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Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, 12 July 2024

Swaziland Newsletter No. 835 – 12 July 2024

 

Swaziland Newsletter No. 835 – 12 July 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.

 

Global support key to fighting eSwatini abuses

Legalbrief Africa, 8 July 2024,

SOURCE

eSwatini received a score of 17 out of 100 in Freedom House’s Freedom in the World 2024 report. It scored one out of 40 on political freedoms and 16 out of 60 for civil liberties, with a conclusion that eSwatini was ‘not free’. The country’s score has been consistently low for years, correlating with its entrenched culture of impunity for human rights abuses. Human Rights Watch’s Nomathamsanqa Masiko-Mpaka says there has been no accountability for the security forces’ crackdown on pro-democracy protesters three years ago, despite the deaths of at least 46 people and up to 390 others injured, at least 265 of them with gunshot wounds. ‘On the contrary, the government has intensified its assault on dissenting views by arresting government critics on bogus charges, interfering with peaceful assembly and resisting calls for democratic reforms.’ In a column on the Mail & Guardian Online site, Masiko-Mpaka notes it has been more than 500 days since Thulani Maseko – a prominent human rights lawyer and opposition activist – was killed in January 2023. His wife, Tanele Maseko, commented: ‘We need an independent and internationally-led investigation into Thulani’s assassination. The government that jailed and then killed him cannot investigate itself.’

Masiko-Mpaka says the role that global, continental and regional actors can play cannot be overstated. Amnesty International has initiated a week of action campaign with the hashtag #500days to demand decisive action and accountability regarding the ‘stagnant’ investigation. The campaign seeks to rally activists globally to mobilise and enter discussions with Foreign Affairs Ministers and eSwatini diplomatic missions in their own countries. ‘Such initiatives should be encouraged, supported and – where possible – scaled up to ensure that the calls for justice and accountability ring out from all corners of the world to put pressure on eSwatini authorities to do the right thing.’ Masiko-Mpaka says if there are to be democratic reforms in Africa’s last absolute monarchy, global and continental solidarity may be the spark that will set alight the flame. ‘May the spark that brings democracy, rule of law and human rights shine bright in the kingdom of eSwatini and that people from other countries will reach out to that country’s people to provide the solidarity they have long deserved.’

Full Thought Leader column on the Mail & Guardian Online site

https://mg.co.za/thought-leader/opinion/2024-07-03-unite-to-fight-for-human-rights-in-eswatini/

 

15 family members share one room

By Thokozani Mazibuko, eSwatini Daily News, 7 July 2024

SOURCE


In A heartbreaking disclosure, 23-year-old Thembelihle Dlamini from the Nyakeni area under the Kukhanyeni Constituency has shared her family’s struggle to survive on the meagre Elderly Grants received by both her parents, who are persons living with disabilities.


According to Thembelihle, the grant they receive is the only source of income for their family, which includes herself, her disabled parents, and three siblings who also have disabilities.

In an interview with the Eswatini Sunday, Dlamini said they pay for a high school pupil’s school fees every month from their parents’ social grant, as the pupil is a member of the family.

“The school fees cost over E7000, and we have no option but to use the social grant money to pay in instalments. We pay E500 monthly and we are left with E300 for food and groceries,” Dlamini disclosed.

It is worth mentioning that the Dlamini family’s situation sheds light on the harsh realities faced by many families in Eswatini who are living with disabilities and struggling to make ends meet.

With a total of five disabled family members reliant on modest Elderly Grants, Thembelihle’s family faces immense challenges in meeting basic needs and covering essential expenses like food, clothing, and medical care.

“We are a family of girls and boys, and we all spend a night in this one-room stick and mud accommodation. We urge the Nation to come to our rescue,” Thembelihle said.

Thembelihle has bravely spoken out about the difficulties her family is facing, drawing attention to the urgent need for support and assistance for families living with disabilities in Eswatini. She emphasizes the importance of creating a more inclusive and supportive society that provides resources and opportunities for individuals with disabilities to live dignified and fulfilling lives.

To read more of this report, click here

https://swazidailynews.com/2024/07/07/15-family-members-share-one-room/


Political activists who fail to respect media freedom and the independence of editors are future dictators

Opinion by Zweli Martin Dlamini, Swaziland News, 8 July, 2024

SOURCE 

Freedom of expression and opinion suggests that even journalists or editors are subject to criticism, anyone is free to hold a different opinion to that of editors or journalists.

But it has become a norm for some political activists to conclude that if this journalist writes anything positive about the King, that means he has been captured by Mswati.

We are in court with the King and the Government of eSwatini and this was triggered by my refusal to be controlled by the State, I don’t expect political novices to do the same.

Any person who fights for democracy ought to understand the independence of the media and its duty to provide balanced news and analysis on issues of public interest.

But political activists are free to write articles and share their opinions stating why they feel a journalist who publish articles or anything positive about the King is captured, they can send those articles to the editor and we will publish so that the public can see their political stupidity.

This independent online publication created its name in society and the international community even in the midst of attacks by the eSwatini Government and other lunatics who claim to be political activists.

But let me clarify the qualities of an independent editor so that the political novices who claim to be fighting for democracy while failing to embrace media freedom, can understand.

Being an editor, in the context of a court structure, means you are presiding in the court of public opinion and therefore you must, at all times, act in a manner that is fair and be credible.

An editor approves publication of stories that influence the public discourse and therefore, the information must credible because it impacts people’s lives and influence decisions.

But apart from that, decisions must be influenced in the public interest not to massage the egos of political activists, some who know nothing about democracy hence their failure to understand media freedom.

Even if the masses can know your political views as the editor, but you cannot report or analyze issues in a manner that suggests that, the King or anyone within the Tinkhundla system is always wrong even when he/she seems to be right.

Any journalist or editor who always create a wrong where it does not exist, just to please a certain group of people loses credibility and once you lose credibility as a journalist, you must drop your pen, it’s over!.

I am a known critic of the Tinkhundla system and King Mswati but that does not mean everything about Mswati or the Tinkhundla system of governance is wrong, it’s just that, in my view, Tinkhundla is not and, will never be democratic.

But despite that, it is for these reasons you will find a story about the Deputy Prime Minister (DPM) Thuli Dladla officially opening a house that has been built for the poor because journalism is about reporting what is happening.

After reading the story, it is the duty of political activists to contact the editor or use other platforms to challenge Thulisile Dladla, maybe by sharing different political sentiments suggesting that, the DPM is abusing the National Disaster Management Agency (NDMA) donated funds to promote the Tinkhundla system and portray the system as if it is taking care of the poor.

But if the story is reported without being challenged, the DPM and the Tinkhundla system will abuse international donor funds to gain political mileage unchallenged and as independent journalists, there’s nothing we can do if political activists are sleeping.

The problem with some political activists is that, they expect a journalist to fight their wars such that, even if the information could be published and placed in front of them, they won’t understand how to use it to intensify the calls for democracy.

To read more of this commentary, click here

https://swazilandnews.co.za/fundza.php?nguyiphi=6894

 

‘Gawuzela’ coming Nov., says he is ready to die

By Ntombi Mhlongo, Times Sunday, 7 July 2024

SOURCE 

MBABANE: Despite being regarded as a fugitive of the law in the Kingdom of Eswatini, exiled President of the Swaziland Liberation Movement (SWALIMO) has vowed to be in neighbouring South Africa, come November 2, 2024.

On the aforementioned day, he will be located in an area that is situated a few kilometres from the Kingdom of Eswatini. He has said that he will be in attendance at an event organised by his party dubbed ‘The Gathering of Nation’ set to be held at KaMhlushwa in Mpumalanga. The former Member of Parliament (MP) introduced his upcoming event on Thursday during his online show dubbed ‘Family Meeting’, where he invited emaSwati to come in numbers. Simelane began his address by stating that he was never in the Kingdom of Eswatini last week as many might have been made to believe.

He claimed that he had heard that the country’s security forces searched for him after having received a tip-off that he had arrived through a train. “What I can assure emaSwati is that I will travel to Africa after the month of October. When travelling to Africa, I will be going to Kamhlushwa Stadium, which is 20 kilometres from the Mananga Border Post. I am going there to call out to God and join other emaSwati. This will be during the day,” he said. Elaborating, the former MP said the event was all about uniting all emaSwati who want democratic change, since they cannot be allowed to gather in the Kingdom of Eswatini.

“It will be very helpful for emaSwati to gather, let alone the fact that I will be there. We will be praying against all evil and the success of the movement,” he said. He vowed that all talk at the event will be directed to God and that by the end of the year, there will be a huge change in the country. Also, he said his political party will engage certain institutions, one of them being the United States Embassy to enquire about a petition that was delivered over two years ago. He said since the general elections have been concluded in South Africa, SWALIMO will make sure that it mobilised the political parties of the neighbouring country in calling for a democratic Eswatini.

According to Simelane, an anticipated huge turnout at the upcoming event will convince the people of South Africa that emaSwati want change.

To read more of this report, click here

http://www.times.co.sz/news/145967-%E2%80%98gawuzela%E2%80%99-coming-nov%2C-says-he-is-ready-to-die.html

 

Youth in sustainable energy receive tools to launch careers

United Nations Development Program, 5 July 2024

SOURCE 

“It was a transformative experience that opened my eyes to the potential of sustainable energy solutions in addressing community challenges.” These are the sentiments of Ncamsile Dlamini, a participant in the Youth Leadership and Sustainable Energy Academy (YLSEA). This programme is a partnership between the University of Eswatini's Centre for Sustainable Energy Research (CSER) and UNDP. It equips unemployed young people from diverse backgrounds with basic skills in Solar PV Systems, solar dehydrators, biogas digesters and entrepreneurship.      

Under this partnership, 60 youth have been trained in the last two years – the first cohort of 30 participants in 2022 and the second in 2023. The second cohort, which Dlamini was part of, graduated in November. 

Sobahle Dlamini all smiles after receiving her starter kit from the UNDP-supported Youth Leadership and Sustainable Energy Academy.


Alongside nine other youth participants she trained with last October, Dlamini has chosen to establish an association dedicated to supplying energy to rural schools using biogas. This is after these young people learnt about generating energy using biogas from the three-week training and realised that some rural schools do not have electricity connections.  

“Due to the absence of electricity in certain rural schools, children are compelled to bring firewood to school for cooking,” said Dlamini, a resident of a rural community, Nkoneni, in the Shiselweni Region. She highlighted that some students trek over two kilometres to school, making carrying firewood a challenging burden for them.

“Even if the school is connected to electricity, the cost is too high for many rural schools which still forces them to use firewood for cooking,” she said.

UNDP Deputy Resident Representative Nessie Golakai-Gould agreed with Dlamini's assessment, highlighting that despite Eswatini's high electricity penetration rate of 85%, there are still areas in the country without access. She further noted that even in areas with electricity, much of it is primarily used for lighting rather than productive purposes. 

Eswatini imports 60% of its electricity from neighbouring countries, rendering it unaffordable for poor households in a country where 58.9% of the population lives below the poverty line. The nation predominantly relies on coal-generated electricity, contributing to carbon emissions and exacerbating climate change. 

“Renewable energy is touted as one of the avenues for not only having a green means of lighting and energy for ourselves but also to be able to ensure that we have energy for productive capacity,” said Golakai-Gould. 

To read more of this report, click here

https://www.undp.org/eswatini/news/youth-sustainable-energy-receive-tools-launch-careers



Sexual objectification of women in adverts

By Editor, Times of eSwatini, 5 July 2024

SOURCE 

There was a social media reaction to a certain company’s use of a naked woman to advertise their product, just the other day. Now, if you are not aware of the consequences and implications of such images on a public platform that has nothing to do with nudity, its easy to see the uproar as unnecessary noise, and unwarranted. Let me break down what this really means and how it takes us 10 steps back in the fight against gender-based violence (GBV).

The objectification or sexualisation of women and girls in advertising reinforces harmful gender stereotypes that women are subordinate to men, contributing to the discrimination of women in many aspects of life. ‘Objectification’ means treating people as objects and reducing them to objects of sexual pleasure and gratification. It can lead to normalisation of sexual and other violence against women. When the Times of Eswatini facebook page reported about this commotion, one of the commenters said: ‘Please do not take down the advert. I look at it every night before I go to sleep’, further making the point that the billboard sexualises women in ways that are harmful to them.

Now, the commenter did not imply that he has been inspired to buy whatever product was being advertised, but instead is using the image for sexual gratification. That is what is wrong with this whole picture!Businesses should develop clear guidelines and policies and ensure employees receive training on appropriate use of marketing and social media platforms. In developing and implementing advertising or marketing campaigns, care should be taken to avoid the objectification of women and girls. Women are already faced with a lot of challenges that they do not need this added stress onto their list of problems.

The primary goal of advertising is to create a need so that a company can provide a product or service to meet that need. For example, many of our parents buy medication because they see it being advertised on TV and are tricked into believing they need those arthritis pills, or the blue pill. What kind of need is the objectification of women creating in advertising household products, for example? Also, are we that backward that we honestly still feel only men are the primary target for building materials? We can’t be in 2024 and still believe such.
Imagine seeing a man advertising Handy-andy and posing in a manner usually seen on women - wearing boxers and standing over a kitchen counter in a sexually suggestive manner.

That mental image is awfully weird, right? This is an example of ‘normalisation’: Even though the actual pose is absurd, we see it so often on women that it seems normal. We have normalised seeing images of naked women everywhere, in music videos, in advertisements, on social media moving statuses. And when a brand displays shocking images, the assumption is that it is more memorable to the audience. Which is false.

Advertisers link the images with desires of male’s emotion such as romance, love and sex. These pictures are suggesting to men that those desires can be satisfied through purchasing their products. However, these sexually suggestive images make women to be seen as sexual objects rather than as people in many advertisements. Which then translates to how men treat the women in their lives. This is where catcalling comes in, sexual harassment, and God forbid, rape.

This is because such images do not only sell products, but also sell a specific idea of the value and role of women as subordinate and submissive objects for the use of men. Sexual images of women have significant impact on their audience, and it is especially problematic among men. I was happy to hear that the company in question agreed to take down their billboard, I honeatly hope that they will find better ways to attract ther audience other than using harmful iages of women, and probably find more suitable names for their products too because the one in question also fed into the GBV issues we are already facing as women.

 

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Monday, 14 August 2017

NO RULE OF LAW IN SWAZILAND

The European Union Ambassador to Swaziland Nicola Bellomo has severely criticised the legal system in the kingdom ruled by autocratic monarch King Mswati III. He said even a child could be made a judge.

Bellomo who is soon to leave Swaziland told the Nation Magazine the rule of law did not prevail in Swaziland.

The Nation, an independent magazine of comment in a kingdom where censorship and self-censorship is rife, reported (August 2017), ‘The judiciary in this country has yet to find its footing and earn the respect it once had. It is a mess, right now. But, at least, there’s an acknowledgement that there is still a lot of work to do to get the country's judicial system on the right track. A country that has the kind of judicial system we have, where even a child can become a judge, cannot attract investment.’

The Nation called Bellomo’s comments ‘a scathing attack at the judiciary’.

The magazine reported Bellomo saying, ‘On the rule of law, there are structural problems beyond the political issues. If you have courts with ten judges who can hardly meet the expectations of the country, then you have structural issues. 

‘Then of course you have issues with the judges, like the one who was allowed to sit on the bench and yet did not qualify. That is something shocking for a rule of law country.’

Bellomo is not the first to draw attention to Swaziland’s broken legal system. In February 2016, the International Commission of Jurists (ICJ) reported King Mswati III’s absolute monarchy in Swaziland ‘ultimately is incompatible with a society based on the rule of law’

The report, Justice Locked Out: Swaziland’s Rule of Law Crisis, called on Swaziland’s Constitution to be amended to bring it in line ‘with regional and universal international law and standards, in particular on the separation of powers and respect for judicial independence.’

An international mission investigated Swaziland following the attempted arrest and the impeachment of former Chief Justice Michael Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe, two High Court judges Mpendulo Simelane and Jacobus Annandale and High Court Registrar Fikile Nhlabatsi in April 2015. 

The report stated the judicial crisis was ‘part of a worrying trend of repeated interference by the Executive and of the Judiciary’s inability to defend its independence, exacerbated by apparent strife within the ruling authorities of Swaziland.  

‘Swaziland’s Constitution, while providing for judicial independence in principle, does not contain the necessary safeguards to guarantee it. Overall, the legislative and regulatory framework falls short of international law and standards, including African regional standards.’

It added, ‘The mission found that some members of the Judiciary have exercised their mandate with a lack of integrity and professionalism. In particular, former Chief Justice Ramodibedi failed to protect and defend the institutional independence of the Judiciary, and played a reprehensible role in undermining both the institutional independence of the Judiciary and that of individual judges in Swaziland. 

‘He also presided over, or was involved in the case allocation of, legal proceedings in which he had a personal interest or in which he acted at the apparent behest of members of the Executive, further undermining the independence and impartiality of the Judiciary.  

‘Based upon its independent research, including its consultations with various stakeholders, the fact-finding mission determined that this latest crisis has served to expose already existing divisions within and between the Judiciary and the Executive.  The consequence has been an abuse of the justice system to settle political scores, further damaging the independence of the Judiciary in the process.  

‘Overall, the events that triggered the international fact-finding mission are both a reflection of a systemic crisis and potentially a contributing factor to its deepening further. In light of its findings, this report includes the fact-finding mission’s recommendations for reform to the Crown, Executive and Legislature, the Judiciary, the legal profession, the international community and civil society, which it considers will strengthen the rule of law, respect for human rights and access to justice and effective remedies in the Kingdom of Swaziland.’

See also

JURISTS: DEEP FLAWS IN LEGAL SYSTEM
SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW
SWAZI JUDICIAL CRISIS: FULL CHARGES

Tuesday, 23 February 2016

‘NO RULE OF LAW WITH ABSOLUTE KING’

King Mswati III’s absolute monarchy in Swaziland ‘ultimately is incompatible with a society based on the rule of law’, a report into the kingdom’s judicial crisis has concluded.

Swaziland’s Constitution must be amended to bring it in line ‘with regional and universal international law and standards, in particular on the separation of powers and respect for judicial independence,’ the report called Justice Locked Out: Swaziland’s Rule of Law Crisis said.

It was published by the International Commission of Jurists on 18 February 2016.

An international mission investigated Swaziland following the attempted arrest and the impeachment of former Chief Justice Michael Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe, two High Court judges Mpendulo Simelane and Jacobus Annandale and High Court Registrar Fikile Nhlabatsi in April 2015. 

The report stated the judicial crisis was ‘part of a worrying trend of repeated interference by the Executive and of the Judiciary’s inability to defend its independence, exacerbated by apparent strife within the ruling authorities of Swaziland.  

‘Swaziland’s Constitution, while providing for judicial independence in principle, does not contain the necessary safeguards to guarantee it. Overall, the legislative and regulatory framework falls short of international law and standards, including African regional standards.’

It added, ‘The mission found that some members of the Judiciary have exercised their mandate with a lack of integrity and professionalism. In particular, former Chief Justice Ramodibedi failed to protect and defend the institutional independence of the Judiciary, and played a reprehensible role in undermining both the institutional independence of the Judiciary and that of individual judges in Swaziland. 

‘He also presided over, or was involved in the case allocation of, legal proceedings in which he had a personal interest or in which he acted at the apparent behest of members of the Executive, further undermining the independence and impartiality of the Judiciary.  

‘Based upon its independent research, including its consultations with various stakeholders, the fact-finding mission determined that this latest crisis has served to expose already existing divisions within and between the Judiciary and the Executive.  The consequence has been an abuse of the justice system to settle political scores, further damaging the independence of the Judiciary in the process.  

‘Overall, the events that triggered the international fact-finding mission are both a reflection of a systemic crisis and potentially a contributing factor to its deepening further. In light of its findings, this report includes the fact-finding mission’s recommendations for reform to the Crown, Executive and Legislature, the Judiciary, the legal profession, the international community and civil society, which it considers will strengthen the rule of law, respect for human rights and access to justice and effective remedies in the Kingdom of Swaziland.’

See also

JURISTS: DEEP FLAWS IN LEGAL SYSTEM
SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW
SWAZI JUDICIAL CRISIS: FULL CHARGES
http://swazimedia.blogspot.com/2015/04/swazi-judicial-crisis-full-charges.html

Wednesday, 12 March 2014

MPs WANT TO BE IMMUNE FROM ARREST

Some members of the Swaziland Parliament say they should not be arrested if they break the law because they are ‘Very Important People.’

They are particularly aggrieved that police officers have been arresting them for what the MPs call ‘petty crimes’.

This emerged from the kingdom’s Ministry of Justice and Constitutional Affairs portfolio committee. 

The Swazi Observer reported, ‘As dignified citizens, members of parliament have declared they do not want to be arrested on the streets for petty crimes.’

The newspaper added, ‘According to the MPs, it was very embarrassing for them to be held on the streets for petty crimes because as legislators, they would not run away from the hands of justice.’

The Observer said, ‘They said once one became a member of parliament, they fell under the category of very important persons (VIPs) and it would be a shocker to have someone in this category run away from his or her crime because they were known.’

It added, ‘Of major concern from the legislators was the fact that some of the police officers who were found on roadblocks did not even recognise who they were with regards to their status.

‘They alleged that they were treated in a bad way such that one felt embarrassed that being an MP did not even accord them any status.’

A police spokesperson told the newspaper that for the time being police would continue arresting individuals found to be on the wrong side of the law, regardless of their position.

The Observer, which is in effect owned by King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, reported, ‘According to the constitution, only His Majesty the King and the Queen Mother are above the law.’

Monday, 29 September 2008

NO FREEDOM OF MEDIA IN SWAZILAND

The Swaziland constitution that came into force in 2006 and ‘guarantees’ freedom of the media has had no real effect.


This is a major conclusion of my latest academic research article just published.


Before the constitution was passed there were more than 30 anti-media laws in existence in Swaziland and although the constitution should have made these obsolete, in effect, they remain in force.


These anti-media laws make the environment hostile for the media. The laws and the general cultural climate in Swaziland leads to lack of growth in the media industry, harassment and intimidation, strained relationships and mistrust between government and the media, weakened media organisations and lack of professionalism.


Certain cultural values continue to foster a climate of silence, in which those in authority are not questioned. These limit the freedom of the media to engage in important debates, for example about what may be done to tackle the kingdom’s high levels of poverty and HIV AIDS, spiralling corruption, poor economy and lack of international confidence.


Experiences to date suggest that the ruling elites in Swaziland have no interest in change. At present they control access to most of the media in Swaziland and can decide what does and what does not get talked about. This helps to a large extent to keep them in power and there is no reason to suppose that they will give up this power willingly anytime soon.


The research published in the latest edition of Global Media Journal (Africa edition) is available free of charge by following this link.


Monday, 31 March 2008

SWAZI CONSTITUTION DOES NOT WORK

Doubts have been raised about whether Swaziland’s 33 oppressive media laws are still in force.

There is a thought that the Swazi Constitution that came into effect in 2006 wipes them all away.

The discussion started after I wrote that watching the documentary Without The King which claims it ‘captures the birth of a nation’s revolution’ is an act of sedition under the Sedition and Subversive Activities Act, 1938. I later wrote that there were 33 legal restrictions on the media presently in operation in Swaziland.

This may not be so, according to a correspondent from the Swaziland Coalition of Concerned Civic Organisations (SCCCO) who has a finer legal mind than mine. He says the Constitution can overrule all the laws that went before it.

He writes,

‘In judicial interpretation there is a doctrine of implied repeal. Where two laws contradict one and other the later one repeals the earlier one to the extent of contradiction or inconsistency. Also s 2 (1) of the Constitution contains this doctrine.

‘Now the argument becomes whether the position of the king is so special that it would be inconceivable that the Constitutional provisions on freedom of expression would include sedition. The monarchy does not get any special mentions in the limitations in the Bill of Rights. However, it would take a particularly courageous judge to interpret the Constitution so’.


He goes on to suggest that we need a test case on whether or not viewing Without The King would be a seditious act. Maybe he’s right because although I don’t think the police are going to come knocking on my door if I sit at home watching the documentary, I am not so sure that if I showed it to a public gathering, they wouldn’t close us down and arrest us. Or knowing the Swazi police beat the daylights out of us.

The legal nicety about the Constituion ‘repealing’ the repressive acts doesn’t hold water in Swaziland. The US State Department noted in its report of Human Rights in Swaziland published in March 2008, that in Swaziland,

‘Government agents continued to commit or condone serious abuses [of human rights]. Human rights problems included: inability of citizens to change their government; unlawful killings by security forces; police use of torture, beatings, and excessive force; police impunity; arbitrary arrests and lengthy pretrial detention; infringement on citizens’ privacy rights; limits on freedom of speech and of the press; restrictions on freedom of assembly and association; prohibitions on political activity and harassment of political activists; restrictions on freedom of movement; discrimination and violence against women; poor enforcement of women's rights; child abuse; trafficking in persons; societal discrimination against mixed race and white citizens; antiunion discrimination and child labor.’

None of the above suggests Swaziland has a ruling elite that respects the Constitution.

If we look at media in particular, we can see that under section 24 of the Constitution, ‘a person has a right of freedom of expression and opinion.’

It goes on to state that a person enjoys ‘freedom of expression, which includes the freedom of the press and other media, that is to say freedom to hold opinions without interference; freedom to receive ideas and information without interference; freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons); and freedom of interference with the correspondence of that person.’

Section 24 of the Constitution is not working. You only need to look at how media in Swaziland continues to be harassed to see this. In March 2007, for example, (a full year after the Constituion came into effect) the Times of Swaziland newspaper group was threatened with closure because it published an article (sourced from abroad) that criticised King Mswati III.

I have been collecting examples of the way the freedom of expression in Constituion is being ignored. I think the list proves conclusively that there is no guarantee of freedom of expression in Swaziland.

Here’s my list (if you have any other examples, please share them with me).

May 2006
King Mswati III banned newspapers from writing about his wives without his permission, even while covering official events, after the Times Sunday interviewed one of his wives (with her consent) while she was sick in hospital. This was the second time in 12 months that the Swazi king gagged the media from reporting about royalty. It should be noted that this ban was not reported within Swaziland. This banning by the king simply continued a trend that had been operating since before the new constitution, for example, in 2005, the king ordered the media to stop writing about his lavish spending after newspapers published that he had purchased US$500,000 worth of luxurious vehicles for his 13 wives.

October 2006
Parliament ordered the Times of Swaziland to apologise for an opinion expressed in the newspaper that referred to a select committee that investigated the operations of the Swaziland Broadcasting and Information Service as a ‘kangaroo court’. In an editorial the Times declined to apologize.

November 2006
The Public Services and Information Minister S’gayoyo Magongo instructed Swazi TV to reinstate an employee the station wished to dismiss (Swazi TV complied with the instruction). In Parliament the minister said Section 75 of the constitution empowered him to do this as it charges ministers with responsibility ‘for the policy and general direction and control’ over their departments.

December 2006
The Times of Swaziland came under attack a by a committee that was putting together a case to demand the return from neighbouring South Africa of land that Swaziland claimed belonged to it. At a press conference members of the committee including the chair Prince Khuzulwandle, a member of the Royal Family, criticised the newspaper for collecting views on the issue from members of the public. The response the newspaper received was hostile to the demand for restoration prompting the committee to question why the newspaper asked ordinary people instead of people who were knowledgeable on the subject.

The Times’ response (in an editorial in the newspaper) was to reassert its readers’ constitutional rights to freedom of speech.

February 2007
The king’s chief executive officer Bheki Dlamini barred journalists at a press conference from asking the king questions relating to the recently-formed Swaziland Police Union, whose formation had shaken the Swazi establishment.

June 2007
The Minister for Health and Social Welfare, Njabulo Mabuza, banned health workers from talking to the media in response to a number of stories highlighting the impact of a critical drug shortage.

Workers were forbidden to have any type of communication, including interviews and casual or 'indiscreet' conversations, whether at clubs, hotels, bars or private parties. Journalists were also barred from Mbabane Government Hospital, the country's key medical facility, whose problems have been highlighted in the press. These problems were considered by the press to be typical of the wider crisis afflicting the healthcare system. In fact, it turned out that the ban had been in position for some years previously but was only being enforced now following a series of news reports in newspapers about deaths in government hospitals.

October 2007
The Times of Swaziland tried to find out how much it cost taxpayers to send the Prime Minister A T Dlamini on a trip from Swaziland to the Bahamas. The newspaper was told it could not have the information because it was ‘classified’ information. The newspaper had also been trying without success to get government to disclose the names of companies which won tenders for government business.

November 2007
The Swazi House of Assembly set up a select committee to investigate the editor of the Times Sunday Mbongeni Mbingo following a comment piece the newspaper ran criticising the House Speaker for not allowing a debate to take place on possible amendments to the kingdom’s constitution. The select committee exonerated the editor stating his rights to freedom of expression under the Constitution.

However, what seemed like a victory for the free press was illusionary because the select committee decided it wanted Parliament to accredit journalists who covered the proceedings of parliament, in effect giving the government control over who could report and who could not. The committee also called for the reintroduction of the defunct Media Council Bill (that had originally been tabled in 1997), which, among other things, would require journalists to be qualified and registered with some central body.

See also
SWAZILAND’S OPPRESSIVE MEDIA LAWS
SWAZI KING DOCUMENTARY ‘SEDITIOUS’