Swaziland Newsletter No. 815 – 23
February 2024
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.
We are tortured in prison – 17
terrorism suspects
Mbongiseni
Ndzimandze, Times of eSwatini, 21 February 2024
MBABANE: Seventeen accused persons, who were arrested for
having allegedly committed terrorist acts, claim they are being subjected to
callous treatment in prison.
They claim that at the
Correctional Services, facilities, they were subjected to torture and to other
inhumane and mortifying treatment for no apparent reason. Some are
complaining about the rationing of the food they get on a daily basis, the
daily menu and the quality of the food. The accused persons further
claimed that they were being refused medical attention after being purportedly
assaulted by warders. Another allegation is that those who were on special
diets sometimes slept on empty stomachs. This has resulted in their
Attorney, Professor Dlamini, writing to the commissioner general of His
Majesty’s Correctional Services (HMCS), where he made a litany of allegations.
All the complaints are from
those who are facing charges under the Suppression of Terrorism Act of 2018,
and they include among others, self-confessed commander of the Solidarity
Forces, Thabo Kunene, Musa Kunene, the man who was reportedly responsible for
recruiting people to be trained in South Africa to overthrow the government and
Ncamiso Mabuyakhulu, who is a member of the proscribed Swaziland Youth Congress
(SWAYOCO). In a three – page letter, the lawyer said his clients informed
him that, they were allegedly subjected to all sorts of inhumane and degrading
treatment at the Correctional Services facilities. Dlamini brought it to
the attention of the commissioner general that, when some of the accused
persons were brought to prison, they were told to provide a list of 20
relatives who would visit them four times a month.
It is alleged that per week,
only four visitors were allowed. According to Dlamini, due to the fact that the
list was compiled in haste, his client gave the prison authorities names of
people, who eventually did not come to check on them in prison. He alleged
that his clients had made numerous requests to the social welfare officers, to
have their list of visitors reviewed and/or changed but that proved an
impossible mission, as same was refused. These are allegations whose veracity
is still to be tested. “Some of the suspects are from time-to-time
subjected to torture and other inhumane and degrading treatment for no apparent
reason. This has resulted in some of the suspects approaching the courts to
expose the unjust treatment they suffered at the hands of your subordinates and
for the protection of their rights, especially their right to medical attention
after having been assaulted,” reads part of the correspondence directed to the
HMCS commissioner general.
He also alleged that some of
his clients informed him that, even though they were on medication, which they
were required to take in the evening, they were unable to do so. Dlamini
mentioned that some of the accused persons were on special diets due to different
ailments they development while in prison and they requested prison medical
staff to allow them to have food in the evening, but such request was allegedly
turned down. It is alleged that as a result, the affected accused persons ended
up not taking their medication in the evening. “All the suspects sleep on
small mats or tattered blankets and as winter approaches, they will be exposed
to cold and that will compromise their state of health,” alleged the
attorney. Dlamini further claimed that his clients further brought it to
his attention that they allegedly did not get the necessary medication they
required for their ailments.
The attorney asserted that his
clients informed him that, instead of being provided with the medication, they
were prescribed medications they would have to buy on their own. He
pointed out that his clients could not afford to buy the medication prescribed
by the doctors in prison and could not supplement their food rations. It
was their lawyer’s contention that even if his clients were taken to the public
hospitals, like all members of the public, they would more often than not, be
given prescriptions to secure medications from private pharmacies, yet they did
not have money. He highlighted that it was common knowledge that
government allegedly did not have enough medication in all public health
centres in the country.
New eSwatini prime
minister threatens media clampdown
By Anton Harber, News 24 (South
Africa), 19 February 2024
Eswatini’s
new Prime Minister Russell Dlamini has begun his term of office with a threat
to regulate the media.
In a
meeting with members of the Eswatini Editors Forum (EEF) at the Cabinet offices
on 14 February, Dlamini said he would enact the long-dormant Media Commission
Bill to create a government-controlled media regulation body.
He was
addressing editors for the first time since he was appointed by King Mswati III
in 2023.
Editors
left the meeting surprised by the prime minister’s hard-line and fearful of
their future in a country with limited media freedom.
Though
the meeting was behind closed doors, the Campaign for Free Expression reliably
gathered that Dlamini was highly critical of news content, especially in
independent newspapers. One person who was present at the gathering said the
prime minister cited the media’s failure to set up a self-regulatory
mechanism.
A few
years ago the EEF set up the Media Complaints Commission (MCC), a
self-regulation body that is yet to be operational.
Said
[one] inside source: ‘He [Dlamini] frowned at the Media Complaints Commission,
which is a self-regulatory mechanism that is still not operational. He then
said if editors were failing to operationalise it, the government would have to
revisit the Media Commission Bill.’
Dlamini
is also said to have registered concern over poor salaries and working
conditions in some publications that are making high profits.
Some
members of the EEF are said to have been displeased with his tone and asked to
be given time and resources to make the MCC function.
Editors
pointed out that the government was as much to blame for the MCC’s inaction
because broadcast media, which is controlled by the government, had not shown
any interest in it.
Asked to
engage further on this issue, Dlamini is said to have “toned down”.
The prime
minister’s concerns came after similar submissions by former president of the
Swaziland National Association of Journalists and now MP Welcome Dlamini, who
said in Parliament that the Media Commission Bill should be revived if the
media fails to regulate itself.
To read more of this report, click here
Harber writes as executive director of the Campaign for
Free Expression, which works to expand and protect free expression
across southern Africa.
Constitution not worth paper it’s
written on
Son
of the Soil, Times of eSwatini, 19 February 2024
Over 15 years ago, as country, we embarked on a process of
expressing our aspirations and defining of our political architecture through
the Constitution making process.
Millions of Emalangeni went
into this exercise to put in place commissions which steered this exercise,
getting expertise from around the world to add value to the process as well as
an attempt at consultations to get all emaSwati to make contributions. The
mass democratic and labour movement today is happy to take credit for this
process as they view it as one that happened as a result of their incessant
demands, particularly as it formed part of the then Swaziland Federation of
Trade Unions’ (SFTU) famous 27 Demands. Of course, there were many complaints
with the manner in which the process was carried out.
The progressive movement saw
it as a primarily royal project that would not serve the interests of the
nation and some individuals, such as the late Mario Masuku, of the People’s
United Democratic Movement (PUDEMO), turned down appointments to the Constitutional
Review Commission (CRC) because they felt strongly that they should be in those
positions, not as individuals, but as representatives of a collective. The same
argument was raised by some who elected to boycott the exercise and would not
contribute during the consultation stage, citing that the process would be
enriched if there was space for people to make contributions as representatives
of various sectors of society because getting views of all emaSwati would be
impossible.
Those complaints were never
entertained and more millions were spent attempting to reach every corner of
the country for people to make their contributions. I can already imagine that
this process left out thousands of the working class who could obviously not
participate and this meant views of many of the educated emaSwati could not
have pride of place in the final document. Towards the end of the process, more
taxpayers’ funds were expended transporting in trucks and feeding those who
could spare the time to go to Sibaya where more views were collected.
I remember very well while I
was in high school listening over the radio as people made their contributions.
I also remember how Prince David, then Chairperson of the Constitutional Draft
Committee (CDC) was at pains trying to guide the contributions as people seemed
at sea at what the process was about. Scores and scores of people kept talking
of their struggles back home and what they wanted government to do to alleviate
poverty. Others even used the process to ask for jobs. It was patently clear
that thousands had not quite gotten the memo on the business of the day. The
process came and went, the Parliament of the day had its chance to debate the
document and sometimes ‘special messages’ from the throne were delivered to
influence the process, and eventually a Constitution was presented at Sibaya.
The Commonwealth, which had
provided technical assistance, hailed it as one of the best constitutions in
the continent. Some traditionalists were of the view that it did not represent
the views of emaSwati, citing what they said was under-cutting King’s powers.
By the same token, the progressive movement was of the view that the document
only served to entrench and fortify the 1973 Decree dispensation, with no
fundamental shifts politically. Fast forward to 2024, the Constitution, with
all its frailties, real or imagined, remains the supreme law of the land with
all force of law.
As a document that is an
expression of national aspirations, all arguments conveniently ignored, it has
to be respected and complied with. While no law, properly legislated and
assented to, should be breached without consequences, breaching of the Constitution
should carry even stiffer punishment. Regrettably, we seem to have little
regard for the Constitution in this country. Our human rights record has always
been on the spotlight for all the wrong reasons and our behaviour as a country
suggests that putting in place this document was only but a political gimmick
and just box-ticking.
If almost 20 years in this
constitutional dispensation we pick and choose what to comply with and what we
flout with impunity, it speaks volumes about how (not) seriously we take
ourselves as a nation and this document that is losing its worth every day. The
Constitution itself enjoins us all, without distinction, to uphold and protect
it. Our leaders should lead us in this regard. Apologies and merely conceding
that we are at variance with the spirit and letter of the law, while at best
admirable in so far as it reflects that we know what the truth is, is not
enough to inspire confidence in the sanctity of the law and respect of the will
of the people. Let’s not erode trust in the one thing that we all should take
refuge in.
Exiled Swazi opposition
leader granted UK asylum amidst political turmoil
By Ayesha Mumtaz, BNN Breaking
News, 20 February 2024
In a move
that has rippled across the political landscape of Eswatini and beyond, former
Siphofaneni Member of Parliament, Mduduzi ‘Gawuzela’ Simelane, has been granted
asylum in the United Kingdom, igniting a flame of hope among many Emaswati. The
announcement, coming from the Swaziland Liberation Movement (SWALIMO), marks a
significant chapter in the ongoing narrative of political dissent and asylum
within the African continent.
The UK’s
decision to grant asylum to Simelane has been met with widespread acclaim,
especially from those opposing the current regime in Eswatini. Simelane, a
vocal critic of the government, found himself in the crosshairs of the state,
leading to his flight in July 2021. His departure was precipitated by an arrest
warrant under the Suppression of Terrorism Act of 2008, a law widely criticized
for its use in quelling political dissent. The British government’s
acknowledgment of Simelane’s plight underscores the international community’s
growing concern over the human rights situation in Eswatini.
While
Simelane’s asylum marks a personal victory and a beacon of hope for many, it
introduces a complex layer of international legal maneuvering. Government
spokesperson Alpheous Nxumalo’s comments shed light on the nuanced dance
between seeking justice and navigating the intricate web of international
asylum laws. Nxumalo’s remarks that the asylum status does not alter Simelane's
position as a fugitive but rather exposes his location for potential
extradition, highlight the ongoing tension between Eswatini and the UK.
However, the absence of a formal extradition treaty between the two countries
adds a layer of uncertainty to the government's pursuit of Simelane.
Since his
flight, Simelane has not remained silent. Instead, he has used his newfound
platform to draw international attention to what he describes as egregious
human rights abuses within Eswatini. This international advocacy has placed
additional pressure on the Eswatini government, which finds itself under the
scrutiny of the global community. Meanwhile, legal practitioners and government
officials within Eswatini have maintained a notable silence on the matter,
particularly concerning the intricacies of extradition treaties and procedures.
This silence could be indicative of the complex legal and diplomatic
considerations at play or perhaps a strategic pause as the situation unfolds.
In
conclusion, Mduduzi ‘Gawuzela’ Simelane's grant of asylum in the United Kingdom
is a testament to the enduring spirit of those who seek justice and
accountability, even in the face of formidable opposition. It represents not
only a personal victory for Simelane but also a glimmer of hope for many in
Eswatini who yearn for political reform. As the international community watches
closely, the implications of Simelane's asylum status may have far-reaching
consequences for Eswatini's political landscape and its relationship with the
global community.
See also
‘Gawuzela’s UK status an advantage to
Govt’
By Jonisayi Maromo, Independent On-line (South Africa), 18 February 2024
Veteran eSwatini investigative journalist,
Zweli Martin Dlamini insists the eSwatini government’s court application to
extradite him to face a myriad of charges is a ruse to kidnap and send him back
to Mbabane.
“The
eSwatini regime is fighting me merely for being the voice of the voiceless and
demanding transparency and accountability in the public administration,”
Dlamini said speaking to IOL.
The eSwatini government has launched a
high court bid in Mpumalanga, to have the South African government extradite
the editor of Swaziland News, which the regime led by King Mswati III insists
has to answer a plethora of serious charges including terrorism.
In an interview with IOL, an unfazed
Dlamini said for a very long time, he has had to fend off multi-pronged efforts
by the eSwatini government to shut down his independent publication, in a
country where media is heavily controlled by the State.
“The Mpumalanga High Court case is just
another strategy to try and fight the publication and apart from that, the
regime was hoping that, I will be dragged to court and then after attending
court proceedings, I will be traced and assassinated or abducted. The regime is
so desperate,” said Dlamini.
“The issue here is that the King’s regime
has been striving by capturing the media to mislead emaSwati and the world,
that the current ruling Tinkhundla system is the best, I must say that, the
King’s government is one of the most cruel and oppressive in the world.”
The editor said his publication, the
Swaziland News, is registered in South Africa “where there is democracy and the
rule of law”.
“We will ensure that the media, as an
institution that acts as the voice of the voiceless is protected from this
oppressive regime,” he said.
“This is regime wants to spread propaganda
and mislead the world without being exposed in a country were innocent
civilians and human rights defenders are killed for demanding democracy,” said
Dlamini.
“In the first attempt, they tried to push
for an extradition by following the legal procedures in South Africa and after
realising that those efforts were not successful, they are now working with
certain senior police officers in South Africa to try and abduct and traffic me
to eSwatini.”
To read more of this report, click
here
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