Swaziland democracy leader and former MP Jan Sithole dies

Jan Sithole, the former Manzini North Member of Parliament and President of the Swaziland Democratic Party (SWADEPA), has died. He was taken ill at home and later died in hospital. He was 67 years old.

 

He was one of the best-known campaigners for democratic reform in Swaziland (eSwatini) which is ruled by King Mswati III, as sub-Saharan Africa’s last absolute monarch.

 

In 2013, Sithole was elected to the Swaziland House of Assembly. Political parties are banned from taking part in elections and King Mswati appoints the Prime Minister and government ministers. 

 

Sithole had campaigned for many years for multi-party democracy and came in for much criticism at the time from prodemocracy campaigners for standing for parliament and giving the poll legitimacy.

 

In an interview at the time with writer / journalist Shaun Raviv, Sithole said his change in strategy was a continuation of his past actions and beliefs. 

 

Jan Sithole who has died

 

‘I still subscribe to social justice, human dignity, democracy, rule of law, separation of powers. I believe in seeing a Swaziland that is economically vibrant, with jobs for all. And a Swaziland that provides equality for men and women and respects the international covenants that it has ratified. That’s me in the past, that’s me now. What has changed is the forum that I want to use to achieve the same principles.’

 

Sithole came to international attention in when he was leader of the former Swaziland Federation of Trade Unions (SFTU) which led a series of national strikes in the kingdom during 1995-1997 which had ‘27 demands’, for economic and social changes.

 

His campaign for democracy continued for years and he was arrested many times. The most recent was in December 2019 when he and other prodemocracy leaders had their homes raided by police and were arrested. They had recently formed the Political Parties Assembly (PPA) to advocate for change. 

 

See also

 

Democracy leaders detained by Swaziland police as illegal march halted

https://swazimedia.blogspot.com/2019/12/democracy-leaders-detained-by-swaziland.html

 

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

https://swazimedia.blogspot.com/2019/11/swaziland-political-parties-unite-in.html  

 

Interview with new MP Jan Sithole

https://swazimedia.blogspot.com/2013/09/interview-with-new-mp-jan-sithole.html

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

A newspaper in Swaziland (eSwatini) in effect owned by the absolute monarch King Mswati III has confirmed that police raids on homesacross the kingdom were to seek out political activists.

The Observer on Saturday, part of the eSwatini Observer group, reported, ‘Police have intelligence on state security that has required the conducting of raids at homesteads belonging to political activists and the bringing in for interviews at their stations of these activists who are leaders of different political groupings.’

It reported a press conference given by Royal Eswatini Police Service National Commissioner William Dlamini after the raids on Friday (20 December 2019).

Leaders of at least five pro-democracy groups were taken to police stations and interrogated. All were released but phones, laptops, tablets and other devices were kept.

Political activity in Swaziland is severely curtailed. Parties are banned from taking part in elections and groups advocating democracy are outlawed under the Suppression of Terrorism Act. The King rules as an absolute monarch in a political system known as Tinkhundla.

The Observer reported Dlamini said they were seeking ‘information’ from those questioned. It quoted him saying, ‘We’re taking action on information that is not criminal per se.’

He said police raids on homesteads were routine in Swaziland. The Observer reported, ‘He said had it been through their choice, they would conduct the raids on a daily basis because that is what assists decrease crime throughout the country.’

He denied that only political activists were raided but there have been no reports of any people not connected with the prodemocracy movement being taken in for questioning.

The raids were reported by media across the world. Reuters reported, ‘Police Commissioner William Dlamini told reporters the police had “invited some individuals to assist us in our enquiries pertaining to state security information”’.

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.’

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.’

It added, ‘We call on the government to respect its citizens’ rights to freedom of expression, association and assembly and to end the harassment of the leadership of political parties and trade unions. We further call on the government to release all persons who are currently in custody because of their criticism of the monarchy, including Goodwill Sibiya, who has been detained since May 2019.’

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

Police across the absolute monarchy of Swaziland (eSwatini) raided the homes of a number of prodemocracy activists in the early hours of Friday (20 December 2019).

Some were detained by police for interrogation.

The action came following increased activity from critics of King Mswati III.

Political action is severely curtailed in the kingdom and political parties are banned from taking part in elections.

Groups advocating for democracy are outlawed under the Suppression of Terrorism Act. Many use social media to further their aims.

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

The Southern Africa Litigation Centre (SALC), based in neighbouring South Africa, reported, ‘eSwatini police visited the houses of a number of pro-democracy activists including Sikelela Dlamini, Secretary General of the Swaziland National Association of Teachers (SNAT), Jan Sithole, President of the Swazi Democratic Party (SWADEPA), Mbongeni Mnisi, SWADEPA youth leader, Sibongile Mazibuko, President of the Ngwane National Liberation Congress (NNLC), Dumsane Fakudze, chairperson of the Communist Party of Swaziland, Wandile Dludlu, Secretary General of the People’s United Democratic Movement (PUDEMO), Mphandlana Shongwe, a member of the National Executive Committee of PUDEMO, and Amos Bulunga, PUDEMO Manzini Secretary, and Themba Mabuza from the Swaziland United Democratic Front (SUDF) and others whose names could not be established at the time of publishing this statement. 

‘The search warrants indicated that the police intended to confiscate all laptops, computers, cell phones and tablets in their possession.

‘The police subsequently detained a number of the activists, including Jan Sithole, Sikelela Dlamini, Sibongile Mazibuko, Wandile Dludlu, Amos Bulunga, Dumsane Fakudze, Themba Mabuza and Mbongeni Mnisi. They were released a few hours later after interrogations.

‘Earlier in the week, on 17 December 2019, the police questioned the Chairperson of Sive Siyinqaba National Movement (Sibahle Sinje), Musa Nkambula, at the Manzini police headquarters. He was released pending investigations and his cell phone was confiscated.’

SALC added, ‘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

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

Democracy leaders detained by Swaziland police as illegal march halted

Three democracy leaders in Swaziland (eSwatini) were detained by police when protesters tried to march through the industrial town of Matsapha.

The march was halted after it had been banned by the courts hours earlier.

It was the latest activity from the recently-organised Political Party Assembly (PPA). Political parties are banned in Swaziland where King Mswati III rules as sub-Saharan Africa’s last absolute monarch. 

It happened on Thursday (12 December 2019) when the PPA wanted to march from factory to factory in the town to drum up support.

Those detained were Swaziland Democratic Party (SWADEPA) President Jan Sithole; Ngwane National Liberation Congress (NNLC) President Sibongile Mazibuko; and Zodwa Mkhonta, Deputy President of the People’s United Democratic Movement (PUDEMO).

The leaders were arrested on the streets of Matsapha, taken to the local police station and later released. 

The Times of eSwatini said there were also unconfirmed reports that police from the Serious Crime Unit (Lukhozi) rounded up ordinary members of the PPA at the assembly point for the march.

Protest marches are routinely banned in Swaziland where freedom of assembly is severely curtailed. 

In July 2019 Human Rights Watch reported restrictions on freedom of association and assembly continued in Swaziland although the kingdom had signed the African Charter on Democracy, Elections and Governance in January 2018, the government has not taken steps to ratify and implement the charter.

Amnesty International in a review of Swaziland for 2017 / 2018 stated, ‘The Public Order Act and the Suppression of Terrorism Act severely limited the rights to freedom of expression, association and peaceful assembly.’ 

It added, The Public Order Act, ‘curtailed the rights to freedom of assembly and association, imposing far-reaching restrictions on organizers of public gatherings. The Act also failed to provide mechanisms to hold law enforcement officials accountable for using excessive force against protesters or public gatherings.’

Freedom House scored Swaziland 16 out of a possible 100 points in its Freedom in the World 2019 report. It concluded that Swaziland was ‘not free’.

See also

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

https://swazimedia.blogspot.com/2019/11/swaziland-political-parties-unite-in.html 

Legitimacy and credibility of Swaziland election hampered by political parties ban, UN group reports

The ‘legitimacy and credibility’ of the recent national election in Swaziland / Eswatini was ‘significantly hampered’ because political parties are banned in the kingdom ruled by absolute monarch King Mswati III, according to a United Nations group.

The King has ‘excessive powers’ in the appointment of the Government, Parliament and the judiciary, the UN Human Rights Committee (HRC) said in a report just published.

It follows a visit to Swaziland on 6 to 8 November 2018 to review a number of human rights issues outlined in the United Nations International Covenant on Civil and Political Rights (ICCPR).

The HRC reported, ‘According to the Constitution of Eswatini (Swaziland), the system of Government is based on the Tinkhundla, in which individual merit is a basis for election and appointment into public office. In practice, this translates in a system where the King has excessive powers appointment over the Government, Parliament and the judiciary, incompatible with article 25 of the ICCPR.’

Elections for the House of Assembly took place on 21 September 2018. Political parties were banned from taking part. The people were only allowed to elect 59 members of the House, a further 10 were appointed by the King. None of the 30 members of the Swazi Senate were elected by the people; 10 were elected by the House of assembly and 20 appointed by the King.

Following the election the King appointed a Prime Minister and Cabinet in contravention of the Swaziland Constitution. He also appointed six members of his Royal Family to the House of Assembly and eight to the Senate.

In its report the Human Rights Committee said, ‘The legitimacy and credibility of the elections was significantly hampered by the design of the electoral mechanisms as a culture of political pluralism is lacking. There is no freedom of genuine and pluralistic political debate, political parties are unable to register, contest elections, field candidates or otherwise participate in the formation of a Government. 

‘Political organisations have tried to challenge the Government to allow at least individual candidates to express their affiliation to political parties during the election campaigning period in order to promote steps towards political plurality. On 20 July 2018, the High Court of Eswatini dismissed an application brought by SWADEPA for an interim order allowing individual candidates to express their affiliation to political parties during the election campaign period.’

Swaziland ratified the ICCPR in 2004 and its initial report on progress was due by 2005, but by 2017 it had failed to report. After such a long delay the HRC reviewed of the kingdom in the absence of report. The November visit was an attempt to review progress since then.

See also

Swaziland quizzed on terror law

https://swazimedia.blogspot.com/2017/06/swaziland-quizzed-on-terror-law.html

Swaziland Supreme Court Dismisses Appeal to Unban Political Parties at Elections Without Hearing the Case

Swaziland’s Supreme Court dismissed a case that political parties should not be banned from contesting the election in the kingdom without hearing arguments.

It upheld an appeal to the High Court’s earlier decision to dismiss the case.

The Swazi Democratic Party (SWADEPA) brought the case that was about the rights to freedom of expression and association during the election campaign period. 

Political parties are banned from contesting the election that takes place on Friday (21 September 2018). In Swaziland (recently renamed Eswatini by the kingdom’s absolute monarch King Mswati III) people are only allowed to elect 59 members of the House of Assembly; another 10 are appointed by the King. None of the 30-strong Swazi Senate are elected by the people.

The King also appoints the Prime Minister and Cabinet as well as top judges and civil servants.

In a review of SWADEPA’s case just published the Southern Africa Litigation Centre (SALC) said it ‘was summarily dismissed in the Supreme Court without the Court hearing arguments on the appeal’.

It said SWADEPA took the Elections and Boundaries Commission (EBC) to court to prevent it from interfering with: The rights of candidates for election to the House of Assembly to express their political and/ or other views or policies; The rights of candidates to associate publicly with their chosen political parties; The rights of candidates to receive sponsorship and support from political parties; and the rights of political parties to provide sponsorship and support to their members.

According to Section 79 of the Swaziland Constitution the Tinkhundla-based system of government that exists in the kingdom emphasises individual merit as a basis for election to public office. 

‘This section has been interpreted by the government and the Elections and Boundaries Commission to exclude political parties from the electoral process, SALC said. 

It added, ‘In contrast, [SWADEPA] submitted that the reference to “individual merit” in section 79 means no more than a requirement that each candidate for election be considered based on what he or she brings to the table. They submitted that the case was necessary to ensure that registered voters will be able to exercise their right to vote knowing all relevant information about the candidates running for public office.”

It said the EBC’s response ‘was primarily focused on narrow, technical issues, largely avoiding the important substantive issues.

‘For example, they argued that the applicants had no right to raise the merits of the case before the Supreme Court, as the case was dismissed on technical grounds in the High Court.’

One of the technical grounds was that SWADEPA could not seek relief on behalf of all ‘registered voters who choose to run as candidates for election’, and that the relief sought must pertain to the individual applicants. 

The EBC also claimed that a similar issue had already been determined by the Supreme Court in 2009. In that case, the Supreme Court held that the Constitution did not prevent a member of a political party from seeking election as an independent candidate, and once elected, joining up with others who think similarly to operate as a unit. 

SALC said, ‘What the previous judgment did not address was the nature and extent of permissible political party participation in any candidate’s election campaign.’

It added, ‘[SWADEPA] sought very simple relief which would not have run contrary to the current electoral legislation and did not require anything from government. Both the High Court and the Supreme Court decided not to hear arguments from either side and instead raised matters on its own accord from the bench. These matters were of a procedural nature and avoided dealing with the merits of the case. This runs contrary to jurisprudence in constitutional matters where courts are normally enjoined to hear matters where rights violations are alleged even if the procedural grounds for bringing such matter might be flawed in some respect.’

See also

Organised Certainty, Why elections in Swaziland are not democratic

https://www.scribd.com/document/384752084/Organised-Certainty-Why-Elections-in-Swaziland-Are-Not-Democratic

Swaziland (Eswatini) Election 2018: Links to Information and Analysis From Swazi Media Commentary

https://swazimedia.blogspot.com/2018/09/swaziland-eswatini-election-2018-links.html

 

 

U.S. Ambassador Encourages Parties

https://swazimedia.blogspot.com/2018/03/us-ambassador-encourages-parties.html

 

Swaziland Must Embrace Political Parties to Get on Track After Years of Failure

https://swazimedia.blogspot.com/2018/08/swaziland-must-embrace-political.html