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Showing posts with label Sedition and Subversive Activities Act. Show all posts
Showing posts with label Sedition and Subversive Activities Act. Show all posts

Friday, 6 September 2024

Swaziland Newsletter No. 843 – 6 September 2024

 Swaziland Newsletter No. 843 – 6 September 2024

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.


Daughter of South Africa’s ex-president Zuma to be eSwatini king’s 16th wife

By Rachel Savage and agencies, The Guardian (UK), 3 September 2024

SOURCE

Engagement of Nomcebo Zuma, 21, to King Mswati, 56, confirmed at annual Umhlanga reed dance

A daughter of the former South African president Jacob Zuma and the king of Eswatini, formerly Swaziland, have become engaged during a traditional ceremony in which Nomcebo Zuma was among hundreds of women and girls dancing for the monarch.

Zuma, 21, appeared on Monday night at the annual reed dance as the liphovela – the royal fiancee or concubine – and will become King Mswati III’s 16th wife.

The 56-year-old king has led Africa’s last absolute monarchy since taking power in 1986, days after his 18th birthday, and has been criticised for his lavish lifestyle while most of the population lives in poverty.

The days-long reed dance is a traditional rite of womanhood, with young women singing and dancing bare-chested, wearing traditional clothing that includes anklets and thick colourful tassles, some carrying mock swords and shields.

Also known as the Umhlanga, it was regarded as an example of Eswatini’s “graceful” culture, said Bianca Dlamini-Holman, a Swazi influencer, in a 2023 YouTube vlog about that year’s dance. About 5,000 people attended this year’s celebrations at the Ludzidzini royal village in Lobamba.

It is not the first time King Mswati, who has dozens of children, has announced a much younger bride at the Umhlanga. In September 2005, 17-year-old Phindile Nkambule was presented as his 13th fiancee at a reed dance, with the BBC reporting at the time that she had caught his eye at the main dance the previous month.

Just days before, the king had rescinded a ban on sex for and with girls under 18, which he had implemented in an effort to fight HIV/Aids. Two months after imposing the ban in 2001, Mswati fined himself a cow for breaking his own rule by taking a 17-year-old as his ninth wife, according to the BBC.

The king rules the country of 1.2 million people by decree, with political parties banned and elected officials only existing in an advisory capacity.

In 2003, Mswati’s 10th wife, Zena Mahlangu, was abducted, aged 18, while preparing for her A-level exams, her mother, Lindiwe Dlamini, who fought an unsuccessful legal battle to have her daughter returned, alleged.

The king’s latest bride also comes from a large polygamous family. Jacob Zuma, 82, has been married six times and currently has four wives and more than 20 children.

He was South Africa’s president from 2009-18, when he was forced to resign by his African National Congress party after a series of corruption allegations. The shrewd political operator upended the country’s elections earlier this year, when his new uMkhonto we Sizwe party came third, with 14.6% of the vote.

 

Nomcebo Zuma (3rd L) and one of the king’s daughters, Princess Sakhizwe (2nd L), sing and dance with other young women during the Umhlanga reed dance. Photograph: Emmanuel Croset/AFP/Getty Images

See also

Eswatini-Zuma Marriage: political, economic, and social implications for Eswatini and South Africa

https://lansinginstitute.org/2024/09/03/eswatini-zuma-marriage-political-economic-and-social-implications-for-eswatini-and-south-africa/

Political power play or family ties? Views vary on Eswatini-Zuma marriage

https://www.voanews.com/a/political-power-play-or-family-ties-views-vary-on-eswatini-zuma-marriage-/7766067.html

Ex-SA president Zuma’s daughter adorned with emagwalagwala

http://www.times.co.sz/news/146882-ex-sa-president-zuma%E2%80%99s-daughter-adorned-with-emagwalagwala.html

Inkhosikati LaGija spends over ten years without seeing King Mswati, under punishment for previously escaping from the Palace amid allegations of physical abuse by husband.

https://swazilandnews.co.za/fundza.php?nguyiphi=7265

 

eSwatini Government foreign registered rented cars used to hunt and kill human rights defenders

By Musa Mdluli, Swaziland News, 3 September, 2024

SOURCE 

MBABANE: In a country where the law including traffic laws are applied to the ordinary citizens, police officers who are sometimes converted to be ‘hitmen’ for the King Mswati cruel and oppressive regime, are allowed to drive around with foreign registered cars pasted with a police number plate on top.

An alleged foreign registered Toyota Hilux GD6 with a police number plate GSD 520 PO pasted on top, was seen at the SwaziPlaza Mbabane Police Post on Tuesday morning, these cars are allegedly used either to hunt human rights defenders or kidnap children or ordinary citizens to be murdered for alleged ritual purposes.

Government would then issue a statement blaming foreigners traveling in foreign registered cars when in fact, these are alleged State agents on ‘State duties’.

Senior Superintendent Phindile Vilakati,the Police Spokesperson declined to comment.

Reached for comments by this Swaziland News on Tuesday, Sibongile Mazibuko, the President of the Ngwane National Liberatory Congress (NNLC) first thanked this publication for exposing the suspicious cars, she then urged the public to take pictures and sent to the editor wherever they see these vehicles.

“These vehicles are also allegedly used to kill citizens particularly during Incwala ritual ceremony, so we thank the Swaziland News for monitoring this. We urge citizens to take pictures of these vehicles including their drivers so that, when a child or a citizen disappears, we can ask those people. You will recall that, the vehicle that abducted a child at Nyanyali during Incwala was also foreign registered and the police later came-in to assault and intimidate the mother for demanding her child. There’s absolutely no reason to paste a number plate on top just to cover the original one, it’s illegal and if I can do this, the police could arrest me. Why cover a number plate if the vehicle is clean and used for genuine assignments?”, said the NNLC President.

Tinyanga to hospitals: refer some patients to us

By Thokozani Mamba, Times of eSwatini, 5 September 2024

SOURCE 

SITEKI: Traditional healers (tinyanga) want hospitals to be empowered to refer some patients to them for treatment in healing huts known as tindumba.

Such referral prescriptions have to be authorised by the Ministry of Health. Yesterday, close to 100 tinyanga from across the country converged at the Siteki Town Council Hall, to commemorate the World Traditional Medicine Celebration Day. Chairman of the Traditional Witchdoctors Association (TWDA), Makhanya Makhanya, thanked the World Health Organisation (WHO), Ministry of Health and Georgetown University (GU) for the working partnership with tinyanga.

Makhanya said as traditional healers, they are impressed with the attention and recognition extended by the health organisations. The chairman then requested the ministry to foster a long-term working relationship with them, by ensuring the ministry formulates referral prescriptions to documented tinyanga, so they can be treated at their tindumba. He mentioned that the association will also issue referral prescriptions to health facilities if their patients need the attention of medical practitioners.

To read more of this report, click here

http://www.times.co.sz/news/146937-tinyanga-to-hospitals-refer-some-patients-to-us.html

 

Supreme Court decision upholding repressive security laws is a blow to human rights

International Commission of Jurists, 30 August 2024

SOURCE 

The Supreme Court Judgment paves the way for ongoing repression of freedom of expression in the Kingdom.

The International Commission of Jurists (ICJ) is concerned that an ill-considered judgment issued on 13 August 2024 by Eswatini’s Supreme Court will allow for the continued overexpansive use of national security and counterterrorism laws to violate human rights and fundamental freedoms.

The Court’s decision in Prime Minister of Eswatini and Another v. Thulani Maseko and Six Others overrules a 2016 decision of the High Court, which had declared draconian provisions of the Sedition and Subversive Activities Act of 1938 and the Suppression of Terrorism Act No. 11 of 2008 to be unlawful.

The ICJ now calls on Eswatini to repeal the Sedition and Subversive Activities Act and the Suppression of Terrorism Act or to amend them to comply with Eswatini’s international legal obligations and ensure full compliance with international law.

“Over a long period of time, the Eswatini government has abused these already problematic laws to criminalize freedom of expression, target human rights defenders, and harass, intimidate, and ultimately silence those who  exercise their right to public and political participation, including the political opposition in the country,” said Kaajal Ramjathan-Keogh, ICJ’s Africa Director.

The ICJ considers that these laws are vague and overbroad, in contravention of the principle of legality, and non-compliant with Eswatini’s international legal obligations to protect freedom of expression, association, assembly, and political participation.

The overbreadth of these laws and their abuse by the Eswatini authorities was in stark evidence by the conviction and sentencing of Members of Parliament Mduduzi Bacede Mabuza to 85 years and Mthandeni Dube to 58 years in July 2024. The charges, which arose in the context of widespread protest for democratic reform in Eswatini in June 2021, have been characterized by the African Commission on Human and People’s Rights as “politically motivated”. The accused had neither committed nor encouraged the commission of any acts of violence but merely had exercised their right to freedom of expression in advocating that members of Eswatini society should exercise human rights and advocate for democratic reform.

“The newly rendered Supreme Court ruling, along with the prosecution and conviction of Mduduzi Bacede Mabuza and Mthandeni Dube for the exercise of their rights, represents a continuation of the weaponization of the law in Eswatini to suppress political opponents and human rights defenders,” added Ramjathan-Keogh.

To read more of this report, click here

https://www.icj.org/eswatini-supreme-court-decision-upholding-repressive-security-laws-is-a-blow-to-human-rights/

 

Sex workers hold indaba, fear monkeypox

By Sabelo Ndzinisa, eSwatini News, 31 August 2024

SOURCE

MBABANE: As the kingdom prepares for what promises to be a hectic weekend of events, there are health concerns related to sex workers and the monkeypox threat.

The country will be hosting a triple-header of high-profile events, including the Reed Dance Ceremony, Eswatini International Trade Fair and the bike event to be hosted at the Rider’s Ranch at Sidvokodvo. It is anticipated that a number of visitors from different countries will attend some of these events. There was an indaba for sex workers in the country yesterday, at SibaneSami Hotel, in Ezulwini, where they raised a number of concerns. They complained of being excluded from important health discussions, alleging that they are not educated about how they can protect themselves from diseases like HIV/AIDS and Mpox formerly known as monkeypox. Important to note is that the Ministry of Health was represented during this indaba, along with the Human Rights Commission and Ministry of Justice and Constitutional Affairs.

It has also been gathered that police were invited to be part of the meeting, but allegedly did not show up, according to Lungile Khumalo, who handles sex workers’ issues in the country.  

Khumalo admitted to Eswatini News that sex workers are vulnerable to diseases because they are not educated or capacitated on how to protect themselves. She said due to financial vulnerability, some sex workers are allegedly raped and abused by clients, exposing them to infections like HIV/AIDS. “Socially, sex workers are treated badly, which explains why they are not included in educational health programmes. We have noted a sharp rise in HIV/AIDS infections among them, because they are not educated on health preventative measures,” she said. Khumalo said it was time for government to change the mindset towards sex workers and embrace them  as part of society. She stated that during the indaba, the sex workers admitted that they feel left out, not just on health education, but job opportunities as well.   

To read more of this report, click here

http://www.times.co.sz/news/146866-sex-workers-hold-indaba-fear-monkeypox.html

 

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Wednesday, 27 May 2020

Swazi state opposes bail for activist who criticised absolute monarch, faces sedition charge


Ncamiso Ngcamphalala, the Swaziland (eSwatini) democracy activist arrested for sedition after he was quoted in a news report criticising absolute monarch King Mswati III, had an application for bail opposed at the Swazi High Court.

Detailed papers have yet to be filed in the case. Ngcamphalala asked to be released on bail until the court case was heard. In Swaziland, defendants are often held in jail for many years awaiting trial. He told the court his two children had been reduced ‘to mere beggars’ while he was locked up.

Ngcamphalala was arrested on 1 May 2020 and charged with an offence under the Sedition and Subversive Activities Act 1938. The bail application is still pending.

Ngcamphalala who is President of the Swaziland Economic Freedom Fighters (EFF), was charged for comments he made in an a article published by Swati Newsweek, a news website.

In the report Ngcamphalala was quoted saying, ‘We want government to change people’s lives, the Swazi Monarchy must know its place. We respect the King, but respect is earned and when pushed into a corner; we will be forced to retaliate. We unapologetically stand for multi-party democracy.’

In Swaziland, King Mswati chooses the Prime Minister and government ministers as well as top judges and civil servants. Political parties cannot take part in elections and groups campaigning for democratic reforms are banned under the Suppression of Terrorism Act.

In April, Eugene Dube, the Swati Newsweek editor, was arrested, tortured by police and threatened with a charge of treason for publishing the report.




Ncamiso Ngcamphalala, President of the Economic Freedom Fighters-Swaziland

Separately, the Media Institute of Southern Africa (Zimbabwe) has drawn attention to two Swaziland journalists, Zweli Martin Dlamini and Eugene Dube who fled the kingdom to South Africa, fearing their lives were in danger.

In statement it said, ‘Dlamini, the editor of Swaziland News, had in April written a story that King Mswati had contracted COVID-19. The police reportedly visited his home where they allegedly harassed his family members.

‘On the other hand, Royal Police visited Dube’s house, at least three times, seeking to interrogate him because the authorities were upset that he was reporting about the activities of an opposition group.

‘The police, on the other hand, claim they wanted to arrest Dube, the editor of Swati Newsweek because he had contravened COVID-19 lockdown regulations. He was detained for nine hours on 23 April, but Dube said the police did not question him on the alleged contravention of lockdown regulations.’

‘We urge the eSwatini authorities to guarantee the safety of the two journalists.’
Dube has written about how he fled from the Swazi police and hid out in a forest for five days.


See also

Swaziland journalist critical of King flees, hides in forest five days

Swaziland journalist critical of absolute monarch, beaten, arrested, faces treason charge

‘No media freedom’ in Swaziland, Reporters Without Borders annual report states
Swaziland journalist ‘tortured by police after criticising absolute monarch in newspaper articles’
https://swazimedia.blogspot.com/2020/03/swaziland-journalist-tortured-by-police.html

Newspaper editor flees Swaziland for second time after arrest and police torture
https://swazimedia.blogspot.com/2020/03/newspaper-editor-flees-swaziland-for.html




Wednesday, 20 May 2020

Swaziland activist who called on King to be charged with human rights crimes freed from jail after a year

Goodwill Sibiya, the democracy activist who was arrested after calling for King Mswati III the absolute monarch of Swaziland (eSwatini), to be charged with embezzlement and human rights violations has been released from jail after a year.

He had been charged with terrorism and sedition. All charges against him have been dropped.

Sibiya is a senior member of the People’s United Democratic Movement (PUDEMO) and the Communist Party. Both organisations are banned under the Suppression of Terrorism Act. He is also a founding member of a little-known group called the Economic Freedom Guerrillas.

He was charged in May 2019 after he made a legal statement calling for the King to be charged for the ‘embezzlement of states funds’ through his use of money generated by Tibiyo Taka Ngwane, a conglomerate of businesses that is controlled by the King on behalf of the Swazi people; mining royalties and income from MTN the mobile phone company.

In a list of accusations, Sibiya said the King stripped the powers of two chiefs to the benefit of his brother Prince Maguga. The King forcefully grabbed young girls to be his wives and the King appointed Barnabas Dlamini as Prime Minister in contravention of the constitution, ‘so that he can meet his own greedy interest’.


Goodwill Sibiya
In Swaziland, King Mswati rules as an absolute monarch, political parties are banned from taking part in elections and he chooses the prime minister and government members. He is immune from any prosecution under s11 of the Swaziland Constitution.

Opposition to the King is crushed by use of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act. Both Acts have been used to stop advocates for democratic reform.

Sibiya was originally charged on two counts. In the first, he is alleged to have professed to be a member the People’s United Democratic Movement (PUDEMO) and the Communist Party of Swaziland which are banned under the Suppression of Terrorism Act. He is also charged with being a member of the South African Economic Freedom Guerrillas.

In the second count, Sibiya is alleged to have unlawfully attested to an affidavit containing ‘falsehoods’ with the intention to bring into hatred or contempt or to excite disaffection against the King in breach of the Sedition and Subversive Activities Act.


The charge under the Suppression of Terrorism Act was withdrawn in October 2019. He was released on Tuesday (19 May 2020) after the other charge was dropped.

Sibiya’s case attracted international attention. The United States in its annual report on human rights in Swaziland listed him as a ‘political prisoner’.

See also

Swaziland activist who called for prosecution of King for embezzlement charged under terrorism law
Swaziland State wants activist who tried to prosecute absolute monarch to take mental tests

Thursday, 15 August 2019

Swaziland State wants activist who tried to prosecute absolute monarch to take mental tests

State prosecutors in Swaziland / eSwatini want to have a political activist who tried to have absolute monarch King Mswati III prosecuted by the High Court on embezzlement and other alleged crimes taken away for mental evaluation.

Goodwill Sibiya took out papers in January 2019 and had them accepted by police before he took them to the High Court. He was arrested and charged under the Suppression of Terrorism and Sedition and Subversive Activities acts.

Now, media in Swaziland are reporting that an application has been made for Sibiya to be forced to undertake psychiatric tests. A case in the High Court against Sibiya has already started.

He is charged on two counts. In the first, he is alleged to have professed to be a member the People’s United Democratic Movement (PUDEMO) and the Communist Party of Swaziland which are banned under the Suppression of Terrorism Act. He is also charged with being a member of the South African Economic Freedom Guerrillas.

In the second count, Sibiya is alleged to have unlawfully attested to an affidavit containing ‘falsehoods’ with the intention to bring into hatred or contempt or to excite disaffection against the King in breach of the Sedition and Subversive Activities Act.


Media in Swaziland are not reporting the contents of that affidavit. In his legal statement Sibiya called for the King to be charged for the ‘embezzlement of states funds’ through his use of money generated by Tibiyo Taka Ngwane, a conglomerate of businesses that is controlled by the King on behalf of the Swazi people; mining royalties and income from MTN the mobile phone company. 

In a list of accusations, Sibiya said the King stripped the powers of two chiefs to the benefit of his brother Prince Maguga. The King forcefully grabbed young girls to be his wives and the King appointed Barnabas Dlamini as Prime Minister in contravention of the constitution, ‘so that he can meet his own greedy interest’.

The statement made at the Nhlangano police station was dated 21 January 2019. Sibiya attempted to file the document at the High Court on 21 May 2019, but was stopped by staff members who then informed the police.

Police raided Sibiya’s home with a warrant searching for documents that brought ‘hatred to and incited dissatisfaction against the King’. Sibiya was arrested.

In Swaziland, King Mswati rules as an absolute monarch, political parties are banned from taking part in elections and he chooses the prime minister and government members. He is immune from any prosecution under s11 of the Swaziland Constitution.

Opposition to the King is crushed by use of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act. Both Acts have been used to stop advocates for democratic reform.

In September 2016, the Swaziland High Court ruled parts of the two Acts were unconstitutional. The Government appealed the case to the Supreme Court
and it has yet to be heard.

See also

Swaziland fails human rights test
Swaziland quizzed on terror law

Thursday, 18 July 2019

Human Rights Watch adds to criticism of Swaziland’s freedom abuses

Another human rights group has criticised the Swaziland / eSwatini state for restricting freedom of association and assembly. Swaziland is ruled by King Mswati III as an absolute monarch.

Human Rights Watch in a report detailing events during 2018 stated, ‘Restrictions on freedom of association and assembly continued in 2018. Although Eswatini signed the African Charter on Democracy, Elections and Governance in January, the government has not taken steps to ratify and implement the charter.

‘A few days before the September elections, public sector workers, including teachers and nurses under the umbrella of the Trade Union Congress of Swaziland (TUCOSWA), embarked on protests over salaries across the country.  Police responded in a heavy-handed manner, beating and injuring protesters in Manzini. 

‘Earlier in June, police injured at least four workers protesting alleged corruption in government. These incidents occurred despite the new Police Service Act of 2018 that provides that “the police shall respect and protect human dignity and human rights,” and that “police officers are prohibited from inflicting or tolerating any act of torture or cruel, inhuman or degrading treatment.”’

Human Rights Watch also reported, ‘King Mswati holds supreme executive power over the parliament and judiciary by virtue of a 1973 state of emergency decree. The country’s courts have upheld the legality of the decree. This is contrary to the 2005 constitution, which in accordance with the 2007 African Charter on Democracy, Elections and Governance, provides for three separate organs of government—the executive, legislature, and judiciary.  The prime minister theoretically holds executive authority, but in reality, King Mswati exercises supreme executive power and also controls the judiciary.

‘The 2005 constitution provides for equality before the law, but also elevates the king above the law. In 2018, in an apparent exercise of his absolute executive powers, the king renamed the country without parliamentary approval or the requisite constitutional change.

‘The Sedition and Subversive Activities Act, which restricts freedom of expression through criminalizing alleged seditious publications and the use of alleged seditious words, such as those which “may excite disaffection” against the king, remained in force in 2018.  In February, then-Prime Minister Barnabas Dlamini said that a newspaper, Swaziland Shopping, was shut because it criticized the government. Its editor, Zweli Martin Dlamini fled the country in January after allegedly receiving death threats for implicating King Mswati in a corruption case.’

Human rights violations in Swaziland have been well documented. Recently, the United States Department of State in its annual review of the kingdom, highlighted ‘human rights issues’ across a wide range of areas which included, ‘restrictions on political participation, corruption, rape and violence against women linked in part to government inaction, criminalization of same-sex sexual conduct, although rarely enforced, and child labor’. 

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

No appetite by Swaziland to investigate human rights abuses, corruption: U.S. report
Swaziland public services in meltdown and corruption goes unchecked: new report surveys the kingdom

Wednesday, 20 March 2019

Not enough Supreme Court judges so Swaziland Terrorism Act appeal postponed

The Supreme Court in Swaziland /eSwatini postponed hearing the government’s appeal against a judgement declaring parts of the Sedition and Subversive Activities Act and Suppression of Terrorism Act unconstitutional because it did not have enough judges to form a bench.

Usually, the Chief Justice Bheki Maphalala sits with four other judges. The Times of Swaziland on Wednesday (20 March 2019) reported there were seven judges in the Supreme Court and Maphalala said a majority of them had dealt with the matter one way or the other in the past.

He said the case would be postponed until they could find sufficient judges.

The case had originally been tabled for October 2017 but did not go ahead because the government’s representatives did not attend court. The case was reinstated in March 2018 and has taken a  year to get to its current position.

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 two Acts were unconstitutional. Judges said 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 overturned.

In 2015 Amnesty International renewed its criticism of Swaziland for the ‘continued persecution of peaceful political opponents and critics’ by the King and his authorities. 

The human rights organisation called for the two Acts to be scrapped  or drastically rewritten.

It said the Swazi authorities were using the Acts, ‘to intimidate activists, further entrench political exclusion and to restrict the exercise of the rights to freedom of expression, association and peaceful assembly.’

Amnesty said the Sedition and Subversive Activities Act violated Swaziland’s human rights obligations. It placed the onus on the accused to prove that their alleged acts, utterances or documents published were not done with ‘seditious intention’.

The Act also obliged courts to conduct proceedings in camera relating to an offence under the Act if so requested by the prosecution. 

Amnesty also said the Suppression of Terrorism Act was incompatible with Swaziland’s human rights obligations because of, ‘The failure to restrict the definition of ‘terrorist act’ to the threatened or actual use of violence against civilians; 

‘The failure of the definition to meet the requirements of legality, that is, accessibility, precision, applicability to counter-terrorism alone, non-discrimination and non-retroactivity.’

It added offences were, ‘defined with such over-breadth and imprecision that they place excessive restrictions on a wide range of human rights, including the right to hold opinions without interference and the right to freedom of expression.’

See also

Scrap Swazi Terror Act – Amnesty
No amnesty in ‘terror’ cases
Swazi Terror Act stops free speech
‘Opposition to King is terrorism’

Wednesday, 30 May 2018

SWAZI LAW USED AGAINST HUMAN RIGHTS

Laws in Swaziland have been used by the State as weapons against human rights defenders, a major investigation of the kingdom by international lawyers revealed.

‘There is a growing perception that the law, in particular the law of sedition, defamation, public order and anti-terrorism is systematically used to target human rights defenders (HRDs) and legitimate pro-democracy campaigners,’ the International Commission of Jurists (ICJ) reported.

It stated, ‘As far back as 1990, the Sedition and Subversive Activities Act 1938 (SSA) and the King’s 1973 Proclamation to the Nation were used against HRDs and legitimate pro-democracy campaigners. Leaders of the pro-democracy banned political opposition, the Peoples’ United Democratic Movement, were charged and tried for high treason for having convened a meeting to discuss the political problems in the country,’ it stated in a report called Achieving Justice for Gross Human Rights Violations in Swaziland - Key Challenges.

It added, ‘This approach has continued, with Amnesty International recently concluding that: “Legislation continued to be used to repress dissent”. In 1994, members of the Swaziland Youth Congress (SWAYOCO) and the Swaziland Communist Party were arrested and charged under the Sedition Act for being in possession of seditious placards. They were also charged under the King’s Proclamation for holding either a demonstration or a political meeting without the prior written consent of the Commissioner of Police. The High Court found them not guilty on the sedition charge, but convicted them on the contravention of Decree No. 13 of the King’s Proclamation.

‘In 2001, the leader of the People’s United Democratic (PUDEMO), was charged with two counts under the Sedition Act, accused of allegedly making statements that were seditious. At the close of the Crown’s case he was acquitted and discharged of the first count, and called to his defence on the second count. He was later acquitted on the second count as well. The judiciary proved to be able to exercise its judicial function independently and impartially without fear or favour. In 2005, a group of HRDs and legitimate pro-democracy campaigners were charged under the sedition law for allegedly committing acts of violence against the State. In the bail application they told the court that, while in custody, they had been subjected to torture and cruel and degrading treatment by State security agencies.

‘The court ordered that “the Prime Minister of the Kingdom of Swaziland in liaison with the Minister responsible for Justice and Constitutional Affairs, urgently, in the interest of justice and in the national interest, establish a commission of enquiry into the allegations that are before court concerning torture and denying basic human rights enshrined in our Constitution, to investigate and to report publicly the outcome within a reasonable time”.

‘Despite the court’s order, no such commission was set up and no report was made. The HRDs were released on bail and to date [May 2018] the matter has not been called for trial. Neither the applicants nor the DPP have made any follow-up on the order for an inquiry, albeit that nothing prevents the applicants from instituting contempt of court proceedings for the Minister’s failure to give effect to the court order. 

‘In 2008, following a spate of bombings of some Government buildings and some tinkhundla centres, the Suppression of Terrorism Act 2008 (STA) was enacted. As soon as the Act entered into force, PUDEMO and three other organizations were listed as terrorist organizations under section 28 of the STA.

‘In the same year, its leader Mario Masuku was charged under the STA and, alternatively, under the SSA. In September 2009 he was acquitted and discharged by the High Court of Swaziland, because the State failed to prove the its case. 

‘Also in 2008, human rights lawyer Thulani Maseko was arrested and charged under the SSA. He was released on bail and subsequently filed an application to the High Court challenging the constitutional validity of the SSA having regard to the Bill of Rights’ guarantee of the right to freedom of expression and opinion.

‘This case was consolidated with others that challenged the same law, together with the Suppression of Terrorism Act.  In 2009, another member of the listed PUDEMO, Mphandlana Shongwe, was charged under the STA for shouting a slogan “Viva PUDEMO, viva SWAYOCO” at a civil society meeting. At his first appearance before the High Court, he was released on bail. To date, his case has not been called for trial.  

‘In May 2014, Mario Masuku (leader of the PUDEMO) and Maxwell Dlamini (student leader and member of the PUDEMO youth league, the Swaziland Youth Congress, SWAYOCO) were charged under the SSA and STA for having addressed workers on Workers’ Day in Manzini, and shouting slogans in support of PUDEMO, an organisation listed as a terrorist organisation under the STA. Initially denied bail, they were kept in pre-trial detention from May 2014 until July 2016. They were eventually granted conditional bail and released by the Supreme Court, one of those conditions being that they should “refrain from addressing public political gatherings  pending finalisation of the criminal trial”. Although the Order was made by consent, its effect was that, for as long as they were awaiting trial, these pro-democracy campaigners were deprived of their rights to freedom of  speech, assembly and association and to take part in the discourse of public affairs. 

‘Also in 2014, a group of seven members of the PUDEMO were arrested and charged under the STA and the SSA. They, as well as Maxwell Dlamini and Mario Masuku, filed separate applications at the High Court to challenge the constitutional validity of the SSA and the STA. All the matters challenging the constitutional validity of the two pieces of legislation were consolidated and heard by a full bench of the High Court, which, in September 2016, delivered its judgment. The relevant provisions of the SSA and STA were held to be unconstitutional and were set aside. 

‘Although the Government noted an intended appeal against the judgment, it failed to file the appeal as required by the Rules of the Supreme Court. On 21 November 2017, the Supreme Court struck off the matter and ordered that it should not be reinstated unless with the leave of the Court. On 5 December 2017 the Government filed an application for reinstatement. The application for leave was heard on 13 February 2018. The Supreme Court’s reserved judgment allowed the appeal to be reinstated, finding that: “…the importance of the matters arising from the appeal and form the view that it would leave a bitter after taste in the Court’s palate for such serious matters to be decided by default as it were, due to the confusion that seems to have reigned at the office of the Attorney-General”. 

‘The persecution through the law and prosecution of HRDs and legitimate prodemocracy campaigners continue unabated, even in the face of recommendations of the UN’s Universal Periodic Review (UPR) process. Although, in both the 2011 and 2016 UPR of Swaziland, the Government accepted recommendations to fully align the SSA and STA with the Constitution of Swaziland and the State’s obligations not to impede the right to freedom of expression, association and assembly, it has failed to do so.’

The ICJ report added, ‘In 2017, the Government of Swaziland amended the STA and repealed the Public Order Act (POA). The amendments to the STA are very cosmetic, while the new POA is comprehensive. Under section 28(1) of the POA, the Minister responsible for national security and the Police Service (the Prime Minister) has published the Code of Good Practice. Although the requirement of a permit for holding public gatherings and processions has been dispensed with in favour of a notice procedure, the local authority and/or the Commissioner of Police have the power to prohibit an intended gathering.161 Given the wide discretionary powers of the National Commissioner of Police to prohibit events,162 there is concern that such prohibition is may be applied in an arbitrary, unnecessary and/or disproportionate manner, contrary to international human rights standards on the regulation and policing of gatherings.’

See also

SWAZILAND FAILS HUMAN RIGHTS TEST
SWAZILAND QUIZZED ON TERROR LAW
SWAZI HUMAN RIGHTS RECORD KILLS AGOA
http://swazimedia.blogspot.com/2014/05/swazi-human-rights-record-kills-agoa.html