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Showing posts with label Dlamini Maxwell. Show all posts
Showing posts with label Dlamini Maxwell. Show all posts

Friday, 13 October 2023

Swaziland Newsletter No. 798 – 13 October 2023

 

Swaziland Newsletter No. 798 – 13 October 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.

 

‘People want change but fear the guns’: Fighting for democracy in eSwatini

By Sumayya Ismail, Al Zazerra, 9 October 2023

SOURCE 

The first time Maxwell Dlamini was arrested, he was 21 years old.

It was April 2011, and the marketing student was at a demonstration in Mbabane, the capital of Eswatini, formerly known as Swaziland and considered by many to be the last absolute monarchy in Africa.

Dlamini was out campaigning for democratic reforms, but the state saw it another way. They argued he was trying to overthrow the government, classified him as a dangerous political prisoner, and held him in a maximum security prison where he faced months of harassment, solitary confinement, and torture.

“I was kept in isolation for the longest time, not interacting with any other inmates,” Dlamini told Al Jazeera. “I was denied the right to write my exams, so I ended up not finishing and was expelled from university … At some stage, while I was in prison, I also had a stroke.”

Just shy of a year behind bars, an international human rights campaign helped secure bail and his release. But his freedom was short-lived. From 2012 to 2014, he was arrested twice more – once for criticising the king’s lavish birthday party while Swazis live in poverty and once for attending a May Day workers’ rally.

For his actions, he was charged with sedition and “terrorism”, and more than a decade later, his court case is still pending. At the same time, the People’s United Democratic Movement (PUDEMO), which he is deputy secretary general of, remains a banned organisation in a country where political parties are illegal.

Meanwhile, Dlamini is receiving psychosocial support after his ordeal. “I have episodes and flashbacks,” he said. “I still feel like I’m in a box, so I have to sleep with the lights on.”

Eswatini, the small Southern African kingdom of 1.2 million people, has been governed by King Mswati III for 37 years after he took over from his father, who had ruled since the country gained independence from Britain in 1968.

Tensions have been high there in recent years, especially since a crackdown on mass pro-democracy protests in 2021 killed dozens of people, and calls for greater transparency and real democratic reform have grown.

King Mswati III of Eswatini, left, with Zimbabwean President Emmerson Mnangagwa in Harare, Zimbabwe [File: Philimon Bulawayo/Reuters]

Eswatini considers itself a constitutional monarchy. “We are a kingdom that subscribes to constitutionalism, to the rule of law, to democracy and to all international norms of human rights and good governance,” government spokesperson Alpheous Nxumalo told Al Jazeera.

Bottom of Form

But rights activists and pro-democracy groups said that in practice, it’s an absolute monarchy where the king reigns over all else.

According to the 2022 Freedom in the World report, which tracks global trends in political rights and civil liberties, “The king exercises ultimate authority over all branches of the national government and effectively controls local governance through his influence over traditional chiefs. Political dissent and civic and labor activism are subject to harsh punishment under sedition and other laws.”

In late September, the country held elections to elect 59 members of parliament. Because the Eswatini constitution bans political parties, only individuals can stand for election.

To read more of this report, click here

https://www.aljazeera.com/features/2023/10/9/people-want-change-but-fear-the-guns-fighting-for-democracy-in-eswatini

 

King, Queen Mother gets salary increase to share E431 million

By Eugene Dube, Swati Newsweek, 9 October, 2023

SOURCE 

LOBAMBA: The budget for Eswatini Royal family is over E991 million for 2023 financial year and King Mswati III and his mother Ntombi Tfwala have received a wage increase.

Eswatini’s new investigative media outlet, Inhlase Centre for investigative Journalism exposed the huge financial issue.

According to a news report from Inhlase Centre for investigative Journalism, the royal budget includes an allocation for wages for the king, Indlovukazi, the rest of the royal household and payments to any other person as the king may decide.

This year, Rijkenberg’s budget has made a generous allocation for royal provisions. He has set aside a budget allocation of E431 million for the Royal Emoluments and Civil List.

This allocation represents an increase of E20 million from E411 million in the 2021/22 and 2022/23 financial year.

Rijkenberg’s overall budget of E1.038 billion, recurrent and capital, for King Mswati and the royal household represents about 3.8% of the total national budget of E26 billion.

Last year 2022 financial year the Royal family recieved E1, billion for its upkeep. E411 was set aside for the King and Queenmother's salaries.

Information about the King’s salary is always ignored by the Swazi mainstream media.

Inhlase Centre for Invesigative Journalism noted that, "as ordinary emaSwati battle the realities of high inflation, mounting national debt and unemployment, government says things are looking up and has given the king and the royal household a bigger chunk of the budget, three times bigger than the country’s financially strapped national university will get."

Government has made as subvention a budget provision of E446 million for the University of Eswatini which was closed for almost two months because of a strike by staff including lecturers over salaries.

This is a drop in the ocean for the kingdom’s national university which is laden with a wage bill of over E40 million a month. The subvention is not even half of what it had requested; E1billion for a smooth running of its operations.

 

Swaziland Election Round-Up

 

eSwatini conducts a competent caricature of democracy

The elections were quite well run, say the African Union and SADC. But to what end?

By Peter Fabricius, ISS (Institute for Security Studies) Today, 6 October 2023

SOURCE    

Eswatini – or Swaziland as some of its citizens still call it – held last Friday what should be called a reasonably competent charade of a legislative election.

The polls were essentially meaningless as Parliament has no power in this absolute monarchy. That was demonstrated two years ago when the state arrested two Members of Parliament (MPs) merely for suggesting the prime minister be elected by Parliament and not appointed by King Mswati III. The two MPs are serving jail sentences while a third is in exile, having fled the country one jump ahead of the police.

But as charades go, it went quite well, according to both the African Union and the Southern African Development Community (SADC), the two organisations that deployed the main official election observer missions. Their preliminary reports make for interesting, if rather surreal reading. Both commended Swazis for turning out in large numbers and voting in a peaceful and orderly fashion.

They also praised Eswatini’s Elections and Boundaries Commission (EBC) for running the process quite competently. Most polling stations opened on time, voting procedures were largely followed, etc. The SADC Electoral Observer Mission (SEOM) also commended the electoral commission for its successful voter registration drive, which registered 584 710 voters, equating to a ‘remarkable 91.2%’ of the 641 121 eligible voters identified in the 2018 National Census.

The SEOM also noted that ‘in an effort to be more inclusive,’ the electoral commission targeted marginalised groups in its voter education. This was to ‘encourage meaningful participation and representation’ to achieve greater ‘democratic consolidation’ in line with SADC’s Principles and Guidelines for elections.

The elections were essentially meaningless as Parliament has no power in this absolute monarchy

As Piers Pigou, Head of the Southern Africa Programme at the Institute for Security Studies (ISS), points out, these complimentary observations that suggest complete normality were rather bizarre. Especially as they were so at odds with other remarks in the SEOM report – not to mention with reality.

These other remarks point out that Eswatini’s government hasn’t implemented the SEOM’s main recommendation after the 2018 elections that it should conduct a ‘peaceful and tolerant’ dialogue about the country’s political system focusing on ‘the recognition of the role of political parties.’

For despite the constitution’s recognition of the rights of assembly and expression, political parties remain banned from participating in elections. So once again, on 29 September, candidates for Parliament stood as individuals in the country’s traditional tinkhundla system, which gives enormous powers to chiefs, who in turn are answerable to the king.

The 2023 SEOM also said that after Eswatini’s violent June 2021 pro-democracy protests and riots, in which scores were killed and much infrastructure destroyed, SADC noted that ‘the issues behind the disturbances were political, structural or systemic in nature, with the tinkhundla system at the centre.’ The SEOM reiterated its 2018 calls and SADC’s appeal for Eswatini to embark on a national dialogue to replace its current political system.

Eswatini hasn’t implemented SADC’s main recommendation after the 2018 elections

Pigou said the ‘dissonance between the two elements of the SEOM report is remarkable. It raises the question of why SADC decided to participate at all in a process that was so compromised.’ Pigou said he understood that the SADC Electoral Advisory Council had in fact recommended against sending an observer mission to Eswatini, but had been overruled by SADC’s Council of Ministers.

Probably for this reason too, the Commonwealth Secretariat, despite being involved in past efforts to resolve the country’s conflict, did not send an official observer mission. It did however deploy some election experts to report back to London on developments.

To read more of this report, click here

https://issafrica.org/iss-today/eswatini-conducts-a-competent-caricature-of-democracy

 

Parties urged members to stand in ‘farce’ Swazi elections

By Sizwe Sama Yende, City Press (South Africa), 8 October 2023

SOURCE 

Some political parties in Eswatini have allowed their members to individually campaign and stand for positions in a strategy to canvass for democratic reforms.

The landlocked country and Africa’s only absolute monarchy held its secondary elections, described by the African Union (AU) as peaceful, on September 29.

Sive Siyinqaba and Swaziland Liberation Movement (Swalimo), a party formed by former Member of Parliament, Mduduzi “Magawugawu” Simelane, had agreed to allow their members to participate in the elections to occupy positions as Members of Parliament, Indvuna Yenkhundla (Constituency Headsman) and 336 Bucopho (Community Headsman).

Sive Siyinqaba has claimed that 70% of its members won seats. However, the oldest and biggest political party in the kingdom, the People’s United Democratic Movement (Pudemo), labelled the elections a “farce” and did not encourage its members to participate.

Political parties were banned by the late King Sobhuza in 1973 and cannot contest elections. The country adopted a Tinkhundla system, which allows individuals to stand and be voted in positions but not under the banner of political parties. However, the AU’s observer mission has made a recommendation to the government to review its legal framework to embrace the participation of political parties in elections.

The elections were conducted against the backdrop of pro-democracy protests in July 2021, which have since shone the spotlight on the monarch, King Mswati III, to sit around the table with all organisations to chart a way forward for the country – towards a democratic system.

The Southern African Development Community proposed a dialogue, but King Mswati III prefers his isibaya (byre) meeting which happens occasionally and where issues are supposed to be raised.

The violent protests erupted after three members of parliament - Bacede Mabuza, Mthandeni Dube and Simelane – publicly advocated for democratic reforms and protested the king’s appointment of then-acting prime minister, Themba Masuku, whom they said should have been elected by voters.

Mabuza and Dube have since been found guilty of terrorism, sedition and murder. Simelane went into exile and formed Swalimo.

King Mswati reacted with brutality. His police and soldiers conducted a reign of terror and torture that led to the maiming and killing of more than 1 000 civilians.

Among the casualties were human rights lawyer, Thulani Maseko, who was assassinated at his home in January.

Mswati has since allegedly hired apartheid-era mercenaries to silence dissent in the country.

Swalimo spokesperson, Thantaza Silolo, said that the organisation did not participate in the elections but urged all citizens to register to vote with the purpose of electing a certain kind of MP – who would emulate the trio who sparked the protests.

“Those MPs provoked the hope of the nation to see that their representatives can actually bring the positives inside the legislature as far as the call for reforms is concerned.”

“Indeed, the system is a farce,” he added, “but with representatives who are pro-change, you are able to make inroads. Swalimo, being a mass-based movement, had many of its members and supporters participating indeed and many made it, which resulted in most of the pro-regime contestants – who are from the old Parliament – being booted out of the race early in the primaries and some in the secondary elections.

“I can mention that we do not have large numbers, of course, but we are happy with the inroads.”

Pudemo president, Mlungisi Makhanya, said that his organisation respected other parties’ decision to allow their members to participate in the elections.

“The majority of organisations in the Mass Democratic Movement resolved not to associate themselves with the farce called Tinkhundla elections,” Makhanya said.

He added: “Pudemo members in their overwhelming majority didn’t partake in the Tinkhundla elections. However, there were a few delinquents who went against the resolution of the organisation and stood for elections. It was few and isolated cases.”

Eswatini government spokesperson Alpheous Nxumalo said that the government was “quite comfortable” with the recommendations by the AU and various observatory missions.

“The Elections and Boundaries Commission in collaboration with the ministry of justice and constitutional affairs shall work on the recommendations and do whatever that is necessary within the provisions of the Kingdom’s national Constitution,” he said.

Strangely, he said that political parties were not banned in the country. “They operate and meet freely, and their respective members have contested the recently concluded elections.” King Mswati III has announced the 10 MPs as he has the power to handpick. Among them is his son, Prince Lindani.

 

Calls for an elected Prime Minister (PM) without unbanning of political parties a mockery of democracy, elected Speaker serves King Mswati

Opinion, by Zweli Martin Dlamini, Swaziland News, 11 October, 2023

SOURCE 

Even if King Mswati agreed to allow emaSwati to elect their own Prime Minister (PM), the calls for democracy wouldn’t be over until political parties are allowed to freely participate or contest elections.

The calls for an elected Prime Minister that commenced in Parliament was in fact, a mockery of democracy that was, however, worth compromising to allow the citizens oppressed for over fifty (50) years to gradually understand and transform into a new democratic dispensation.

In this country, the Speaker is not appointed by the King but elected by the House of Assembly and this, I would suggest, is just a drop of democracy in an ocean of dictatorship.

As a result, that drop of democracy cannot breath in a political system established and grounded on dictatorship values, where King Mswati’s word automatically becomes the law.

It should be noted that, most elected MPs who previously held this position were elected by the people but, what they did once they arrived in Parliament is public knowledge, they submitted to the authority of the King.

Therefore, electing a Prime Minister under the Tinkhundla system would be reforming this cruel and oppressive system because that Head of Government, will not serve the interest of the masses but the King and the stomachs of those who claim they can democratize Tinkhundla.

The Tinkhundla system of governance will never be democratic but, like a chameleon, it has been changing ‘colours’ over years to appear as democratic in the eyes of the people and the international community.

It is therefore important to state that, democracy is not about individuals or electing a Prime Minister but the establishment of democratic institutions that enhance accountability of public power.

Former Speaker Petros Mavimbela was elected by the people of Mhlambanyatsi but when he arrived in Parliament, he protected the interests of King Mswati, an absolute Monarch by blocking critical motions of vital public interest.

The calls for democracy should not be compromised by short-term political interests, the process of democratizing this country include unbanning of political parties, establishing of an independent judiciary and capacitating the civil society and the media among others, to be more vibrant and hold those in power accountable.

Furthermore, the process include the establishment of a democratic Parliament and a democratic and independent Legislature can only be a product of democratic elections.

The Executive Arm of Government should also be a product of democratic elections that reflects the will of the people.

 

 

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Friday, 31 May 2019

Doubts over evidence as Swaziland democracy activist Musa Ngubeni jailed seven years

Musa Ngubeni, the democracy activist in Swaziland / eSwatini, has been jailed for seven years with four of them suspended for possession of explosives.

His case took eight years to conclude and the conviction has been criticised for lack of evidence. 

Ngubeni was an activist with the banned Swaziland Youth Congress (SWAYOCO) and the People’s United Democratic Movement (PUDEMO). In Swaziland political parties cannot contest elections and groups campaigning for democracy are banned under the Suppression of Terrorism Act.

Ngubeni was found guilty and sentenced by Piggs Peak Magistrate Joe Gumedze. Swaziland which is ruled by King Mswati III as sub-Saharan Africa’s last absolute monarch does not have jury trials.

Ngubeni was arrested together with student leader Maxwell Dlamini in 2011 and charged with contravening the Explosives Act. They were both arrested during protests against the government which is not elected but handpicked by King Mswati.

According to Ngubeni and Dlamini they were subjected to torture during their interrogation. They were both released on bail in 2012 under strict conditions, including having to report to the police four times a week. Their trial resumed in 2014, where Dlamini was acquitted.
 
Peter Kenworthy of Kenworthy News Media who has followed the case since 2011 reported Ngubeni and Dlamini both insisted that the charges against them were fabricated and political, and that the state had stalled their case for three years due to lack of evidence.

A mysterious brown shoe box, that was allegedly found near Ngubeni’s home in Mbikwakhe when he was arrested in 2011 and was supposed to have contained explosives, detonators and wires, was never produced in court.

Initially a witness for the prosecution had claimed that the box was too dangerous to bring to court. Later the box was claimed to have exploded after a South African bomb expert had tried to assemble it.

Kenworthy reported the trial has been described as a farce by Swaziland’s democratic movement. Amongst other things because testimonies of the prosecution witnesses were untruthful and contradicted each other, because the pair were interrogated by what appeared to be hired South African Police investigators without the presence of Ngubeni’s and Dlamini’s lawyers, and because Ngubeni and Dlamini appeared in court on occasion without legal representation.

Following Ngubeni’s conviction, SWAYOCO said in a statement the Mswati government tried to deliberately delay and prolong the case to procure ample time to manufacture false evidence for his conviction.

The Communist Party of Swaziland said in a statement, ‘If there is any individual who still doubts that Swaziland’s judiciary remains one of Mswati’s tools through which he suppresses the people of Swaziland, then Ngubeni’s case should be the ultimate illustration point.’

See also

Profile of Musa Ngubeni
Court case against activists a ‘farce’

Thursday, 16 May 2019

Former Swaziland student leader and rights activist Musa Ngubeni jailed after protest against govt

Kenworthy News Media
Former student leader and human rights activist Musa Ngubeni was convicted of contravening Swaziland’s Explosives Act of 1961 by magistrate Joe Gumedze on Tuesday (14 May 2019).

He was whisked away to prison after the conviction and is expected to appear in court on 21 May for sentencing, writes Kenworthy News Media.

Musa Ngubeni was arrested together with student leader Maxwell Dlamini in 2011 and charged with contravening the Explosives Act. They were both arrested during protests against absolute monarch King Mswati III’s government.

According to Ngubeni and Maxwell Dlamini they were subjected to torture during their interrogation. 

‘I was tied to a bench with my face looking upwards and they suffocated me with the black plastic bag with a huge police officer on my stomach. They [Swazi police] asked me where the guns were and who was going to come to Swaziland to overthrow the king. They did that over and over again till I collapsed. They told me that they will kill me for causing trouble in the country,’ Dlamini said at the time.

Amnesty International mentioned Musa Ngubeni and Maxwell Dlamini in their 2012 and 2013 reports.  Amongst other things, Amnesty said that they were held incommunicado without access to a lawyer or contact with their families, that they were denied legal access while in police custody and during their hearing at the magistrate’s Court, and that they were subsequently released in remand custody and placed under oppressive bail conditions.

They were both released on bail in 2012 under strict bail conditions, including having to report to the police four times a week. Their trial resumed in 2014, where Dlamini was acquitted.

Ngubeni and Dlamini both insisted that the charges against them were fabricated and political, and that the state had stalled their case for three years due to lack of evidence.

A mysterious brown shoe box, that was allegedly found near Ngubeni’s home in Mbikwakhe when he was arrested in 2011 and was supposed to have contained explosives, detonators and wires, was never produced in court.

Initially a witness for the prosecution had claimed that the box was too dangerous to bring to court. Later the box was claimed to have exploded after a South African bomb expert had tried to assemble it.

The trial has been described as a farce by Swaziland’s democratic movement. Amongst other things because testimonies of the prosecution witnesses were untruthful and contradicted each other, because the pair were interrogated by what appeared to be hired South African Police investigators without the presence of Ngubeni’s and Dlamini’s lawyers, and because Ngubeni and Dlamini appeared in court on occasion without legal representation.

‘Ngubeni’s conviction comes at a time where the Swazi monarchy is tightening its grip on power, as political parties remain banned since 1973. Political dissidents are either jailed, tortured or exiled,’ says former President of youth organization SWAYOCO, Bheki Dlamini.

Freedom House rates Swaziland as one of the least free countries in the world, on par with the Democratic Republic of Congo and the United Arab Emirates.

‘Safeguards against arbitrary arrest and detention, such as time limits on detention without charge, are not always respected in practice. Lengthy pretrial detention is common,’ the organization wrote in their latest report on Swaziland.

Musa Ngubeni was chairperson of the student representative council at the University of Swaziland in 2008/09. He graduated with a bachelor of laws in 2010, after which he worked for the Foundation for Socio-Economic Justice.

He was presently finishing his Master’s degree in Law at the University of South Africa.

See also

Profile of Musa Ngubeni
‘Lack of evidence in bomb case’
'Police will kill terror suspect'
Court case against activists a ‘farce’

Friday, 9 March 2018

TERROR ACT APPEAL BACK TO COURT

Swaziland’s Supreme Court has reinstated an appeal from the government against a High Court ruling that parts of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act are unconstitutional.

It had been tabled for October 2017 but the government’s representatives did not attend. 

The Swazi Observer reported on Wednesday (7 March 2018) that Supreme Court Judge Phesheya Dlamini ruled there had been an error at the time and he reinstated the case at a date yet to be set.

Both Acts have been used by successive governments of King Mswati III who rules Swaziland as sub-Saharan Africa’s last absolute monarch to stop advocates for democratic reform. Political parties are banned from taking part in elections and the King chooses the Prime Minister, the Cabinet and all senior judges.

In September 2016, Swaziland’s High Court ruled that sections of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act were unconstitutional.

Judges ruled that the Acts contravened provisions in the Constitution on freedom of expression and freedom of association.

The ruling was delivered after years of campaigning to have the Acts overthrown.

Thulani Maseko, a human rights lawyer; Maxwell Dlamini, Swaziland Youth Congress secretary-general; Mario Masuku, president of the People’s United Democratic Movement (PUDEMO) and Mlungisi Makhanya, PUDEMO secretary-general, brought four actions against the Swazi state.

Responding at the Swazi High Court were the Prime Minister, the Minister of Justice and Constitutional Affairs, the Director of Public Prosecutions and the Attorney General.

Justice Mbutfo Mamba and Justice Jacobus Annandale ruled that various sections of the Acts were inconsistent with the Constitution. They said S14(1)(b) of the Constitution, ‘guarantees and declares freedoms of conscience, expression and peaceful assembly and association as fundamental human rights’.

The applicants had been charged with offences under the Suppression of Terrorism Act because they are members of PUDEMO which is a banned pro-democracy organisation in Swaziland. The judges’ ruling stated, ‘They were found wearing T-shirts and berets of such organization and also chanting its slogans.’

The judges also stated that the Act did not describe what a terrorist was. ‘Generally speaking, most of the offences criminalized as terrorist acts in the Act are covered by ordinary criminal law,’ they stated.

The judges stated the fact that the applicants had been charged for their involvement with PUDEMO, ‘is plainly a matter that affects or impacts on their right to freedom of association and opinion.

‘For whatever reason, their views on the policies, aims, ideals and objectives of PUDEMO have drawn them to it. The wearing of any apparel of paraphernalia associated with PUDEMO, may or may not, depending upon the particular circumstances of the case, be said to be a crime under the Act.

‘The bottom-line in these proceedings, however, is that their association, involvement with this organization or entity has resulted in them being charged under the Act. In a word, they have been told, PUDEMO is a specified [banned] entity, and your belonging to it or chanting its slogans and wearing its apparels is a crime in terms of the Act.

‘Clearly, their rights to freedom of association and opinion are adversely affected by this.’

The judges also stated that the law or regulations that declared PUDEMO a banned entity interfered with the constitutional right to freedom of association, but such rights were not absolute and they may be subject to certain restrictions or limitations.

The judges stated that the applicants who were members of the banned PUDEMO were, ‘declared, in effect, terrorists or at least persons engaged or involved in terrorist acts or criminals before they are given the opportunity to be heard on the issue. This cannot be right. It is against the rules of natural justice or procedural fairness or administrative justice that a person be condemned before he has been given the opportunity to be heard on the issue under consideration.’

A third High Court Justice Nkululeko Hlophe made a dissenting judgement.

See also

SCRAP SWAZI TERROR ACT – AMNESTY
NO AMNESTY IN ‘TERROR’ CASES
SWAZI TERROR ACT STOPS FREE SPEECH
‘OPPOSITION TO KING IS TERRORISM
http://swazimedia.blogspot.com/2016/01/opposition-to-king-is-terrorism.html

Tuesday, 27 September 2016

SWAZI TERROR DECISION TO BE APPEALED

Swaziland’s Attorney General Majahenkhaba Dlamini is to appeal the High Court ruling that sections of the Suppression of Terrorism Act and the Sedition and Subversive Act are unconstitutional. 

Now, the decision reached by High Court Justices Mbutfo Mamba and Jacobus Annandale on 16 September 2016 will not take effect unless the Supreme Court determines the matter.

The notice of appeal was filed by the office of the Attorney General on Friday (23 September 2016). No grounds for the appeal have been made public.

The High Court justices had ruled that the Acts contravened provisions in the Constitution on freedom of expression and freedom of association.

Thulani Maseko, a human rights lawyer; Maxwell Dlamini, Swaziland Youth Congress secretary-general; Mario Masuku, president of the People’s United Democratic Movement (PUDEMO) and Mlungisi Makhanya, PUDEMO secretary-general, brought four actions against the Swazi state.
Responding at the Swazi High Court were the Prime Minister, the Minister of Justice and Constitutional Affairs, the Director of Public Prosecutions and the Attorney General.

Justice Mbutfo Mamba and Justice Jacobus Annandale ruled that various sections of the Acts were inconsistent with the Constitution. They said S14(1)(b) of the Constitution, ‘guarantees and declares freedoms of conscience, expression and peaceful assembly and association as fundamental human rights’.

The applicants had been charged with offences under the Suppression of Terrorism Act because they are members of PUDEMO which is a banned organisation in Swaziland, where King Mswati III rules as sub-Saharan Africa’s last absolute monarch. The judges’ ruling stated, ‘They were found wearing T-shirts and berets of such organization and also chanting its slogans.’

The judges also stated that the Act did not describe what a terrorist was. ‘Generally speaking, most of the offences criminalized as terrorist acts in the Act are covered by ordinary criminal law,’ they stated.

The judges stated the fact that the applicants had been charged for their involvement with PUDEMO, ‘is plainly a matter that affects or impacts on their right to freedom of association and opinion.

‘For whatever reason, their views on the policies, aims, ideals and objectives of PUDEMO have drawn them to it. The wearing of any apparel of paraphernalia associated with PUDEMO, may or may not, depending upon the particular circumstances of the case, be said to be a crime under the Act.

‘The bottom-line in these proceedings, however, is that their association, involvement with this organization or entity has resulted in them being charged under the Act. In a word, they have been told, PUDEMO is a specified [banned] entity, and your belonging to it or chanting its slogans and wearing its apparels is a crime in terms of the Act.

‘Clearly, their rights to freedom of association and opinion are adversely affected by this.’

The judges also stated that the law or regulations that declared PUDEMO a banned entity interfered with the constitutional right to freedom of association, but such rights were not absolute and they may be subject to certain restrictions or limitations.

The judges stated that the applicants who were members of the banned PUDEMO were, ‘declared, in effect, terrorists or at least persons engaged or involved in terrorist acts or criminals before they are given the opportunity to be heard on the issue. This cannot be right. It is against the rules of natural justice or procedural fairness or administrative justice that a person be condemned before he has been given the opportunity to be heard on the issue under consideration.’

A third High Court Justice Nkululeko Hlophe made a dissenting judgement.

See also

NO AMNESTY IN ‘TERROR’ CASES
SWAZI TERROR ACT STOPS FREE SPEECH
http://swazimedia.blogspot.com/2015/11/swazi-terror-act-stops-free-speech.html

Friday, 16 September 2016

COURT: TERROR ACT UNCONSTITUTIONAL



Swaziland’s High Court has ruled that sections of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act are unconstitutional.

Judges ruled that the Acts contravened provisions in the Constitution on freedom of expression and freedom of association.

The ruling was delivered on Friday (16 September 2016) ending years of campaigning to have the Acts overthrown.

Thulani Maseko, a human rights lawyer; Maxwell Dlamini, Swaziland Youth Congress secretary-general; Mario Masuku, president of the People’s United Democratic Movement (PUDEMO) and Mlungisi Makhanya, PUDEMO secretary-general, brought four actions against the Swazi state. 

Responding at the Swazi High Court were the Prime Minister, the Minister of Justice and Constitutional Affairs, the Director of Public Prosecutions and the Attorney General.

Justice Mbutfo Mamba and Justice Jacobus Annandale ruled that various sections of the Acts were inconsistent with the Constitution. They said S14(1)(b) of the Constitution, ‘guarantees and declares freedoms of conscience, expression and peaceful assembly and association as fundamental human rights’.

The applicants had been charged with offences under the Suppression of Terrorism Act because they are members of PUDEMO which is a banned organisation in Swaziland, where King Mswati III rules as sub-Saharan Africa’s last absolute monarch. The judges’ ruling stated, ‘They were found wearing T-shirts and berets of such organization and also chanting its slogans.’

The judges also stated that the Act did not describe what a terrorist was. ‘Generally speaking, most of the offences criminalized as terrorist acts in the Act are covered by ordinary criminal law,’ they stated.

The judges stated the fact that the applicants had been charged for their involvement with PUDEMO, ‘is plainly a matter that affects or impacts on their right to freedom of association and opinion.

‘For whatever reason, their views on the policies, aims, ideals and objectives of PUDEMO have drawn them to it. The wearing of any apparel of paraphernalia associated with PUDEMO, may or may not, depending upon the particular circumstances of the case, be said to be a crime under the Act.

‘The bottom-line in these proceedings, however, is that their association, involvement with this organization or entity has resulted in them being charged under the Act. In a word, they have been told, PUDEMO is a specified [banned] entity, and your belonging to it or chanting its slogans and wearing its apparels is a crime in terms of the Act.

‘Clearly, their rights to freedom of association and opinion are adversely affected by this.’
The judges also stated that the law or regulations that declared PUDEMO a banned entity interfered with the constitutional right to freedom of association, but such rights were not absolute and they may be subject to certain restrictions or limitations.

The judges stated that the applicants who were members of the banned PUDEMO were, ‘declared, in effect, terrorists or at least persons engaged or involved in terrorist acts or criminals before they are given the opportunity to be heard on the issue. This cannot be right. It is against the rules of natural justice or procedural fairness or administrative justice that a person be condemned before he has been given the opportunity to be heard on the issue under consideration.’

A third High Court Justice Nkululeko Hlophe made a dissenting judgement.




See also
NO AMNESTY IN ‘TERROR’ CASES

SWAZI TERROR ACT STOPS FREE SPEECH