Swaziland
Newsletter No. 913 – 6 February 2026
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. The newsletter
and past editions are also available online on the Swazi Media Commentary
blogsite.
150 rape cases stalled amid magistrate shortage
By Bongumusa Simelane, eSwatini Observer, 2
February 2026
Over 150 rape cases have been
stalled at the Pigg’s Peak Magistrates Court following the non-appointment of a
principal magistrate.
This has seen a delay in
survivors getting justice. Most of these cases were committed last year up
until now.
When including those of
previous years, the number is possibly higher given the fact that a few years
ago there was a directive that all rape cases be presided over at the High
Court, until recently when another order was made by the Chief Justice to take
back all the rape cases to Magistrates Courts.
The northern Hhohho Region
recorded relatively higher rape cases. From January last year until January
this year, over 150 cases of rape were reported to the police. Pigg’s Peak
police alone attended to over 100 cases, followed by Buhleni and Mliba police
posts.
This has seen all these cases
being postponed without a trial date set, as that could only be done when there
is a principal magistrate who can preside over such matters.
It should be noted that Pigg’s
Peak Principal Magistrate Siphosini Dlamini retired at the end of February last
year.
Since then, all rape cases and
armed robbery cases have not been tried or do not have a trial date.
Pigg’s Peak has only one
magistrate, Nkosingiphile Maseko, who is junior to preside over such cases. In
addition, Senior Magistrate Sindisile Zwane is provisionally available only on
Wednesdays in Pigg’s Peak.
She also cannot preside over
rape cases.
Some survivors who spoke to
this publication said they had lost hope with the way things are going.
“We are losing confidence in
the justice system.”
To read more of
this report, click here
https://eswatiniobserver.com/150-rape-cases-stalled-amid-magistrate-shortage/
Rights group raises concerns over eSwatini Education
Minister’s comments on LGBTI students
Aaryaa Shinge, Jurist News, 2 February 2026
Amnesty International
has warned that recent remarks by Eswatini’s education
minister opposing LGBTI inclusion in schools risk encouraging discrimination
and abuse against students belonging to the community. Amnesty said the
statements could legitimize stigma within educational institutions and
undermine the country’s obligations to protect students from discrimination and
violence.
The minister publicly rejected calls to recognize or protect LGBTI
students in schools, asserting that such recognition would conflict with
Eswatini’s cultural values. Same-sex sexual conduct between men remains criminalized in Eswatini under colonial-era
laws, punishable by imprisonment. Legal advocacy groups have documented that these laws contribute to a
climate of fear and social exclusion for LGBTI people, especially for young
people in schools, by reinforcing negative stereotypes and discouraging victims
from reporting abuse.
Eswatini has legal and
constitutional commitments to ensure equality and dignity for all people. The
country’s Constitution guarantees equality before the law and freedom from discrimination, and that
these protections extend to all learners regardless of status or identity.
International human rights law also requires states to provide education in an
environment free from discrimination and violence, including discrimination based on sexual orientation and
gender identity.
Eswatini has also ratified
several international human rights treaties, including the International Covenant on Civil and
Political Rights, which obliges states to respect and ensure rights without
discrimination and to protect individuals from advocacy of hatred that
constitutes incitement to discrimination or hostility. Public officials have a
responsibility to avoid making statements that could contribute to
discrimination, hostility, or other forms of harm, particularly against already
marginalized groups.
In response, Amnesty
International urged authorities to publicly affirm that discrimination and
bullying in schools will not be tolerated, issue clear guidance, provide
training for educators on equality and non-discrimination, and ensure that all
learners are able to access education in a safe and inclusive environment.
See also
Anti-LGBTI comments by
eSwatini education minister risk fostering bias in schools (Funds for NGOs)
Diplomats urge Minister Owen
to retract gays statement (eSwatini Observer)
https://eswatiniobserver.com/diplomats-urge-minister-owen-to-retract-gays-statement/
60% of female tertiary students in eSwatini survivors
of gender-based violence
By Kwanele Sibiya, eSwatini Observer, 2
February 2026
About 60% of female students
in local universities and colleges experienced sexual assault or there was an
attempt to violate them, a research conducted by UNESWA has confirmed.
This was revealed by the
University of Eswatini (UNESWA) Vice Chancellor (VC) Professor Justice Thwala
during One Billion Rising Eswatini 2026 Festival on ending Gender-Based Violence (GBV) held at
UNESWA, Kwaluseni Campus on Saturday.
The festival was held under
the theme ‘Rising for Our Bodies, Our Earth, Our Future.’
“Research conducted at UNESWA
confirms that approximately 60% of female students in local universities and
colleges report experiencing attempted or completed sexual assault in their
lifetime,” Thwala said.
He said according to the
research, nearly 38% of the female students experienced sexual violence within
a single year and that over 90% of perpetrators were known to the survivor as
they were partners, friends or acquaintances.
He said the statistics also
indicated that many survivors never reported the abuse, often due to fear,
stigma or lack of trust in systems.
The VC mentioned that further
studies led by the deputy prime minister’s office, supported by the United Nations Development
Programme (UNDP), confirmed that GBV in the country was driven by unequal power
relations and patriarchal norms, harmful socialisation of youth, alcohol and
substance abuse, economic stress and unemployment, weak community
accountability, and a culture of silence.
He said these drivers were
magnified in youth spaces, including universities and therefore sustained,
youth-focused action was not optional.
“Universities are not just
places of learning; they are training grounds for future leaders, parents,
professionals and policy makers. If we change how young people understand
consent, power and respect today, we change the country tomorrow,” he said.
 |
| Youth dancing to gospel music dished out by award-winning gospel artist Nothando Hlophe |
To read more of this report, click here
See also
Call for unity,
purpose in ending GBV (eSwatini Observer)
https://eswatiniobserver.com/call-for-unity-purpose-in-ending-gbv/
Human
Rights Watch: World Report. eSwatini events of 2025
In 2025, civic space and the
rule of law remained under threat in Eswatini. Impunity for human rights
violations is still entrenched, and the authorities have yet to hold anyone
accountable for the June 2021 crackdown against pro-democracy demonstrators.
They have failed to apprehend the killers of Thulani Maseko, human rights
lawyer and opposition activist, who was shot in January 2023. The rights of
women and girls continue to be a concern as gender-based violence persisted,
with rape on the increase.
Civil and
Political Rights
Eswatini, Africa’s last
absolute monarchy, continues to ban political parties and severely restrict
civil rights. The country scored 17 out of 100 in Freedom House’s Freedom in the
World 2025 report. It got 1 out of 40 on political freedoms and 16 out
of 60 for civil liberties. As in past years, the report concluded that Eswatini
is “not free.” The CIVICUS civic space monitor classifies Eswatini as a closed space.
If passed into law in its
current form, the 2024 Non-Profit Organizations (NPO) Bill would further shrink civil space. It includes onerous registration, monitoring, inspection,
and reporting requirements for non-profit organizations.
The African Commission on
Human and Peoples’ Rights (ACHPR) visited Eswatini in July 2025 at the
invitation of the government. They found that the Public Order Act
of 2017, the Suppression of
Terrorism Act of 2008,
and the Sedition and Subversive Act of 1938 are routinely weaponized by the state to suppress dissenting voices and curtail freedoms of
expression, assembly, and association.
Conduct of
Security Forces
The authorities have not held
anyone to account for the security forces’ crackdown on pro-democracy protesters in 2021. During these protests, the
Royal Eswatini Police Service (REPS) and the Umbutfo Eswatini Defence Force
(UEDF) shot indiscriminately at protesters and passers-by with live ammunition,
teargas, and rubber bullets. They also physically assaulted people, killed
scores of protesters and injured hundreds more, including children.
Rule of Law
Nearly three years after the
killing of Thulani Maseko on January 21, 2023, his killers have yet to be
apprehended. Civil society, regional, and international actors pressed the government to investigate the
case. But Maseko’s widow, Tanele Maseko, confirmed that she has not heard from the police, despite
numerous inquiries. Thulani Maseko was fatally shot at
home, in front of his wife and two children, hours after King Mswati III
publicly warned those calling for democratic reforms that mercenaries would
deal with them.
The International Commission
of Jurists (ICJ) in a 2025 report on the independence of judges and lawyers noted
that Maseko’s killing had a “devastating effect on the independence of lawyers
in Eswatini and their ability to practice without fear of threat or reprisals.”
The ICJ also noted that lawyers are inhibited from acting independently and
“face adverse economic consequences for taking on cases or clients perceived as
political.” This includes cases associated with the June 2021 unrest.
To read more of
this report, click here
https://www.hrw.org/world-report/2026/country-chapters/eswatini
eSwatini court throws out challenge to deal on US
deportees
By Lunga Masuku, Reuters, 4 February 2026
MBABANE: Eswatini’s high court
has thrown out a case filed by human rights lawyers and activists that
challenged the government's deal with the United States to accept third-country
deportees.
U.S. President Donald Trump’s
administration has sent at least 15 third-country deportees to Eswatini since
last July, as part of its crackdown on illegal immigration. The small southern
African country received $5.1 million as part of the deal.
The applicants in the case,
led by the Eswatini Litigation Centre, had claimed that the agreement was unconstitutional because it was not submitted to parliament for
approval and the terms were not disclosed.
Three judges dismissed the
case on the primary grounds that the applicants did not have a direct interest
in the matter and therefore did not have the right to bring it to court,
according to a copy of the judgment delivered on Tuesday.
They also raised other issues,
such as the fact that the applicants could not produce a copy of the agreement
they were challenging.
“We are told to respect the
law, yet we watch powerful actors sidestep the constitution,” the Swaziland
Rural Women's Assembly, one of the applicants, said in a statement.
“(This case) is about whether
people in Eswatini have the right to challenge their government's decisions.”
Eswatini’s attorney general
told Reuters last year that the case had no legal basis and was “frivolous”.
Eswatini is an absolute
monarchy ruled by King Mswati III. Although its courts are independent in
theory, Mswati gets the final say on all appointments of senior judges. Rights
groups and legal experts say judicial independence is susceptible to interference
from the king and his executive.
Eswatini is one of several
African countries that have made secretive deals with the Trump administration
to accept deportees.
Those sent to Eswatini have
included nationals of Vietnam, Cuba, Laos, and Yemen. They are being held in
prison, except for one who was repatriated to Jamaica.
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