Swaziland doesn't want you to care about these government critics. Here's why you should.
The 24 IFEX members listed below strongly condemn the continued imprisonment of editor Bheki Makhubu and human rights
lawyer Thulani Maseko in Swaziland. March 18 2015 marks one year since the pair were imprisoned following an
unconstitutional closed court hearing.
Makhubu and Maseko were charged in connection to separate articles criticising the Swazi judiciary, which appeared in
the independent news magazine,The Nation. They were convicted of contempt of court on 17 July 2014 and later sentenced to two years in prison. BothThe Nation and Swaziland Independent Publishers were also fined E50,000 respectively.
The ruling was unreasonably severe and in clear conflict with Swazi citizens' constitutional right to freedom of
expression. We consider these men to be prisoners of conscience.
The articles in question were critical of the Swazi judiciary, most notably the handling of a particular case by Chief
Justice Michael Ramodibedi. The authorities claim the articles interfered with the administration of justice by
commenting on a case still pending before a court. We maintain that the pair was legitimately exercising their right to
freedom of expression in commenting on the conduct of the judiciary.
In addition to having their right to freedom of expression violated, Makhubu and Maseko were also denied their
constitutional right to a fair trial. The judge presiding over their case, Judge Simelane, was mentioned in the articles
that were the subject of the trial. He was called upon to recuse himself from the trial, but did not. Consequently,
after a closed court hearing, Makhubu and Maseko were convicted of contempt of court and sentenced to two years in
prison.
The judicial harassment of critical voices in Swaziland is not isolated to the case of Maseko and Makhubu, but is rather
part of a disturbing trend to silence freedom of expression in the country. For example, there are 32 laws in Swaziland
that place restrictions on freedom of expression and access to information, and political parties have been banned since
1973.
In September 2013, King Mswati IIIchanged the nameof Swaziland's political system to a "monarchical democracy," describing it as a "marriage between the traditional
monarchy and the ballot box". But as somefree expression advocateshave noted, the rebranded political system has not improved the country's free expression landscape.
As organisations concerned with the fundamental right to freedom of expression, we thus urge the Swazi Government and
King Mswati III to:
• Comply with the constitutional guarantees of the right to freedom of expression, the right to a fair trial, and
the right to freedom of assembly and association.
•
• Overturn the convictions against Bheki Makhubu and Thulani Maseko.
•
• Immediately and unconditionally release all prisoners of conscience and political prisoners.
•
• Ensure the judiciary respects the rule of law and maintains its independence, and for judges to uphold their
responsibility to apply the law fairly and impartially.
•
We also call on the Special Rapporteurs of the African Commission on Human and Peoples' Rights to:
•
• Further appeal for broader support from Heads of State to deliberate on the appalling human rights record of the
Kingdom of Swaziland.
•
• Call upon the Southern African Development Community (SADC)’s Heads of State to develop a mechanism that holds
member states accountable to human rights norms and standards at both continental and sub-regional levels.
•
ENDS