CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
|
Swaziland |
DEMOCRACY
Swaziland is
descending into dictatorship.
This has been heralded by the landmark decree entitled:
«Decree No.2, 2001», issued at Lozith’ehlezi Palace
on 22 June 2001 by King Mswati III
This obnoxious decree, which automatically supersedes any other law to the contrary, erodes any semblance of the fundamental guarantees of human rights in the country.
Through this draconian decree, (as in the case of the 1973 Decree when the Constitution was suspended, political activity banned and a state of emergency declared), King Mswati has arrogated to himself the executive, legislative and judiciary powers, by clamping down on political dissent and on the independent media. Swaziland is now in a constitutional crisis.
King Mswati III feels threatened that he is being stripped off the absolute powers vested in him by the King’s Proclamation of 1973. He is clamping down on political dissent in the country.
High treason, subversive activities and contravention of the Public Order Act (usually used to ban mass meetings and demonstrations, have been added to the list of non-bailable offenses. (A reference to the Non-Bailable Offenses Order of 1993 which had been declared «unconstitutional» by the Court of Appeal).
Recently, the High Court released on bail, Mario Masuku, president of the underground People’s United Democratic Movement (PUDEMO), who had been charged with sedition.
This came immediately after the Industrial Court «unbanned» the meetings of the Swaziland National Association of Teachers (SNAT) and the Swaziland National Association of Civil Servants (SNACS).
A draconian Decree
The 22 June Decree states: «Notwithstanding any provision of any law, a court shall refuse to grant bail to any person charged with murder, rape, armed robbery and contravention of certain sections of the Arms and Ammunition Act (1964) pertaining to arms of war, the Game Act (1953) the Pharmacy Act (1929), the Public Order Act (1963), theft of motor vehicles Act (1991), high treason, Sedition and Subversive Activities Act (1938) or any other case the Court may deem fit to refuse bail.»
It also provides for «heavy penalties for people caught impersonating, insulting or ridiculing Their Majesties».
The decree comes after the unsuccessful attempts to have the Swaziland Federation of Trade Unions (SFTU)’s secretary, Jan Sithole, and his fellow officials, prosecuted for impersonating the King during the workers’ gatherings. (Sithole is usually greeted with royal whistles when he arrives to address workers and he has a convoy of bodyguards saluting and protecting him).
Then there’s the Section 7 of Decree No.2 of 2001, entitled: «Protection of the name and actions of Their majesties». This section states that any person who disobeys an order made by the Ingwenyama or King made under any law; who impersonates, insults, ridicules or puts into contempt; who allows, permits, accepts to be treated as or accorded the respect or status of the Ingwenyama or King or the Ndlovukazi in whatever way or form, commits an offence and on conviction is liable to a fine not exceeding E50,000 or to imprisonment not exceeding ten years or to both such fine and imprisonment.»
The Media and judiciary under attack
The banning of newspapers, magazines or books is no longer subject to debate in any court of law. The Minister of Public Service and Information is not required, even by a court of law, to give reasons why he is banning a particular publication.
The Decree states: «Where a publication — magazine, book or newspaper or excerpt thereof — is banned in terms of the Proscribed Publications Act of 1968, the minister concerned shall not furnish any reasons or jurisdictional facts for such proscription. No legal proceedings may be instituted in relation to such proscription».
The decree is intended to clamp down on the independent media — mainly The Guardian newspaper and The Nation magazine. Both publications have challenged the minister’s banning order, especially the fact that a court appeal has been rendered impossible.
Swaziland’s judiciary is also under attack. According to the Decree, the appointment of High Court judges has been removed from the Judicial Service Commission and is now vested in His Majesty the King, after consultation with the justice minister.
The retirement age for judges has been re-affirmed as being 65, thus quashing the Chief Justice’s recent argument that his «retirement» by the King is unconstitutional.
The Decree also empowers the Attorney General to make temporary appointments of officers from his chambers, to be magistrates, in order to ease the backlog of cases.
Pro-democracy forces and human rights organizations have expressed their disappointment with the introduction of the obnoxious Decree. Dr. Joshua Mzizi, general secretary of Human Rights Association of Swaziland says: «Governance with harsh laws cannot work in a civil society such as ours».
ENGLISH CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
PeaceLink 2001 - Reproduction authorised, with usual acknowledgement