Swaziland armed police, army intimidate people to obey coronavirus lockdown. Woman, 85, dies

Armed military police officers in Swaziland (eSwatini) forced members of the public to do press-ups when they were found at a bus rank during the present coronavirus lockdown.

Separately, an 85-year-old woman collapsed and died when security forces raided her home.

These are two of a number of cases being reported in media in Swaziland about intimidation by police, army and other security personnel. A 20-day partial lockdown of the kingdom started on 27 March 2020.

The military police were at the bus rank in Manzini, the kingdom’s main commercial city, on Monday (6 April 2020). Public buses are restricted to early morning and late afternoon and were not running at the time of the incident.

The Times of eSwatini reported eyewitnesses saw the police ordering people to leave because buses were not operating. ‘Others were ordered to do push-ups in full view of the people present, including vendors. They alleged that this was after the men failed to give the military police satisfactory answers on why they were at the bus rank at that time,’ the Times reported.

It added, ‘As the men did the push ups with fists on the tarred bus rank surface, the witnesses said some people used their mobile phones to take pictures and videos. They said their actions landed them in trouble and the military men ordered them to delete the pictures and videos before joining those who were doing the push-ups.’

Elsewhere, An 85-year-old woman collapsed and died at her home on the outskirts of the Swazi capital Mbabane when police and correctional services forces raided her home.

The eSwatini News reported that the woman sold alcoholic beverages for a living. Bars have been closed during the present coronavirus lockdown.  

The woman’s son said three police officers and about four Correctional Services officers arrived on Thursday (2 April 2020) just when he and his mother had locked themselves inside their separate flats and were preparing for bed. He heard banging on doors but thought it might be customers looking for alcohol.

He then realised they were police. He told the News,  ‘They also threatened to arrest me and I could hear that they were slapping some people and even ordering them to tell the truth.’

The woman collapsed and died. Deputy Police Information and Communications Officer Inspector Nosipho Mnguni confirmed the incident.

On Sunday police ‘invaded and forcefully closed’ two churches in Mbabane during services, according to the Times of eSwatini. Regulations ban gatherings of more than 20 people.

Separately, Lawyers for Human Rights in Swaziland urged police and other security personnel not to mistreat businesspeople and the public during the lockdown. It came after reports from all regions of Swaziland that they were harassing and assaulting people in order to enforce the lockdown regulations.

Some businesses previously claimed they were being asked to pay bribes to police and army in order to remain open.

Police were also reportedly stopping people on the streets of Mbabane and demanding proof of residence.

See also

King puts Swaziland into partial lockdown in bid to beat coronavirus. Army and police on standby

https://swazimedia.blogspot.com/2020/03/king-puts-swaziland-into-partial.html

 

More businesses in Swaziland to close as Govt tightens coronavirus lockdown

https://swazimedia.blogspot.com/2020/04/more-businesses-in-swaziland-to-close.html

POLICE DRIVE AGAINST SEX WORKERS

Police have clamped down on sex workers operating on the streets of Swaziland. At least thirty have been given jail sentences with the option of a fine.

The arrested women say they have to do this work as they are unemployed and will go hungry.

The move has caused  the Swazi police chief to defend his officers’ action, saying they are only upholding the law.

Towns including the Swaziland capital Mbabane and the main commercial city Manzini have been targeted.

The arrested sex workers were give jail sentences of four months with the option of an E400 fine. In Swaziland seven in ten people have incomes less than E26 a day.

Lawyers for Human Rights in Swaziland said the arrests of the women was discriminatory because only the women and not their male clients were targeted. The arrests contravened the Swaziland Constitution which stated all people were equal under the law.

The Times of Swaziland reported on Tuesday (8 August 2017), ‘Well-known human rights lawyer Sipho Gumedze pointed out that the Crimes Act, in terms of which the sex workers were charged, was a legislation that was enacted during the dark years when black people were still considered subhuman by the colonial white settlers.’

National Commissioner of Police Isaac Magagula responded to media criticism of the police action. The Swazi Observer on Tuesday quoted him saying, ‘As long as laws prohibiting prostitute activities in the land are still there, don’t blame us when cracking the whip as it is our mandate to see to it that such laws are enforced.’

Manzini South Constituency Member of Parliament Owen Nxumalo who is also the Minister of Public Services told the Times of Swaziland newspaper that women could be helped away from prostitution through the Regional Development Fund.  ‘We have a fund that is aimed at alleviating poverty among the constituents and it can be accessible to them instead of engaging in sex work, which will end up being a drain to the country financially,’ the newspaper quoted him saying. 

In May 2017 it was reported that poverty-stricken parents of girls as young as fourteen were giving them to soldiers for sex in exchange for food.  

In July 2016 it was reported that women temporary employees at Swaziland’s Central Statistics Office (CSO) had been forced to have sex with their bosses to keep their jobs.

 

See also

SOLDIERS SEX FOR FOOD WITH GIRLS, 14

http://swazimedia.blogspot.co.uk/2017/05/soldiers-sex-for-food-with-girls-14.html

SEX FOR JOBS CLAIM AT STATS OFFICE

http://swazimedia.blogspot.co.uk/2016/07/sex-for-jobs-claim-at-stats-office.html

CALLS TO RELEASE JAILED CRITICS GROW

More organisations within Swaziland and internationally have joined the chorus of support for the two ‘prisoners of conscience’ who have been jailed on remand accused of contempt of court for criticising the judiciary in magazine articles.

Human rights lawyer Thulani Maseko and Bheki Makhubu, editor of the Nation magazine, were sentenced to seven days in jail ahead of a court hearing scheduled for 25 March 2014.

They are accused of contempt of court for criticising judges, including the Swazi Chief Justice Michael Ramodibedi, for the way they handled a court case involving Government Chief Vehicle Inspector Bhantshana Gwebu.

It was CJ Ramodibedi himself who jailed the two men, described by Amnesty International as ‘prisoners of conscience’. No hearing was heard in open court and Maseko and Makhubu were denied proper legal representation.

The US Embassy in Swaziland said it had ‘deep concern’ about the arrest of the two men and added it strongly supported the democratic principles of freedom of speech, freedom of expression and freedom of the press. 

The Law Society of Swaziland said Makhubu and Maseko were irregularly arrested and detained on the instruction of the chief justice. It also criticised the summary manner in which the two were dealt with subsequent to their arrest.

In a statement it said, ‘It is the view of the Law Society that every citizen of Swaziland is entitled to the due process of the law which entails the right to legal representation, equality before the law, right to appear in a open court before an impartial judicial officer, a right to a fair hearing, a right to administrative justice and a right to personal liberty, including the right to bail as provided in terms of the provisions enshrined in the Constitution of Swaziland and the founding principles of natural justice.’

Members of a number of progressive organisations attended court last week to support the two men, described by Ditshwanelo, The Botswana Centre for Human Rights, as ‘two human rights defenders’. These included the Swaziland Association of Teachers (SNAT), the Trade Union Congress of Swaziland (TUCOSWA), the Swaziland Coalition of Concerned Civic Organisations (SCCCO), the Media Institute of Southern Africa (MISA), the Coordinating Assembly of Non-Governmental Organisations (CANGO) and Lawyers for Human Rights Swaziland (LHRS).

Meanwhile, the international organisation Reporters Without Borders (RWB) said, ‘The arbitrary arrests of Maseko and Makhubu are the latest examples of the persecution that awaits anyone voicing the least criticism of Swaziland’s institutions.’

Lucie Morillon, head of research and advocacy at RWB, said, ‘In a country where the only voices tolerated are those of King Mswati and his government, how much leeway do journalists have to cover and comment on local news developments? None.’

Morillon added, ‘The detention orders that the chief justice himself issued, without any respect for Swaziland’s legal standards, are blatant violations of freedom of expression, motivated by a desire for personal revenge. We call on the authorities to free these two men at once.’

Freedom House also called for the immediate release of Makhubu and Maseko. It said, ‘The Kingdom of Swaziland must uphold the basic rights and freedoms of its citizens and put an end to its sustained campaign to suppress its citizens’ basic right to freedom of expression.’

It added, ‘These arrests, indictments and imprisonment constitute a direct violation of the Swaziland constitution’s section 21, which guarantees a fair trial and the section 24, the right to freedom of expression.’

The Committee to Protect Journalists (CPJ) Africa Program Coordinator Sue Valentine said in a statement, ‘These arrests make a mockery of Swaziland’s constitution, which is supposed to uphold freedom of expression.’

The International Commission for Jurists (ICJ) said that both men ‘appear to be detained for exercising their right of freedom of expression’.

Also calling for the release of the accused are the SADC Lawyers Association, the Southern Africa Litigation Centre and the Law Society of South Africa (LSSA).

See also

AMNESTY ATTACKS SWAZI JUSTICE

http://swazimedia.blogspot.com/2014/03/amnesty-attacks-swazi-justice.html

 

SUPPORT FOR HUMAN RIGHTS DEFENDERS

http://swazimedia.blogspot.com/2014/03/support-for-human-rights-defenders.html

LAWYERS ATTACK JUDGE SUSPENSION

Times of Swaziland

1 July 2011

SOURCE

Only King has right to charge judge - lawyers

MBABANE - The actions of the Chief Justice, Michael Ramodibedi, in slapping Judge Thomas Masuku with 12 charges have been declared unconstitutional by Lawyers for Human Rights.

Speaking during an interview in his office, the Chairman of the organisation, Mandla Mkhwanazi, said that, according to the provisions of the Constitution, it is only the King who has the right to lay charges against a judge.

Mkhwanazi, therefore, called upon the Chief Justice to withdraw the charges.

"We call for the immediate withdrawal of the charges against the judge. We call for strict compliance with the provisions of the Constitution. We lament that the issue of the charges came at time when the complement of judges at the High Court is strained. If any judge were to be removed at this time, it would result in a backlog of cases which the country cannot afford at the moment," Mkhwanazi said.

Mkhwanazi said procedurally the CJ, after receiving notice of a matter of misconduct concerning a judge, has to refer that matter to the JSC; which then in turn informs the King of the alleged misconduct.

Mkhwanazi went on to say it is unconstitutional for the Chief Justice to receive complaints about the judge and act on them without involving the JSC.

"Our view, as Lawyers for Human Rights, is that the alleged receipt of complaints by the CJ in total exclusion of the JSC is unconstitutional. Secondly, for the CJ to act on those complaints in his capacity as the Chief Justice without the apparent involvement of the JSC and the King is also unconstitutional.

"As lawyers, we would like to emphasise the principle of the independence of the Judiciary as set out in Section 141(1) of the Constitution. The independence of the judiciary also entails the independence of the judge in decision-making," Mkhwanazi elaborated.

He went on to say that, in this case, the CJ abused his powers as Chief Justice because he has no discretion to exercise disciplinary control over judges.

"In terms of Section 160, it is only the JSC which can exercise disciplinary control over judges. In this case, the CJ acted ultra vires (outside his powers as CJ). It is clear from this Section that disciplinary measures against judges vest with the King and the JSC," he said.

SWAZI HUMAN RIGHTS VIOLATED

13 April 2011

Lawyers for Human Rights, Swaziland, statement

SOURCE

The violent suppression of peaceful protests is a gross violation of human rights and fundamental freedoms of the people of Swaziland


Lawyers for Human Rights (SWD) are gravely concerned with the violent suppression of human rights and fundamental freedoms of the people of Swaziland. Quite clearly, the greatness of democracy is the capacity and ability of the people to freely express themselves. The Government of Swaziland has not been able to do so for close to four decades now.

We, Lawyers for Human Rights hereby join the voices of the civil society and the Democracy Movement in Swaziland, supported by the peace and democracy loving citizens of the world to condemn the massive use of violent force by the government to crush the peaceful protests by citizens demanding a meaningful stake in the governance of their country.

The Universal Declaration of Human Rights and other human rights instruments, make it clear that the basis of any government is the will of the people, and the African Charter on Human and Peoples’ Rights goes on to say that, nothing shall justify the domination of a people by another. The peaceful protest by the people of Swaziland is simply to demand the right to self-determination, and the stoppage of the continued domination by the ruling Royal regime and its cabals.

Lawyers for Human Rights note that, the reason for the people’s demand for the resignation of the current government, and the transformation of Swaziland into a democratic and constitutional state is inspired by the universal principles long embraced by the community of nations. Swaziland has been and continues to be out of step with the rest of the democratic world, and has betrayed its commitment to respect the values of humanity and human dignity.

We accordingly join the call for the Government of Swaziland to stop unleashing the security forces against unarmed and defenseless citizens. It must listen to the voices of change by agreeing to enter into a process that will address the crisis facing the country: the constitutional question. So long as the government refuses to engage in a genuine, open, democratic and all-inclusive participatory process of constitutional reform that will result in a democratic constitution, that will guarantee the Rule of Law not rule by men, the crisis will continue. Such a constitution must create strong civil institutions, such as an independent judiciary, an autonomous no-partisan parliament, and an accountable executive authority, as well as an environment conducive for the enjoyment, protection and promotion of all human rights and fundamental freedoms.



Issued by the Executive Committee of Lawyers for Human Rights (Swaziland)

SWAZI DISSIDENT FACES 20 YEARS JAIL

Mfomfo Nkhambule, the Times of Swaziland writer and former Swazi Cabinet Minister, could be charged with sedition and face up to 20 years in jail for articles he has written in the newspaper.

Nkhambule, who is also chairman of the Inhlava Forum political party was taken in by the Swazi state police Intelligence Unit and told that his articles could incite a revolt against King Mswati III.

According to a report in the Times today (8 January 2009), Nkhambule was told he could be charged with sedition should he continue to write his articles.

The newspaper reported, ‘Section 5 (1) of the Sedition and Subversive Activities Act prescribes that anybody convicted for subversive activities will be sentenced to a maximum of 20 years without the option of a fine.

‘The Act defines subversive activities as actions that support or advocate things that are prejudicial to public order, the country’s security and the administration of justice.

‘The crimes include inciting disobedience among citizens to any lawful authority, indicating association with unlawful groups and comments or criticism intended excite disaffection against public officers.

‘The 1938 law stipulates that once a person has been charged with these crimes, a Special Tribunal of not less than five people will be appointed by the king to deal with his matter. Proceedings of the tribunal shall not be subject to any court and its members shall have the same powers, privileges and immunities of High Court judges.’

The Times quotes Mandla Mkhwanazi of the Lawyers for Human Rights saying that the police are wrong to think they can use outdated laws such as the Sedition and Subversive Activities Act against Nkambule.

‘The constitution guarantees the freedoms of expression and speech. It also allows one the freedom to hold any belief. Any other law that takes away that right should fall off. Unless the police are saying they want to charge him with sedition but even then, personally, I have not seen anything seditious in those statements. The man is just stating facts as he sees them,’ said Mkhwanazi.