Swaziland Newsletter No. 857 – 13
December 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.
Human
rights triumph in eSwatini top court ruling
Legalbrief
Africa, 9 December 2024
In an extraordinary
judgment, the highest court in eSwatini has
come out in support of human rights and against the kingdom’s police chief.
This is almost unheard of, particularly in the way that it outlines
constitutional principles that must rule in democratic countries, writes Carmel
Rickard on the Legalbrief site. The judgment, she writes, is one for
the record books: most unusual in a state whose human rights credentials
are constantly questioned. This is a judgment for the record books:
Eswatini’s highest court has come out in favour of human rights and against the
established order in that kingdom. All most unusual in a state whose human
rights credentials are constantly questioned. The case is an appeal by the
Royal Eswatini Police Service staff association (Reposa) against a decision of
the High Court in 2022. The High Court found in favour of Eswatini’s National
Commissioner of Police, the Commission of Correctional Services and the
Attorney-General. And the earlier court judgment is typical of what observers
might have expected. The Supreme Court decision, however, delivered with
commendable speed on 29 November, can only be described a milestone.
The dispute between the two sides has its origins in a circular, issued by the
Ministry of Public Service in 2014. At the time, writes Rickard on
the Legalbrief site, it was said that the circular was at least in
part intended to improve the lives and welfare of members of the Royal Eswatini
Police Service by increasing their salaries. But what happened in fact was
something different. It was to be implemented in two phases, the first would
affect senior officers and it was immediately put in place. Phase two,
affecting the more junior members, has never been implemented. As the Supreme
Court put it, ‘government reneged from its legal obligations as contained in
the circular, after awarding senior officers lofty salaries.’ Of course, this
led to ill feeling between the junior and senior officers, and, as the Supreme
Court wrote, by failing to live up to its promises and creating that ill-will,
the action of non-implementation ‘was itself a threat to national
security’. The junior officers were vulnerable, but their seniors were
insulated in every way. And when the junior staff wanted their share of
the money promised in the circular, the Commissioner of Police used his
disciplinary powers to challenge the way the juniors went about expressing
their complaints, namely presenting their grievances through a petition,
delivered after a completely peaceful march, to the Prime Minister, their line
officer. The Prime Minister’s office received their petition most cordially,
and agreed to deal with their problem.
One Billion Rising wants women to be
allowed to abort or willingly terminate pregnancy
By
Bongiwe Dlamini, Swaziland News, 10 December, 2024
One Billion Rising wants women to be allowed to abort, Coordinator Colani Hlatjwako says unsafe abortion a national crisis
MBABANE: “Unsafe abortion is a silent
epidemic claiming the lives of countless women and girls worldwide, including
in Eswatini, Colani Hlatjwako, the One Billion Rising Africa Coordinator told
this Swaziland News.
During the recent Interface dialogue at
Zikhotheni community held at Galile Sports ground last month, the issue of
unsafe abortion was discussed at length, young women face preventable deaths or
life-altering complications because they lack access to safe, legal, and
affordable reproductive healthcare.
Members of the community said “this harsh
reality forces many to seek dangerous alternatives, risking their health and
lives”.
The One Billion Rising Coordinator further
mentioned that, unsafe abortion in Eswatini “is rooted in poverty”, stigma, and
inadequate access to reproductive health services.
“Many young women, particularly in rural
areas like Zikhotheni Galile, lack access to affordable contraception and
reproductive health education. Faced with unplanned pregnancies and societal
pressure, they often turn to unsafe methods performed by unqualified
practitioners”, said the One Billion Rising Africa Coordinator.
In shocking breach of Constitution 52
politicians fail to declare assets, stand to lose jobs
By
Nonduduzo Kunene, Times of eSwatini, 11 December 2024
MBABANE: A total of 52 politicians have
not declared their assets and liabilities before the Commission of Human Rights
and Public Administration (CHRPA)/Integrity.
This was disclosed by the commission
yesterday during the commemoration of International Human Rights Day and 15
years of the commission’s existence in Eswatini. The shocking figures of
Members of Parliament (MPs), senators and Cabinet ministers, who have
contravened the supreme law of the country, were disclosed by Human Rights
Examiner, Nelisiwe Zwane. Zwane presented before the commemoration
delegates, who included the Minister for Justice and Constitutional Affairs,
Prince Simelane, United Nations (UN) organs, civil society organisations and
other government officials.
The officer stated that one of the
activities of the commission this year was to ensure that parliamentarians and
politicians honour their obligation and declare assets before the commission. According
to Section 241 of the Constitution of Eswatini, a person who holds public
office shall submit to the Commission of Human Rights and Public
Administration/Integrity a written declaration of all property, assets owned
by, or any benefit gained or liabilities, owed by the holder of that office
whether directly or indirectly. The first declaration should be done within six
months after the commencement of the integrity commission or before taking
office, as the case may be. The declaration is expected to be conducted after
two years in office as well as at the end of their term. This is a significant
constitutional provision that helps to increase transparency and trust in
leadership, preventing conflict of interest and the acquisition of illicit
assets or attainment of wealth through corrupt practices.
The commission, on October 10, was in
Parliament for the declaration of assets and liabilities exercise. After a poor
turnout, the declaration period was extended to November 10, 2024. Last week,
the commission was still in Parliament assisting senators who, needed help
during the exercise, but the turnout was still poor. The 12th Parliament
MPs were sworn in on October 6, 2023, in Parliament, and the Speaker and Deputy
Speaker were also elected on the day. Zwane stated that out of 59 elected
MPs and 10 appointees, only 28 declared their assets and liabilities. Out of 30
senators, of whom 10 are elected by the Electoral College and 20 appointed,
only 14 honoured their constitutional obligation.
This means that even the 20 senators
appointed by His Majesty the King, have contravened the supreme law.
To read more of this report, click
here
See also
Politicians not declaring assets
serious concern – CANGO
http://new.observer.org.sz/details.php?id=23187
High eSwatini suicide rate: Are
police investigations enough?
By
Joseph Zulu, Times of Eswatini Press Reader edition, 7 December 2024
MBABANE: Eswatini is facing a troubling
rise in reported suicides, leading to questions about the preparedness of
police officers to investigate these deaths effectively.
Since January, there have been 110
reported suicide cases, reflecting a 13.4 per cent increase compared to the
same period in 2023.
While the Royal Eswatini Police Service
(REPS) has expressed concern over these escalating numbers, some members of the
community and even police officers are questioning whether the detectives
responsible for determining the causes of death are adequately equipped to
establish whether these cases are genuine suicides or potential foul play.
In just 48 hours, a fortnight ago this
publication reported three suicides: Two men and one woman.
The two men were found dead near a
locality called Ndvwabaneni under Mhlangatane, while the woman was from a
neighbouring community known as Sihhoye.
According to the World Health Organisation
(WHO), suicide is the third leading cause of death among individuals aged 15 to
29 globally, with 73 per cent of these cases occurring in low and middle-income
countries like Eswatini.
The WHO emphasises that suicide prevention
requires a multi-sectoral approach, incorporating public health interventions,
mental health services and thorough forensic investigations to identify and
address underlying causes.
Discussing these concerns, an unnamed
police officer stated that typically, the police rely on a pathologist to
determine the actual cause of death when reported.
He noted that a medical doctor may not
immediately ascertain whether a gunshot wound to the head was self-inflicted or
a result of an attack.
“In developed countries, a collaborative
analysis of the scene by both police and medical experts usually helps reach a
conclusive determination of the actual cause of death,” said the officer.
The officer pointed out that the absence
of specialised investigative units to address suicides in Eswatini contrasts
sharply with advanced countries, where police departments often have dedicated
teams for suicide prevention and investigation.
He emphasised that suspected suicides
should undergo thorough investigations to rule out foul play but mentioned that
limited resources and training pose significant challenges.
Moreover, it was reported that the REPS
lacks a fully equipped laboratory for post-mortem forensics; body tissues or
samples are often sent to South Africa for medical analysis.
By
Musa Mdluli, Swaziland News, 11 December, 2024
MBABANE: Assassinated eSwatini highly
regarded human rights lawyer Thulani Maseko has been awarded by the United
States (US) for his role in advocating for human rights and constitutional
reforms in this tiny undemocratic Kingdom.
Maseko was awarded by US Secretary of
State Antony Blinken on Tuesday and the award was accepted by his wife Tanele
Maseko.
The assassinated human rights lawyer was a
member of eSwatini’s main and largest political party, the People’s United
Democratic Movement (PUDEMO).
In a public statement sent to this
Swaziland News, Brian Sangweni, the PUDEMO Spokesperson expressed gratitude to
the United States for honoring the late human rights lawyer.
“The People’s United Democratic Movement
(PUDEMO) expresses its heartfelt gratitude to the Secretary of State, Antony J.
Blinken, the Government of the United States of America, and the people of
America for honoring Comrade Thulani Maseko with the Secretary’s Human Rights
Defenders Award. The award was received on his behalf by his wife, Comrade
Tenele Maseko, herself a dedicated Human Rights Defender. The Secretary’s Human
Rights Defenders Award, given by the U.S. Department of State, honors individuals
or groups for their extraordinary commitment to promoting human rights in
difficult and dangerous conditions. The award amplifies their voices, provides
visibility as a protective measure, and acknowledges their impactful work.
Criteria include exceptional courage, leadership in justice and accountability,
and demonstrable community impact. It highlights defenders’ sacrifices,
inspires advocacy, and strengthens international solidarity, encouraging global
movements to continue pursuing justice, freedom, and the rule of law. This
recognition emphasizes the vital role of human rights defenders in creating
meaningful change worldwide”, reads the statement in part.
Eswatini is an absolute Monarchy, human
rights defenders are arrested, tortured and killed for demanding democracy
while political parties are banned from participating in elections.
See also
Human rights a
basis for peace, stability, says EU in Eswatini
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