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The charge under the Suppression of Terrorism Act was withdrawn in October 2019.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

https://swazimedia.blogspot.com/2019/05/swaziland-activist-who-called-for.html

 

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

https://swazimedia.blogspot.com/2019/08/swaziland-state-wants-activist-who.html

Swaziland Govt or agents ‘committed unlawful killings’, new human rights report states

The Swaziland (eSwatini) government and its agents committed ‘arbitrary or unlawful killings’, according to reports, the latest United States report on human rights in the kingdom states.

The annual report, recently released, covered the year 2019.

It stated, ‘There were reports that the government or its agents committed arbitrary or unlawful killings.

‘In June police shot and killed a man suspected for harboring prison escapees and drug dealing. There were no reports that the suspect attacked or otherwise threatened police.

‘In early June a man was found severely injured after being questioned by police. The man’s cousin alleged that the man was beaten by police, and then left to die in a secluded area some 18 miles away. Police stated that they had questioned the person, decided not to charge him, and then gave him a ride to a nearby town. The man died in the hospital almost two months later. REPS [Royal eSwatini Police Service] promised to investigate, but there were no further reports concerning any investigation or disciplinary action by year’s end.’

The report was published by the United States State Department.

It highlighted cases of torture by police. It stated, ‘During the year two officers were charged with homicide in relation to their alleged roles in the 2015 death of a detainee during an interrogation. Three additional officers were investigated for torture in response to a referral from the Commission on Human Rights and Public Administration Integrity.

‘In February the High Court awarded 70,000 emalangeni (US$4,870) damages for pain and suffering to a man who was assaulted by members of the UEDF [the Army] in 2003. There also were scattered reports throughout the country of cruel, inhuman, and degrading treatment by “community police”–untrained, volunteer security personnel who exist outside the country’s formal legal structures and are empowered by rural communities to act as vigilantes, patrolling against rural crimes such as cattle rustling. 

‘In August five community police members in Sihhohweni punched, kicked, and beat a man with a broomstick so severely that he needed to be hospitalized. The abuse was reported to the REPS, and the community police members were arrested for assault. The magistrate found them guilty and sentenced each to 10 months’ imprisonment with an option of a 2,000 emalangeni (US$140) fine. In October a UEDF member was sentenced to 10 years’ imprisonment with an option of a 14,000 emalangeni (US$975) fine for an off-duty xenophobic assault on a Mozambican national.’

Under the heading ‘Political Prisoners and Detainees’ the report also highlighted the case of democracy activist Goodwill Sibiya who had been in lengthy pretrial detained ‘for criticism of the king’.

King Mswati III rules Swaziland as an absolute monarch.

The report stated, ‘In May activist Goodwill Sibiya filed an application in civil court accusing the king of embezzlement and lawlessness and demanded that he be arrested. Authorities arrested Sibiya and charged him with belonging to a terrorist group and with violating a section of the Sedition and Subversive Activities (SSA) Act ruled unconstitutional in 2016 by the High Court. 

‘In September the High Court ruled the government could not charge someone under a section of law that had been declared unconstitutional. The government responded by dismissing the SSA charge against Sibiya; however, the activist remained in prison awaiting trial on a Suppression of Terrorism Act charge at year’s end.’

See also

No let-up in restrictions of freedom of association and assembly in Swaziland: Human Rights Watch

https://swazimedia.blogspot.com/2020/01/no-let-up-in-restrictions-of-freedom-of.html

 

Swaziland police ‘beat teenager to death to make him confess to crime he did not commit’

https://swazimedia.blogspot.com/2019/10/swaziland-police-beat-teenager-to-death.html

Swaziland activist who called for prosecution of King for embezzlement charged under terrorism law

https://swazimedia.blogspot.com/2019/05/swaziland-activist-who-called-for.html

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

https://swazimedia.blogspot.com/2017/11/swaziland-fails-human-rights-test.html

Swaziland quizzed on terror law

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

Swaziland activist who called for prosecution of King for embezzlement charged under terrorism law

A political opposition activist in Swaziland / eSwatini has been charged under terrorism and sedition laws for calling on absolute monarch King Mswati III to be prosecuted for embezzlement and human rights violations. 

Goodwill 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.

Sibiya 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’.

The statement made at the Nhlangano police station was dated 21 January 2019. According to the Times of Swaziland (27 May 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.

The Times reported police raided Sibiya’s home with a warrant searching for documents that brought ‘hatred to and incited dissatisfaction against the King’. In its report the Times did not detail Sibiya’s accusations, ‘because of their sensitive nature which borders on treason’.

Sibiya was arrested and appeared at the High Court on Sunday. He was remanded in custody until 1 June 2019.

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 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 also violated Swaziland’s human rights obligations. 

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

Swazi law used against human rights

https://swazimedia.blogspot.com/2018/05/swazi-law-used-against-human-rights.html

POLICE JAIL MAN COURT HAD FREED

If you don’t believe the Swazi police are a law unto themselves, here’s the story of Goodwill Sibiya.

Goodwill was arrested and charged with assaulting a police officer during the Global Week of Action for democracy in Swaziland last month (September 2010).

He was kept in a cell overnight and next day he was taken to court where he was acquitted. That means he did nothing wrong and was free to go home.

But the police had other ideas.

Instead of releasing Goodwill, the police put him back in the cells.

Goodwill told the Times of Swaziland, the only independent daily newspaper in Swaziland, he was the first suspect to be brought up for trial and was released as early as 10am but had to wait for the other suspects so that they could go fetch their things from the police station.

‘However, at the police station, and to his surprise, police officers refused to release him arguing that there was no instrument they could use to release him from their custody,’ the Times reported.

Goodwill said that despite protesting that he had been released by the court the police refused to allow him to his freedom.

‘I asked to call my lawyer and they refused and had to spend the entire day in custody wrongly,’ he said.

‘I think they did this because I won a case against the police.’

A Swazi police spokesperson said they had no record of the illegal detention and if Goodwill has a problem with that he should take them to court.