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Monday, 19 August 2019

Making media freedom in Swaziland is more than a dream



New Frame

Magazine editor Bheki Makhubu, in spite of harassment from King Mswati III and his cronies, is undeterred in his bid to expose the regime’s wrongdoings.



Bheki Makhubu, editor of 'The Nation' magazine


The role of dissenting journalists in eSwatini (formerly Swaziland) is more crucial than ever before. But the grimy reality is that critical journalists left in Africa’s last absolute monarchy are rare to find. Bheki Makhubu, an editor of eSwatini’s monthly political magazine The Nation, is one of the few remaining in the landlocked country who isn’t scared to speak out.

“I’ve always understood that the media by its nature calls out authority and it protects the public interest,” he says. “I think by nature of human existence, people in authority need to be monitored and called to account, because otherwise, they tend to forget why they are there and sometimes they are not aware of what they are supposed to do; we need to remind them of their functions.”

To call authorities to account in eSwatini is, however, almost an impossible task because of the regime’s repressive laws towards dissidents. “This country is run by bullies,” Makhubu says at his magazine’s offices in the country’s capital, Mbabane. He frequently publishes critical stories against King Mswati III and his stooges. While working for the Times of Swaziland, the country’s oldest newspaper, Makhubu once wrote that the king is a “businessman”, a remark that forced him to issue an apology to the ruler after the paper was put under immense pressure.

On 17 March 2014, Makhubu and activist and human rights lawyer Thulani Maseko were jailed for 15 months for criticising eSwatini’s former chief justice Michael Ramodibedi. This was after a government vehicle inspector whose job it is to check whether government cars are authorised to be on the road requested authorisation from a chauffeur driving a judge in a government vehicle. Both the judge and chauffeur allegedly refused, resulting in the impounding of their car.  

No one should be denied representation

“Ramodibedi had [the inspector] arrested and charged with contempt of court,” Makhubu says, adding that the inspector had requested legal representation at court which Ramodibedi allegedly denied. “I then wrote an article saying that whatever power Ramodibedi might have, he does not have the power to deny anybody the right to legal representation,” Makhubu explains. For this, he and Maseko were thrown into jail.

Makhubu says these are tactics employed to deter journalists from assuming a watchdog role. “When I walked out of that prison, almost to this day they don’t know what to do with me. I almost got complete freedom,” he says.

It’s not only journalists who interrogate officials’ actions who are deterred from pursuing what’s truly in the public interest. Makhubu says citizens of eSwatini are also barred from practising their sacrosanct rights – to debate issues directly affecting them.

“EmaSwati might say they are not oppressed because the king is there to take care of those he can take care of,” he says. “All we have to do is be on his downside. I find it utterly disgusting. As emaSwati we are not some kind of [ethnic group] lost somewhere in medieval times without any consciousness. People in this country are highly educated but they don’t like it to be known what they know, because they don’t know who they might offend.”

Grammar rules and fear of authority

Making an example of how an appetite for debate in eSwatini has been lost, Makhubu highlights how grammatically incorrect the word Eswatini is. It’s what appears on government letterheads, describing the country itself. He explains that the “s” should be capitalised regardless of any context as it represents a group of people. However, only the “e” in the word is capitalised, which ought to be so only in the beginning of a sentence.

“I’ve challenged a few experts on the isiSwati language as to why the ‘s’ is [lower case],” he says. “Nobody wants to answer. In a vibrant society, those people who know better would have stood up. But you might do that and question this guy in authority who does not know better than you, he might make your life miserable and victimise you. People are scared of that and I think that’s the saddest thing that has happened at eSwatini.”

Makhubu says the fear to speak out and to challenge the regime has escalated to the point that there’s a naturalised perception that the country only belongs to the king. “Politics over the years has tended to shift towards making everybody believe that [the country] is a real estate belonging to the king and we are simply squatters on somebody’s land. And in fact, even those who paddle that point do it for political reasons, because they know it’s not true. They say it because it’s good for the king’s ego. Unfortunately, this is done at the cost of others,” he says.

One particular case that demonstrates how far the king’s iron-fisted hand could go to compromise the rights of others is his “unthinkable act” almost two decades ago, which remains a “sore point to emaSwati.” In July 2000, the king forced two chiefs to surrender their chieftaincy status so that his older brother, Prince Maguga, could assume a chieftaincy role in both villages which are about 25km apart.

The king does what he likes 

The chiefs did not cede to the order which led to the king issuing an order through the Ministry of Home Affairs to evict them along with their supporters. The chiefs and some of their supporters are still living in exile in South Africa. The king “exercised authority he did not have. Those who advised the king were trying to assert this untruth that he can do as he likes when he likes,” Makhubu says, adding, “The king’s powers are in the main constrained by Swazi laws and customs. He cannot act outside customary law on matters touching culture and tradition.”

The media has a role to challenge this perception and “to tell emaSwati that their rights are not dependent on anybody’s wishes.” However, since constructive debates are muzzled and those deemed dissidents are threatened with jail, the media is unable to effectively play its watchdog role. It’s only through Makhubu’s political magazine, with a circulation of about 5 000 copies, that he tries to push back the narratives of the establishment.

“As a [member of the] media, I don’t see myself as a political activist. I’m a journalist and I do what I do to expose the wrongs. I am not trying to lead any revolution. This freedom that I seem to have alone, sort of has made me say, ‘let me continue doing what I do. Perhaps people will be inspired by it,’” Makhubu says. But if the citizens are not inspired enough to take action, “I write to record it to history, to say to the people who will be living in Swaziland in 3019, that there were people who saw [the wrongs] and spoke about [them].”

This article was first published by New Frame.

See also

Journalists ‘scared to do their jobs’

Journalists in Swaziland endure year of harassment as they try to do their jobs



Friday, 16 August 2019

Swaziland police hold and ‘torture’ students after protest march on Govt ministry

Student leaders in Swaziland / eSwatini say police detained and tortured seven students after a protest march in the capital, Mbabane. Three others were injured and needed hospital treatment.

The march was believed to be the first time that three of the kingdom’s universities had come together for a single protest.

They marched on Thursday (15 August 2019) to the Ministry of Labour and Social Security to deliver a petition regarding the payment of allowances, scholarships for all admitted first year students and involvement of students in decision-making.

In a statement released on social media the Swaziland National Union of Students (SNUS) said, ‘After the delivery on the way to the bus rank students and police clashed due to a minor misunderstanding and all hell broke loose as the police started bashing students with their batons. 

‘Students ran helter-skelter around town and in the process dozens were injured with three being rushed to the Mbabane Government Hospital. Seven students were detained for over four hours and tortured, assaulted and humiliated.’

The marching students came from the University of Eswatini, Limkokwing University of Creative Technology and the Eswatini Christian Medical University.

There is an ongoing dispute between students and the government in Swaziland over the payment of scholarships and allowances that cover fees, living expenses and items such as books. In May 2017, SNUS launched a campaign for scholarships for all. Students want all students admitted to higher learning institutions to have scholarships, regardless of the programme they are doing or the institution they are in.

See also

In full public view, on hand and knees student begs Swaziland King for scholarship
Swaziland students sell themselves for sex because scholarships have not been paid

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

Wednesday, 14 August 2019

Spotlight on absence of rule of law in Swaziland

Bheki Maphalala, the Chief Justice of Swaziland / eSwatini, has accused a group he calls a ‘political elite’ of undermining the kingdom’s judges. He has not named these people but has called them traitors.

His remarks have drawn attention to the small undemocratic southern African kingdom which is ruled by King Mswati III as an absolute monarch. Political parties are banned from taking part in elections. No members of the 30-seat Senate are elected by the people and the King chooses 10 of the 69 members of the House of Assembly. The King also appoints the Chief Justice, top judges and senior civil servants.

Groups that advocate for multi-party democracy have been banned under the Suppression of Terrorism Act.

Human rights campaigners have been drawing attention to the absence of the rule of law in the kingdom for many years. Chief among these is the International Commission of Jurists (ICJ) which has published a number of reports. The ICJ is composed of 60 eminent judges and lawyers from all regions of the world.

The rule of law is a principle in governance which means that all people – including those in authority – are subject to the law. Under this principle the law is supreme, setting out acceptable limits for behaviour and safeguarding against abuse of power.

In 2015 the ICJ stated the King stood in the way of the kingdom having independent judges. In a submission to the United Nation’s Human Rights Council’s Working Group on the Universal Periodic Review of Swaziland, it called for an overhaul of laws and regulations in Swaziland to take power away from the King.

The ICJ stated, ‘The judges’ appointment process continues to pose a threat to judicial independence and impartiality. The Constitution of Swaziland provides that the judges are appointed by the King after consultation with the Judicial Service Commission (JSC). 

‘The King has the ultimate and final say in respect of the appointments to the bench.’ 

The ICJ also noted that King Mswati was personally immune from the law. It stated that in 2011, ‘the then Chief Justice Ramodibedi issued a Practice Directive ordering the non-registration of lawsuits that challenge the King “directly or indirectly”, effectively barring access to justice in any case against corporations, companies, trust or any entities in which the King owns shares or has an interest.’

In a separate report in 2016 the ICJ said the kingdom’s constitution needed to be changed 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’.

It added, ‘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.’

In 2018 the ICJ stated laws in Swaziland had been used by the State as weapons against human rights defenders. ‘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.’

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 is not only the ICJ that has raised concerns. In January 2019 Law Society of Swaziland Secretary Thulani Maseko criticised then-recent appointments of judges in the kingdom saying there was no transparency in the choices and the Swazi Constitution was ignored.

Maseko said five appointments to the kingdom’s High Court and Industrial Court ‘undermined the integrity, independence and accountability of the judiciary’. He said the appointing process had to be fair, transparent and competitive in line with Section 173 (4) of the constitution which also states appointments should be made on the basis of suitable qualifications, competence and relevant experience.

He said, ‘If these appointments were done in an open, transparent and competitive way, it would be clear that some of the appointees would not [have] passed the standard of integrity required of the judicial office.’

He added the appointments put the judiciary and the entire justice system into disrepute and undermined the rule of law. 

Richard Rooney

See also

Swaziland Chief Justice says kingdom under siege by ‘treasonous’ political elites
https://swazimedia.blogspot.com/2019/08/swaziland-chief-justice-says-kingdom.html 

Renewed criticism that rule of law in Swaziland is ignored as new judges appointed
‘King blocks judges’ independence’

Tuesday, 13 August 2019

Swaziland Chief Justice says kingdom under siege by ‘treasonous’ political elites

The Chief Justice of Swaziland / eSwatini Bheki Maphalala said the Judicial Service Commission (JSC) was under siege from a political elite that he called ‘treasonous’.

He said it was so powerful it had taken the constitutional powers of key institutions of state.

It was undermining and interfering with the constitutional mandate of the JSC, he said. The judges of the superior courts (Supreme and High Courts) and the specialist tribunals are appointed by the King on the advice of the JSC and magistrates are appointed by the JSC.

Swaziland is not a democracy and is ruled by King Mswati III as an absolute monarch. The King appoints the Chief Justice and all members of the JSC. The Chief Justice also chairs the JSC. The Swazi Constitution of 2005 confirms the King’s position as absolute monarch.

Maphalala made his statement at the High Court on Monday (12 August 2019) during the swearing in of new members of the JSC. 

The Swazi Observer, a newspaper in effect owned by the King, reported Maphalala said, ‘The Judicial Service Commission is under siege from a strong powerful and dangerous political elite which is currently occupying our political space.’

The newspaper reported, ‘Maphalala said the existence of the political elite constitutes a serious threat to the political and economic stability of this country together with its international relations and peaceful coexistence.

‘“The Constitution is the supreme law of this land and the Nation has the right and duty to uphold and defend this Constitution,” the Chief Justice said.

‘He warned that any person who suspends, overthrows, abrogates or attempts to do so is guilty of the offence of treason.’

The Observer reported, ‘Maphalala reminded the JSC members that their responsibility is to serve the King and the nation with honesty, dignity and integrity.’

International observers have in the past said that the JSC cannot be regarded as independent. The International Commission of Jurists (ICJ) in a 2018 report on human rights violations in Swaziland stated, ‘ Although the financial and administrative independence of the judiciary is guaranteed by section 142 of the Constitution, it is notable that the King appoints all members of the JSC. There is thus a perception that the composition of the JSC strongly favours Royalty, compromising its independence and, by logical extension, compromising the independence of the judiciary.’

The ICJ noted, ‘The rule of law is weak in Swaziland, and the country has a long history of disregard for the independence of the Judiciary, and violations of human rights, including the right to a fair trial.’

The ICJ recommended as a first step the Constitution be reviewed to guarantee the independence of the JSC by allowing for an open, transparent and accountable appointment process under section 173(4) of the Constitution. The Constitution should be amended so that the members of the JSC cover a wide spectrum of Swazi society, not only royal appointees, it stated.

See also

Renewed criticism that rule of law in Swaziland is ignored as new judges appointed
http://swazimedia.blogspot.com/2015/05/judicial-crisis-kings-word-is-law.html