Swaziland democracy leaders lose High Court case against police raids on legal technicality

Prodemocracy campaigners in Swaziland (eSwatini) who had their homes raided and property seized by police lost their High Court case calling the raids unconstitutional on a legal technicality.

Police acting on warrants from the Manzini and Mbabane magistrates courts raided homes of members of the newly-formed Political Parties Assembly (PPA) in December 2019.

Ngwane National Liberatory Congress (NNLC) President Sibongile Mazibuko; Chairman of Sibanhle Sinje National Movement Musa Nkambule; People’ United Democratic Movement (PUDEMO) Secretary General Wandile Dludlu and President of the Swaziland Democratic Party (SWADEPA), Jan Sithole argued the warrants had been issued illegally.

Laptops, phones and other devices were confiscated by police in the raids.

High Court Judge Nkosinathi Maseko dismissed their application saying they should have gone to the magistrates’ court to have the warrants overturned. Only if the magistrates refused to do this, should they approach the High Court.

Previously the High Court had blocked the police from proceeding with arrests on the strength of the warrants they obtained. Judge Maseko said this was no longer in force.

After the decision, Jan Sithole told the Swaziland News, an online newspaper, the PPA leaders would attempt to appeal the High Court ruling.

Swaziland is ruled by King Mswati III as an absolute monarch. In the Swazi political system known as tinkhundla parties are barred from taking part in elections and groups calling for democracy are banned under the Suppression of Terrorism Act. The King appoints the Prime Minister and government members as well as top judges and civil servants.

Following the raids the Swaziland United Democratic Front, one of the groups targeted, in a statement circulated on social media said, ‘This comes weeks after the all progressive formations in the country resolved to unite under the banner of the Political Party Assembly to fight against the Tinkhundla regime. This led to the start of a campaign that was dubbed #MSWATI MUST FALL and has since been gaining momentum and meeting equal resistance from the autocratic regime.’

At the time the Southern Africa Litigation Centre in a statement said, ‘We are concerned by the actions of the police, which appear to be targeted at those activists who have been prominently involved in protests relating to workers’ rights and who have been promoting multi-party democracy and government accountability in the country.’

See also

Swaziland police in mass raids on homes of democracy activists, some detained

https://swazimedia.blogspot.com/2019/12/swaziland-police-in-mass-raids-on-homes.html 

Police question Swaziland political leader amid fears of treason charge

https://swazimedia.blogspot.com/2019/12/swaziland-political-leader-questioned.html
 

Swaziland ex-Govt minister in hiding after calling on absolute monarch to hand over power

https://swazimedia.blogspot.com/2019/11/swaziland-ex-govt-minister-in-hiding.html

Swaziland democracy activists tell High Court police raids on their homes illegal

Four democracy campaigners in Swaziland (eSwatini) whose homes were raided by police and had phones and other gadgets confiscated appeared in the High Court to argue that the raids were illegal.

They said the search warrants used were not valid.

The four were Sibongile Mazibuko, Musa Nkambule, Jan Sithole and Wandile Dludlu. They are leaders of various political groups in Swaziland where King Mswati III rules as absolute monarch. They all belong to the recently-formed Political Parties Assembly (PPA). Political parties are banned from taking part in elections and groups that campaign for democracy are outlawed under the Suppression of Terrorism Act.

Police raided homes of political activists across Swaziland after warrants were issued on 25 November and 19 December 2019. 

The four said that the search warrants were illegal because they did not specify what the police were looking for. They also said the warrants were issued by magistrates who did not have authority to do so.

The case was heard on Wednesday (8 January 2020). A ruling is expected on 24 January 2020.

The Swaziland United Democratic Front, one of the groups targeted in the police raids, in a statement circulated on social media at the time, said, ‘This comes weeks after the all progressive formations in the country resolved to unite under the banner of the Political Party Assembly to fight against the Tinkhundla regime. This led to the start of a campaign that was dubbed #MSWATI MUST FALL and has since been gaining momentum and meeting equal resistance from the autocratic regime.’

The Southern Africa Litigation Centre in a statement said, ‘We are concerned by the actions of the police, which appear to be targeted at those activists who have been prominently involved in protests relating to workers’ rights and who have been promoting multi-party democracy and government accountability in the country.’

See also

Swaziland police in mass raids on homes of democracy activists, some detained

https://swazimedia.blogspot.com/2019/12/swaziland-police-in-mass-raids-on-homes.html 

Swaziland police say they raided democracy activists’ homes for ‘state security’

https://swazimedia.blogspot.com/2019/12/swaziland-police-say-they-raided.html

 

Police question Swaziland political leader amid fears of treason charge

https://swazimedia.blogspot.com/2019/12/swaziland-political-leader-questioned.html

 

Swaziland ex-Govt minister in hiding after calling on absolute monarch to hand over power

https://swazimedia.blogspot.com/2019/11/swaziland-ex-govt-minister-in-hiding.html

Swaziland democracy leaders call on absolute monarch to arrange talks for political change

Prodemocracy leaders in Swaziland (eSwatini) who had their homes raided by police are calling on the absolute monarch King Mswati III to allow people to talk openly about the political future of the kingdom.

Political parties are banned from taking part in elections and groups that advocate for democracy are outlawed by the Suppression of Terrorism Act. 

Six political groups have formed the Political Parties Assembly (PPA) to advocate for change. Leaders of these groups had their homes raided by police on Friday (20 December 2019). They were interrogated by police and had laptops, phones, tablets and other gadgets taken.

At a media conference on Saturday the PPA called on King Mswati to allow talks. The Times Sunday, a newspaper in Swaziland, reported Mlungisi Makhanya, President of the outlawed People’s United Democratic Movement (PUDEMO), said, ‘The King should convene a session where the people will dialogue. He has to mandate a team to engage with us. We don’t mean we should engage with him personally because that would lower his status as King but he can delegate a team mandated to discuss the governing of the country alongside the reigning monarch.’

The Times reported the PPA said if the King did want to be personally involved in talks they would need to adopt international standards, appoint a facilitator, have clear ground rules and a neutral venue.

There is open hostility in Swaziland between the supporters of the PPA and state forces, especially the police. 

Jan Sithole, President of the Swaziland Democratic Party (SWADEPA), told the media conference the police service had been politicised and were taking actions on behalf of the government.

Separately, Ngomyayona Gamedze, the former Deputy President in the Swaziland Senate and now acting Chairman of Sive Siyinqaba, one of the groups in the PPA, warned government and the police against the continuous detention of political activists who were calling for democratic reforms.

He told the Swaziland News, an online newspaper, ‘Harassing political activists, breaking into their houses and seizing their cellphones amounts to the violation of human rights. A cellphone is a personal gadget with personal information that should not be accessed even by the police without the consent of the owner and what they doing now is wrong. I am not talking about hearsay here because I was there as a Presiding Officer when Parliament ratified these UN Conventions that ensured the protection of human rights. It’s now surprising that even the Human Rights Commission is silent on this.’

He added, ‘Is it a crime to openly express my political view that I don’t want the current government? Are these political activists expected to embrace the current government by force? Why are we allowing the police to violate human rights in this manner? Any detention of a person even if its five minutes amounts to human rights violation because you have taken that person out of his or her comfort zone, it’s worse when you have seized his cellphone because by so doing you have disconnected that individual from communicating with the world and gained access to personal information.’

Further police action is expected. The Times reported Sithole telling the media conference, ‘We are committed to the spirit of no retreat, no surrender, forward forever.’

He added, ‘Even if it meant being arrested, even if it meant being eliminated; we are prepared to lay our lives on the block for the liberation of the people that have given us that mandate.’

The PPA consists of six groups: People’s United Democratic Movement (PUDEMO); Swaziland Democratic Party (SWADEPA); Communist Party of Swaziland (CPS); Ngwane National Liberatory Congress (NNLC); Swaziland People’s Liberation Movement (SPLM) and Sive Siyinqaba (Sibahje Sinje).

See also

Swaziland police say they raided democracy activists’ homes for ‘state security’

https://swazimedia.blogspot.com/2019/12/swaziland-police-say-they-raided.html

 

Swaziland police in mass raids on homes of democracy activists, some detained

https://swazimedia.blogspot.com/2019/12/swaziland-police-in-mass-raids-on-homes.html

Police question Swaziland political leader amid fears of treason charge

https://swazimedia.blogspot.com/2019/12/swaziland-political-leader-questioned.html
 

Swaziland ex-Govt minister in hiding after calling on absolute monarch to hand over power

https://swazimedia.blogspot.com/2019/11/swaziland-ex-govt-minister-in-hiding.html

Swaziland political parties unite in bid to end absolute king’s power

Political parties in Swaziland – some of them outlawed – have joined together to try to force an end to the rule of absolute monarch, King Mswati III.

Their leaders intend to march on Wednesday (13 November 2019) to deliver a petition to Swazi Prime Minister Ambrose Dlamini. They will also petition the South African High Commission to Swaziland, saying it is the accomplice and beneficiary of the ‘royal dictatorship’.

This will be followed on Saturday by a public gathering in Manzini.

The political parties include the Ngwane National Liberation Congress (NNLC), the Communist  Party of Swaziland (CPS), the Swazi Democratic Party (SDP) and the People’s  United Democratic Party (PUDEMO). They have formed a grouping called the Political Parties Assembly (PPA).

In Swaziland, political groups advocating for democracy are banned under the Suppression of Terrorism Act.

All political parties are banned from taking part in elections and the King appoints the government.

In a statement the PPA said it wanted to end the kingdom’s form of government, known as Tinkhundla, or monarchical democracy. They want power returned to the people. 

PPA stated, ‘We unanimously observed that the royal project Tinkhundla has reached a point of no return in dragging down our dignity and stretching beyond  limits our patience as a people.’

The announcement came days after it was revealed the King had taken delivery of at least 15 Rolls-Royce cars for his wives and family and 79 luxury BMW cars worth US$6 million for ‘escort duties’.

PPA said, ‘Brazen looting and plunder of national resources by the monarchy have reached levels unmatched in history, plunging our people into unbearable conditions as witnessed through escalating cost of living, crisis in education and health, high unemployment as well as poor general service delivery.’

In a statement, Mduduzi Gina, Secretary General of the Trade Union Congress of Swaziland (TUCOSWA), said, ‘A petition should be delivered to the office of the Prime Minister and other Ministries by the PPA lead coalition on Wednesday November 13 in Mbabane. A Mass Meeting of every concerned organizations and persons shall be convened on Saturday 16th, November at the SNAT Center starting at 0900hrs. A long-term program of action will be taken for implementation in the mass meeting envisaged. Any changes if any, will be communicated in due as we receive direction from the PPA.’

See also

King of impoverished Swaziland takes delivery of 79 luxury BMW cars worth US$6 million

https://swazimedia.blogspot.com/2019/11/king-of-impoverished-swaziland-takes.html

Not enough Supreme Court judges so Swaziland Terrorism Act appeal postponed

https://swazimedia.blogspot.com/2019/03/not-enough-supreme-court-judges-so.html