Friday, 23 February 2024

Swaziland Newsletter No. 815 – 23 February 2024

 

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

By Mbongiseni Ndzimandze, Times of eSwatini, 21 February 2024

SOURCE 

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

SOURCE

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

https://www.news24.com/news24/africa/news/new-eswatini-prime-minister-threatens-media-clampdown-20240219

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

By Son of the Soil, Times of eSwatini, 19 February 2024

SOURCE 

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

SOURCE 

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’

http://www.times.co.sz/news/143984-%E2%80%98gawuzela%E2%80%99s-uk-status-an-advantage-to-govt%E2%80%99.html

 

King Mswati’s regime wants me dead: Exiled eSwatini editor Zweli Dlamini says Mpumalanga court case is a ruse

By Jonisayi Maromo, Independent On-line (South Africa), 18 February 2024

SOURCE

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

https://www.iol.co.za/news/south-africa/king-mswatis-regime-wants-me-dead-exiled-eswatini-editor-zweli-dlamini-says-mpumalanga-court-case-is-a-ruse-da69c009-4945-4b82-b0e2-866744c83af5


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