy movement. Alpheous Nxumalo, the Government Spokesperson,
said Mzwandile needed to be reminded that he who alleges must prove his
allegations. “As government, we are far from being deterred by such false
narratives whose sole purpose is to deliberately delay, derail and divert
investigations into the murder of Mr Maseko and many other emaSwati, including
members of the national security services, a chief and ordinary citizens of the
country,” Nxumalo said.
Authorities must stop using the courts to intimidate
and harass union leaders
Amnesty International statement, 19 June 2023
Ahead of
the court appearance of Sticks Nkambule, Secretary General of Swaziland
Transport Communication and Allied Workers Union, on trumped-up charges of
contempt of court stemming from his involvement in organizing a stay away
action in December 2022, Vongai Chikwanda, Amnesty International’s Interim
Deputy Director for Southern Africa, said:
“The
harassment and intimidation of Sticks Nkambule and the union that he represents
for simply organizing a protest shows that the authorities
in Eswatini are effectively criminalizing peaceful dissent. The
message they are sending is loud and clear: those who dare to differ with those
in power will be punished.
“Authorities
must drop the sinister charges against Sticks Nkambule, stop criminalizing
dissent and respect the people’s rights to freedom of expression, association
and peaceful assembly. This travesty of justice must end.
“Criminalizing
people who express their views and protest goes against Eswatini’s Constitution, which guarantees the rights to
freedom of expression, peaceful assembly and association. It also violates the
country’s international human rights obligations including under the African
Charter on Human and Peoples’ Rights and the International Covenant on Civil
and Political Rights, to which Eswatini is a state party.”
“Eswatini
authorities must respect, protect, promote and fulfil the human rights of
everyone in the country and allow people to freely exercise their rights.
Authorities must stop using the criminal justice system to harass, intimidate
and persecute those who dare to stand up for their rights including union
leaders and protesters.”
Background
Sticks
Nkambule is facing contempt of court charges connected to the stay away strike
that took place on 13 and 14 December 2022 which was organised by the Swaziland
Transport Communication and Allied Workers Union (SWATCAWU), a coalition of
trade unions.
The
protest was organized to demand the release of Mthandeni Dube and Bacede
Mabuza, Members of the Eswatini Parliament incarcerated since 25 July 2021 for
calling for political reforms in the country. Sticks is listed as the first
respondent to the case, while his union is the second respondent.
The other two unions, the Eswatini Kombi and Buses Allied Union, Swaziland Commercial Amadoda Road Transport Association, are third and fourth respondent respectively.
Statement Eswatini
Sexual and Gender Minorities and the Southern Africa Litigation Centre, 16 June
2023
MBABANE: A five-panel
bench of the Supreme Court of Eswatini passed a judgement setting aside the
decision by the High Court that dismissed the application by Eswatini Sexual
and Gender Minorities, ESGM, to be registered as a non-profit
organisation.
In the 26-page long
judgement, the bench unanimously declared that “the approach undertaken by the
Registrar in this regard does not meet the legal requirements contained in
Section 33 of the Constitution.” Section 33 provides for the right to
administrative justice, including the right to be treated in accordance with
the requirements of fundamental justice and fairness. This includes the right
to procedural, lawful, and reasonable administrative action.
The decision on
whether or not to register the organisation was declared invalid, and the
Minister responsible for the registration of companies has been ordered to
decide on the organisation’s registration status. The Supreme Court said the
Minister must reconsider the application afresh, and a decision should be
transmitted in writing within 60 days.
The Supreme Court
agreed with the argument by the appellants that the minority judgement from the
High Court was correct in deciding that the decision ought to be set aside
because the Registrar unlawfully relied on advice from others.
Melusi Simelane, who
brought the application on behalf of ESGM, welcomed the judgement. “Once
again, the judiciary has reminded the executive branch of government and its
functionaries of the importance of Section 33 of the Constitution. This is a
monumental judgement and a constant reminder to the executive to exercise its
powers with restraint and pay close attention to the rights and liberties of
every citizen. We now hope the Minister will make a decision that will be
remembered in history as protecting the rights of the marginalised LGBTIQ+
citizens of Eswatini without prejudice.”
“We are happy that
the court set aside the initial decision of the Registrar, which was taken
irregularly. We trust that the Minister will apply his mind properly to the
matter, taking into consideration the appellants’ rights to association and
expression,” said Anneke Meerkotter, SALC’s Executive
Director.
“The judgement today
brings hope to the organisation and its members as we witness the Supreme Court
recognising the rights of all citizens by setting aside the decision of the
Registrar. We hope that the decision by the Minister will not delay justice but
uphold the rights of the people as per the Constitution.” Sisanda
Mavimbela, ESGM’s Executive Director.
“I commend the
judiciary for reminding government officials to execute their duties within the
ambit of the law and policy guided by context and principles of fairness,
non-oppression and justice.” Anna Mmolai-Chalmers, SALC’s LGBTIQ+ Program
Manager.
Background
In 2019, ESGM applied
for the name reservation with the Registrar of Companies and was denied. The
Registrar refused to register the association, stating that the association’s
purposes were unlawful. The Registrar suggested that the Constitution does not
include gays, lesbians, or intersex persons. On 29 April 2022, the High Court
handed down its decision and ruled against setting aside the decision of the
Registrar and registering ESGM, with a dissenting judgment asserting that ESGM
be registered as a not-for-profit company. The Court, however, held that
LGBTIQ+ persons are entitled to constitutional rights, including the right to
life, liberty, privacy, dignity, not to be discriminated against, the right to
freedom of expression, to associate and form a company and the right not to be
subjected to inhumane and degrading treatment. The Court held that these rights
were inherent to all persons based on their status as human beings. The Supreme
Court heard the case on 5 May 2023.
For
information, read the Fact Sheet here.
Download
the Supreme Court ruling here.
SWALIMO 67 000
members registered to vote
By Thokozani Mamba, Times of Eswatini print
edition, 20 June 2023
SITEKI: The
Swaziland Liberation Movement (SWALIMO) claims to have registered 67 000 of its
members to vote in the 2023 General Elections.
About 583 428 have
registered nationwide.
The validation of
the voters registry will take place between June 21 to July 12, 2023, while the
nomination process will take place between July 22 and 23.
According to
SWALIMO Spokesperson Thantaza Silolo, they mobilised all their card carrying
members to register after declaring that the party would contest parliamentary
seats this year.
Silolo, when asked
how they had verified the number of their registered members, said they relied
on information from the organisation’s branch chairpersons.
He said they were
constantly communicating via WatsApp with the chairpersons, receiving updates
on the registered members.
He was also asked
how he determined that all their members had registered based on a tangible
proof forwarded by their members.
He has also been
asked about the organisation’s total membership, considering that some members
openly declared their resignation from the party.
“SWALIMO is a
mass-based organisation and the call to register and participate in the
elections was not just for our card carrying membership alone but for all peace
loving and democracy seeking emaSwati. EmaSwati in their numbers, believing in
the leadership of SWALIMO and its call, decided to register, hence this
applaudable turnout,” he said.
Silolo stated that
the remaining call was to now nominate and elect credible leaders, who would
ensure to push the mandate of emaSwati in Parliament.
“We just pray and
will ensure to guard that the State does not rig the elections against the
numbers committed to doing right,” he added. Worth noting is that other
political formations such as the Swaziland Democratic Party (SWADEPA) and Sive
Siyinqaba have also declared their participation in the forthcoming general
elections.
“According to our
records of card carrying members, we have 67 000 who have registered to vote.
This figure is for members who registered to be members of SWALIMO last year
and currently I cannot be sure about the database of our members. I am yet to
get the latest figures of those who have joined the party,” he said.
The spokesperson
further thanked the party’s members for registering in their numbers at their
respective nearest registration centres.
He acknowledged
that some of those who registered to vote were people who supported the
struggle.
“We have made our
point clear that we want to register in numbers so that we also vote for the
people who will bring change in Parliament. We want to ensure that the
identified people serve the interest of emaSwati, who have been calling for
democratic reforms since 2021,” the spokesperson said.
Adding, he
mentioned that the youth should also join the party and play a key role in the
struggle.
Acting Sive
Siyinqaba National Movement Secretary General (SG) Vusi Nxumalo said his
organisation had 19 655 members who were encouraged to register to participate
in the forthcoming elections.
He said they had
mobilised their members to register after the delay on the hosting of the
national dialogue.
Nxumalo said
branch leadership had mobilised members to register in their number in all
their branches.
“I cannot have the
exact figures but most of our members have registered. We had anticipated that
the national dialogue will be hosted first before the elections but we then
resolved to mobilise our members after the State continued with the elections,”
he said.
SWADEPA President
Barnes Dlamini said the party would not have that information for now but as an
organisation, they stand by their principle and policy to participate in the
forthcoming elections.
Sithobela SWALIMO
Branch Chairperson Mciniseli Dlamini said his branch had about 350 members who
registered to vote.
Dlamini also said
he had registered to vote after they received a directive from the
organisation’s leadership to mobilise members to register.
“We have to ensure
that we push for the call to for democratic reforms,” he said.
EBC Communications
Officer Mbonisi Bhembe said the commission had a mandate to register every
liSwati to vote.
Bhembe said the
commission was aware that there were people affiliated to different political
formations who had registered to vote.
He encouraged
emaSwati to fully participate in the next stages of the general elections.
“We are aware that
there are emaSwati affiliated to different political organisations who have
registered to vote. The commission is only in charge of the elections and not
to check a voter’s affiliation to a certain organisations. Our mandate is to
host free and fair elections for all emaSwati, hence everyone who is above 18
and liSwati is eligible to register to vote and exercise his or her right,”
Bhembe said.
Moreover, he said
the commission would be conducting an audit on every voter registration kit to
ascertain any discrepancies as it had an electronic footprint of the
registration.
Bhembe shared that
if the commission found any discrepancies, an investigation would be
instituted.
“We are currently
preparing for the validation process as the extension delayed us,” he said.
By Zweli Martin Dlamini, Swaziland News,
21 June, 2023
MBABANE: Lucky Dlamini, the
Chairperson of the Swaziland United Democratic Front (SUDF) has confirmed that
Eswatini Concerned Citizens will soon embark on a nationwide delivery of
petitions, amid shortage of drugs in hospitals across the country.
Eswatini, a tiny Kingdom
situated in Southern Africa and ruled by Mswati as an absolute Monarch, is
facing a serious health crisis.
The health crisis, triggered by
government failure to provide drugs in hospitals, has resulted to the death of
hundreds of patients.
On Tuesday morning, Concerned
Citizens under the SUDF delivered a petition at Sobhuza Clinic-kaKhoza, about
one (1) kilometer from the densely populated Manzini town.
Speaking to this Swaziland
News, Lucky Dlamini, the Chairperson of the SUDF said the health crisis in
the country, now requires citizens to address it as it affects them directly.
“We can confirm that Ka-Khoza
Concerned Citizens delivered a petition at Sobhuza Clinic, more petitions will
soon be delivered in all health facilities across the country in demand for
drugs,” said the SUDF Chairperson.
Lizzie Nkosi, the Minister of
Health had not responded at the time of compiling this report.
The delivery of petitions come
at the time when the health was not only attracting the attention of political
entities or the general members of the public, Members of Parliament (MPs)
Marwick Khumalo and Macford Sibandze recently came hard on Health Minister
Lizzie Nkosi for failing to address the crisis.
Worth-noting, the crisis
erupted long before the appointment of the current Health Minister Lizzie
Nkosi, it allegedly came as a result of Government failure to provide a
sufficient budget for the Ministry of Health, more billions, of public funds
sustain King Mswati’s lavish lifestyle.
Recently, Mswati allegedly used
public funds to purchase over twenty (20) new Mercedes Benz including four (4)
Vianos collectively worth over R50million, the polygamous King purchased the
vehicles for his wives.
Mayibongwe Masangwane is the Secretary
General (SG) of the Swaziland Democratic Nurses Union (SWADNU.
The Nurses Union Secretary
Genera told this Swaziland News on Tuesday that as health workers, they
welcome the idea to deliver the petitions to Government hospitals and clinics
across the country, he said this will demonstrate the magnitude and/or
seriousness of the health crisis.
“We have been creating
awareness that the situation in hospitals is getting worse but Government seems
reluctant to address the crisis. Maybe, once the public stands-up and demand
the medication, government will prioritize the issue,” said the Nurses Union
Secretary General.
Eswatini has been relying on
the United States (US) among other donors, to fund the health system
particularly on Human Immune deficiency Virus (HIV) eradication programs while
taxpayers monies fund Mswati’s lavish lifestyle.
Mealie meal price
hike looms as maize shortage hits eSwatini
By Sibusiso Shange, Times of Eswatini print edition, 20 June 2023
MBABANE:
Consumers should expect to pay no less than E10 more for a bag of mealie meal
due to the drastic decline in this year’s harvest.
In fact,
tough times lie ahead for emaSwati as the kingdom faces a huge drop in maize
production owed to a poor harvest.
Maize is
the staple food for emaSwati, which is used in the production of mealie meal.
For the
country to be self sufficient as far as maize production is concerned, it needs
at least 140 000 metric tonnes of maize.
However,
a pre-harvest analysis report shared by the Ministry of Agriculture, has
pointed out that farmers collectively produced 85 000 metric tonnes in the 2023
harvest, which already depicts a shortfall of 55 000 metric tonnes.
This
year’s harvest has shown a drop of 42 000 metric tonnes compared to last year,
where the harvest stood at 127 000 metric tonnes, according to records shared
by the National Maize Corporation (NMC).
In an
interview yesterday, Director of Agriculture Nelson Mavuso attributed the drop
in the maize production to dry spell and storms that hit the country earlier in
the year. Mavuso stated that most areas such as Manzini, which he referred to
as a food basket, were affected by the dry spell when the cobs were about to
sprout.
Asked
about the real meaning of the drop in maize production, Mavuso said a full
harvest report would be released on July.
“We have
released a pre-harvest analysis report for now. This means that a full report
will follow once all farmers are done with preparing their grain for storage.
The final report will give a direction on how to address the shortfall.
Obviously, the only option to address such a huge shortfall is importing the
product from other countries,” Mavuso said.
He stated
that countries such as South Africa (SA) had indicated their readiness in
exporting maize as they had a surplus. However, he stated that earmarking a
country for import would be determined by the prices and availability of the
product.
He added
that the kingdom had been unable to reach the target of 140 000 metric tonnes
in the past 10 years.
He shared
that the average harvest had been between 82 000 to 85 000 metric tonnes. He
also mentioned that the country did not do well in beans production due to the
heavy rains experienced during the bean farming season.
National
Maize Corporation (NMC) Chief Executive Officer Mavela Vilane, said it was high
time Eswatini repurposed herself in terms of priorities. Vilane said as the
globe faced climate change, the country no longer needed to depend on rain for
crop production.
He said
maize production could be incorporated into irrigation projects as a substitute
for rain.
“The
country needs to do something to improve maize production before it depends on
importing it. It is costly to import a staple food because prices are
determined by the demand of the product,” he said.
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