The Beginning of the End?

2012, a year in the struggle for democracy in Swaziland

Edited by Richard Rooney

Swazi Media Commentary with Africa Contact

The Beginning of the End? 2012, a year in the struggle for democracy in Swaziland.

Edited By Richard Rooney 1

The Beginning of the End? 2012, a year in the struggle for democracy in Swaziland. Published by Swazi Media Publications, Liverpool, UK.

2013. Copyright rests with individual contributors.

Permission is granted to copy and distribute this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; Free Software Foundation, Inc.51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA.

About the Editor

Richard Rooney was associate professor at the University of Swaziland 2005 2008, where he was also the founding head of the Journalism and Mass Communication Department.

He has taught in universities in Africa, Europe and the Pacific. His academic research has appeared in books and journals across the world. He specialises in media and democracy, governance and human rights. His writing has appeared in newspapers, magazines and websites across the world. He was a full-time journalist in his native United Kingdom for 10 years, before becoming an academic. He has published the blog Swazi Media Commentary since 2007 and also has Facebook sites that concentrate on human rights issues in Swaziland. He holds a Ph.D in Communication from the University of Westminster, London, UK. He presently teaches at the University of Botswana, Gaborone.

Also available free-of-charge from Swazi Media Commentary

Voices Unheard: Media Freedom and Censorship in Swaziland This volume of pages from Swazi Media Commentary focuses on media freedom and censorship. It starts with some overview articles that set out the general terrain, moving on to look at repressive media laws. Other sections of this book relate the daily threats journalists in Swaziland face when they want to report, but are not allowed to. Download free-of-charge here. The End of the Beginning? 2011, a year in the struggle for freedom in Swaziland This book looks at activities in the freedom movement in 2011. It starts with a section on the unsuccessful April 12 Uprising followed by separate chapters looking at events in each month of 2011, including the Global Week of Action held in September. They also highlight the numerous violations of rights suffered by the poor, by children, by women and by sexual minorities, among others, in the kingdom. Download free-of-charge here.

Contents
Introduction January February March April May June July August September October November December 6 9 48 79 109 146 185 209 236 278 302 334 392

Introduction
In 2012, we saw an event in Swaziland that demonstrated beyond doubt that the kingdom is not a democracy and that it is ruled over by King Mswati III as an absolute monarch. In October, the House of Assembly passed a vote of noconfidence in the government by a three-fifths majority. According to the constitution the king was obliged (he had no discretion in the matter) to sack the government. King Mswati did not do so. Instead, he put pressure on members of the House to re-run the vote and this time spare the government. Which they did. This demonstrated that parliament had no power and was simply a rubber stamp for the king. Intelligent observers knew this already. Political parties are banned in Swaziland and people may only stand for election as individuals. Many of the MPs and senators are appointed by the king without benefit of election and the king chooses the Prime Minister and cabinet. There is a parliamentary election due in Swaziland in 2013 (they are held every five years) and if previous votes are anything to go by people inside Swaziland and outside the kingdom would be likely to argue long and hard about whether the election was worth supporting; whether it had credibility; or whether it was a fig leaf hiding the reality of the kings dominance in his kingdom. Now we know. 6

The House of Assembly moment cannot be undone. Whenever the king and his supporters claim the kingdom is a democracy and there is a constitution in place to protect the people from the states excesses, we only have to point to October 2012. From here on, prodemocracy campaigners are pushing at an open door. It may take some time to effect the change that is necessary in Swaziland, but history may point to this date as the beginning of the end for feudal Swaziland. This present volume consists of a collection of newsletters compiled weekly throughout 2012 by Swazi Media Commentary and distributed by Africa Contact. It looks at the events of October and also contains an assortment of news, analysis and comment covering the campaign for freedom in Swaziland throughout 2012. Swazi Media Commentary is one of the longest running blog or social media sites supporting the campaign for democracy in Swaziland. It contains information and commentary about human rights in Swaziland. It has no physical base and is completely independent of any political faction and receives no income from any individual or organisation. People who contribute ideas or write for it do so as volunteers and no receive no payment. Swazi Media Commentary has been compiling the Swaziland Newsletter (which had already been running for many years) on behalf of Africa Contact since September 2010.

Africa Contact is a solidarity movement with roots in the antiApartheid movement. It was founded in 1978 by a number of Danish political parties, trade unions and other organizations in order to unite the efforts against colonialism and suppression in Southern Africa. It is based in Copenhagen. The newsletter is distributed by email free-of-charge each week. It usually consists of items from Swazi Media Commentary, plus other items published in newspapers, magazines, blogsites etc. that broadly support the call for democracy in Swaziland. For copyright reasons some items that appeared in the original newsletters have been omitted from this present collection. The Swaziland Newsletter will continue to be published in 2013. To receive it by email free-of-charge subscribe here. To follow Swazi Media Commentary visit the blogsite here. I would like to thank all the people by name who have assisted us in the past year with information and commentary, but anyone who understands the nature of the Swaziland state will know why this cannot be done. Richard Rooney Compiler, Swaziland Newsletter December 2012

JANUARY

Newsletter 236 6 January 2012

COCA-COLA SUPPORTS SWAZI DICTATOR A report about the relationship between Coca-Cola and King Mswati III of Swaziland has been published in the media across the world during the past 24 hours. It is based on a statement from the Swaziland Democracy Campaign calling for the drinks firm to sever its ties with the last absolute monarch in sub-Saharan Africa. I wrote about Coca-Cola and Swaziland on this blog on 21 January 2011. That posting contains more detail about what Coca-Cola gets up in to than the SDC report - so for those interested I have reproduced it here. SWAZILAND: SPONSORED BY COCA-COLA Coca-Cola is to work to promote Swaziland, a kingdom with one of the worlds worst human rights records. Coca-Cola presently contributes about 40 percent of the kingdoms gross domestic product (GDP) through the concentration plant it has in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch.

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This helps to prop up a regime that consistently uses torture against dissidents and alleged criminals. In September 2010, Barnabas Dlamini, Swazilands illegally-appointed Prime Minister, said he wanted people (especially foreigners) who criticised him and his government to be tortured using foot whipping. Swaziland Investment Promotion Authority (SIPA) has said that it will work with Coca-Cola to market the kingdom internationally. Phiwayinkhosi Ginindza, SIPA Chief Executive, said a country market study done with Coca-Cola was almost complete. Ginindza told the Swazi Observer, the newspaper in effect owned by King Mswati, they had identified Taiwan, the Middle East, and Europe as some possible targets. Swaziland supplies the Coca-Cola concentrate (the sugary syrup the drink is made from) to most of Africa, big parts of Asia and all of Australia and New Zealand from its industrial plant in Matsapha. Swaziland has been mortgaged to Coca-Cola, ever since it allowed the company to use it in its fight against workers interests in other countries. In 2009, Coca-Cola closed its concentrate supply plant in Nigeria, citing an unfriendly manufacturing environment in that country. It had made little profits because of the high manufacturing costs. Coca-Cola is said to be so large in Swaziland that it accounts for 40 percent of the kingdoms GDP, but it is said to be exempt from paying full taxes.

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Coca-Cola also has an impact on the international standing of Swazilands economy. The money generated by Coca-Cola is what largely accounts for the kingdom being classified as a lower-middle income developing country (and therefore not eligible for certain types of international aid), even though seven in ten of Swazilands one-million population live in abject poverty, earning less than one US dollar a day. This dominance of the Swaziland economy by Coca-Cola represents a breathtaking piece of economic mismanagement by King Mswati and the governments he appoints. It in effect allows Coca-Cola to determine the economic (and other policies) of the kingdom. Coca-Cola can blackmail Swaziland at any moment it likes. If it doesnt get its way it simply has to threaten to take its business elsewhere and Swazilands already depressed economy sinks into the mire. Of course, it could use this power for positive effects. It could demand political reforms in the kingdom that has one of the worst human rights records in the world. It could insist that political parties be unbanned and that the Swaziland Constitution be honoured. Alas, Coca-Cola wont do any of that: it likes things the way they are. Coca-Cola is in Swaziland in such a big way precisely because it is a dictatorship. This allows wages to be kept low, unemployment high and workers rights to be oppressed. It also means that Coca-Cola can work directly with King Mswati and the King can ensure that the company gets all it wants. It is no secret that the King keeps a slice of the income from Coca-Cola in trust for the nation, which we all know means, for himself. 12

King Mswati is said to be so close personally to Coca-Cola that he visits the companys global headquarters in Atlanta, Georgia, US, each year. Ginindza, of SIPA, told the Observer, We decided to use Coca-Cola as they have shown so much love for the continent [Africa] and they care for it. Over the past 20 years Africa has developed a relationship with them. But does Coca-Cola really love Africa? In October 2010, Bloomberg Business Week reported that Coca-Colas sales in the US and other countries had stagnated and it will rely on some of the poorest nations (including in Africa) to generate the 7 to 9 percent earnings growth it has promised investors. Consumption of Coke is also low in India and China, relative to the US, Europe, and Latin America, but those countries present less of an opportunity for the company than Africa, where Coke is the dominant brand and a middle class is just emerging. Tara Lohan at foodchange.org reports that Coca-Cola has been in Africa since 1929, but has not reached total domination yet. Lohan says, The reason for this is that while there are many countries in Africa with growing middle classes, its also a continent with extreme poverty, scarce or unclean water sources, hunger, political instability, and war. Coke intends to spend $12 billion in the next ten years there and what do Africans get in return? A product that will use vast amounts of water, create more waste, and offer people no nutritional value. Lohan adds, Having recently been briefed on Cokes sordid history in Michael Blandings new book The Coke Machine: The Dirty 13

Truth Behind the Worlds Favorite Soft Drink, I have to say Im extremely wary of the companys advances. Blanding's book details Coke's history of anti-union activity in Central and South America, allegations of its fraternization with paramilitaries who murdered bottling plant workers, the effects of marketing to kids in schools, and the wake of environmental catastrophes the company left behind in places like India where Coke has drained and polluted drinking water. Lohan says, If that's what Coke has in store for Africa, then it looks like the continent is getting the raw end of the deal. So there you have it. King Mswati allows Swaziland to be taken for a ride, for his own personal gain. 2011: THE END OF THE BEGINNING? The end of the beginning? 2011, a year in the struggle for freedom in Swaziland by Richard Rooney is a new book published today (31 December 2011) and available free-of-charge online. You can read on screen or download it to your computer here. Here is an extract from the Introduction to the book. Tuesday April 12 2011 may yet go down in history as a watershed in the struggle for freedom in Swaziland. To borrow the words of Winston Churchill, it might not have been the day that the struggle for freedom in Swaziland ended in victory for the people. It might not even have been 14

the beginning of the end. But it was, perhaps, the end of the beginning. After this day things would never be quite the same again in Swaziland. It was on April 12 that Swaziland saw its biggest demonstration in living memory. It was to be the start of three days of protests across the tiny kingdom in southern Africa. Ordinary Swazis were fed up with the regime of King Mswati III, sub-Saharan Africas last absolute monarch. Theyd had enough of being denied their basic human and civil rights and were ready to fight for their freedom. They wanted an end to the corruption of the King and the governments he appoints. They wanted the freedom to meet, to demonstrate, to form political parties and to choose their own government all things denied to them by the King. A group of people, unaffiliated with any of the existing political parties or lobby groups, created a Facebook site and called it the April 12 Swazi Uprising. April 12 was the day in 1973 that King Sobhuza II, the father of the present King, tore up the countrys constitution and began to rule by decree. Despite the signing into law of a new constitution in 2006, people in the kingdom still live under the yoke of that decree. The April 12 group caught attention in Swaziland and across the globe. It called for an uprising to start on April 12 2011 and soon prodemocracy activists, trade unionists, journalists and progressives from all over the world were watching the kingdom. Swaziland had seen many street protests before, but this one was to be different. This was meant to be the beginning of the end. This one was also to be the first to be played out on the Internet. Members of the April 12 group claimed they were a real on-the-ground 15

organisation with at least three full time organisers. Perhaps they were, but mostly their battle was fought in cyberspace using social networks such as Facebook, Twitter and blogsites. The Uprising was brutally put down by police, but the struggle for democracy in Swaziland continues. This book looks at what happened in 2011. It is compiled from the pages of Swazi Media Commentary, the blog that contains information and comment on the fight for human rights in Swaziland. As well as the events of April 12, the book covers in much detail the massive meltdown of the Swazi economy, caused by the governments handpicked over the years by King Mswati; and also caused in no small part by the greed and corruption of the King himself and his close supporters. The economic meltdown has sensitised many people in Swaziland to the need for root and branch political reform in the kingdom. This book starts with a section on the April 12 Uprising which is followed by the account of the economy. There then follows separate chapters looking at events in each month of 2011. These events include many protests, including the Global Week of Action held in September. They also highlight the numerous violations of rights suffered by the poor, by children, by women and by sexual minorities, among others, in the kingdom.

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TIMES CENSORS ROYAL AIDE REPORT The Times of Swaziland, the kingdoms only independent daily newspaper, is self-censoring again. It runs a report today (22 December 2011) that a royal aide has been fined five cattle and banned from royal households for handling a certain matter without first consulting traditional prime minister TV Mtetwa first. The Times doesnt name the female aide, nor does it say what she is alleged to have done. But the newspaper says, The Times Investigations Department (whatever that is) has been reliably informed that the aide was summoned to Ludzidzini royal residence three times before the beginning of the Little Incwala. It says, The case was eventually concluded on Friday, November 18, 2011 when the aide was told of the fine and the ban. So the Times leaves its readers in a fog. But some Swazis are asking, could this be the same story that the truly-independent Swazi Mirror ran about Inkhosikati laDube, the 12th wife of King Mswati III, who was last month (November 2011) chucked out of the royal palace by Mtetwa and his henchmen? The Mirror reported that laDube sent an aide to the Ministry of Home Affairs to change her name to Nonthando Moosa.

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LaDube came to international media attention (but the news was censored in Swaziland) in August 2010 when she was discovered in a sexual affair with Ndumiso Mamba, the then Justice Minister. Meanwhile, the Times report unwittingly gives an insight into what its really like for women in Swaziland. They have no standing on their own and are the subjects of their male relatives. The Times reports the female royal aide was told she had to attend at police headquarters. The newspaper quotes her saying, When I got there he told me that he had been sent by TV Mtetwa to take me to Ludzidzini. When we got there I found Mtetwa and Bheki Dlamini who told me the reason I had been summoned. They asked for my relatives and I told them my brother was Chief Mvimbi. I was told to come with him the following day. She said on the next day her brother told Mtetwa and Dlamini that she was now a married person and therefore her matter had to be tackled by her husband. The aide said, We were then told to come on the following day again, with my husband this time. Indeed, I came with my husband, brother and other relatives. That was when Mtetwa told us of the fine and that I was not to be seen within royal households anymore. This was done without affording any of us a chance to give our side of the story. See also KINGS WIFE THROWN OUT OF PALACE 18

TENSION AS PUBLIC SERVANTS UNPAID There is tension in Swaziland today (21 December 2011) amid fears of unrest as civil servants discovered they have not been paid this month. Salaries should have been deposited in accounts yesterday, but although pay slips were sent out no funds were transferred to banks. The Swazi Government is all but broke and had trouble paying salaries last month. Swaziland Finance Minister Majozi Sithole said then that he had secured enough money to pay salaries for four months. There are now serious doubts that he was telling the truth. Among those left unpaid are members of the Swaziland National Association of Teachers (SNAT), one of the main critics of the government. The SNAT Facebook site has been awash with posts from teachers complaining against the government and calling for a mass protest to be held at the Ministry of Finance today, if salaries are not paid immediately. Yesterday, disjointed reports came out of Swaziland saying that only members of the army, police and prison staff had been paid. It is unclear if this is true: some reports say as with the teachers they received pay slips, but no money. There were also reports yesterday that road blocks have been set up throughout Swaziland leading to speculation that police were trying to disrupt any potential protests from unpaid civil servants.

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Today, both Swazilands daily newspapers report the Swaziland Government claims that the money is available to pay salaries and that the delay in payment was caused by administrative error. Media also report that Percy Simelane, the official government spokesperson, and Finance Minister Sithole were unavailable for comment most of yesterday and let their phones ring unanswered. See also SECRECY SURROUNDS NEW SWAZI LOAN

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Newsletter 237 13 January 2012

VERY CRUDE SWAZILAND OIL DEAL King Mswati III of Swaziland has done a deal with the President of Equatorial Guinea to import crude oil into his kingdom. The oil will be refined into consumer products such as petrol, kerosene, asphalt and chemical reagents. But, Swaziland has no oil refineries and no history of any heavy industrial development. So, the crude oil will be transported from Swaziland to South Africa where it will be refined and the processed products will be sent back to Swaziland. The Times of Swaziland, the kingdoms only independent newspaper, today (12 January 2012) reports that the King has been entertaining the President of Equatorial Guinea Obiang Nguema Mbasogo in Swaziland this week. He has been trying to impress upon the President that his kingdom is a place worth investing in. Thembinkosi Mamba, Principal Secretary in the Ministry of Natural Resources and Energy, told the newspaper the Swazi Government had plans to build its own refinery so that, in future, the crude oil would be brought directly to Swaziland for refinement and separation, thereby, cutting down on costs.

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According to the Times, the oil deal is separate from all the other bilateral agreements which will be signed this afternoon. Although the Times doesnt say this, it looks like this deal is something special the King has dreamt up. In the past, as with the notorious US$5 billion power plant deal that turned out to be a con-trick, the King has bypassed his parliament and made deals on his own imitative. Clearly, Swaziland has no need to import the crude oil and doesnt have the capacity nor can it develop the capacity in the foreseeable future to process the oil once it receives it. Considering the dire state of the economy, Mambas claim that Swaziland will be able to build its own refinery is a fantasy. The deal is pointless - why doesnt Equatorial Guinea just send the crude oil to South Africa for refinement, bypassing Swaziland altogether? The deal is also too costly. Mamba told the Times, There are costs involved in the acquisition of the oil, like the cost of transporting it to South Africa where it will be refined, and the charges that we will have to pay for refining it in that country. Looks like King Mswati is about to enter a bad deal that will cost his subjects a great deal of money, rather than save them some. So whats going on? Obiangs regime has been labelled one of the worlds most corrupt by international rights groups. Transparency

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International has ranked Equatorial Guinea 168th out of 178 countries for its efforts in tackling corruption. Only last month (December 2011), the UK International Development Secretary Andrew Mitchell told his parliament that oil wealth was being stolen from Equatorial Guinea for the corrupt and personal use of an unaccountable and self-serving elite. The US Justice Department said in October 2011 it was looking to seize assets worth more than US$70 million from Obiangs son, Teodoro Nguema Obiang Mangue, including a US$30 million home in Malibu. In September 2011 the presidents son visited Swaziland. While he stayed at the five-star Royal Villas Resort (where the president has been staying this week) he had his bag stolen containing US$2.5 million in bank notes. We still dont know why he came to Swaziland with so much cash in his case, but it is hard to believe it was for legitimate reasons. Now, three months later his father is in town and a needless oil deal is signed with the King. See also $5bn SWAZI POWER PLANT WAS A CON

CALL TO BOYCOTT COCA-COLA Africa Contact, the Denmark-based NGO, is calling for a boycott of Coca-Cola products because of its links with King Mswati III of 23

Swaziland and the way it helps to prop up the Kings regime which denies Swazi people their basic democratic rights. The company also exploits Swazi sugar cane workers and has a large control over Swazilands economy. Africa Contact asks people to write a protest letter to Coca-Cola Denmark's Public Affairs & Communications Director in Denmark, Michael Bonde Nielsen (who is, also Public Affairs Director at the independent liberal, free market think tank, CEPOS). Click here for an online letter (in Danish) that you can add your name to. Below is an article Africa Contact published yesterday (11 January 2011) in Danish. It has been translated to English using Google (its far from perfect English, but you will get the point). An English article from Africa Contact's website that more or less makes the same points as the Danish article, can be found here. Coca-Cola controls Swaziland, boycott the company says Africa Contact "Boycott Coca-Cola and tell them why! - It's the only way to stop the company's real support for dictatorships and the exploitation of poor workers," says the Danish solidarity organization Africa Contact. Coca-Cola is one of the world's best known brands and biggest companies. More than one billion cans or bottles of Coca-Cola drink a day for everything from downtown New York to small villages in Africa. That the company while exploiting countries and populations in developing 24

countries desperate situation to further enrich themselves are less known. With over 70,000 employees Coca-Cola is one of the largest employers in Africa, a continent where many poor people spend money on unhealthy Cola instead of subsistence. Coca-Cola's headquarters in Africa lies in the small absolute monarchy, Swaziland. Here the company manufactures its cola extract the entire production in Africa, parts of Asia and New Zealand and Australia. Swaziland is a country where the king has the final say in all decisions where the country's nascent democracy movement brutally suppressed, where over two thirds of the population survives on less than a dollar a day, many on food aid from the UN, and where life expectancy is under 40 years because of an AIDS epidemic that is out of control. Simultaneously live country's royal family and King Mswati III and a small elite in the wild luxury, while the country is heading towards an economic collapse, where one has not even afford to pay public service salaries and pensions for the elderly. The collaboration between Coca-Cola and the regime in Swaziland is especially for the multinational company's advantage. CocaCola contributes to approximately 40% of Swaziland Gross domestic product, giving the company a great influence to the country's regime - if not toe the regime, one can simply threaten to move elsewhere. In addition, you get access to its good infrastructure, cheap labor, favorable tax conditions, and sugarcane. 25

Swaziland's population, and especially sugar cane workers (according to Human Rights Watch doing the most dangerous farm work of all) who harvest the sugar cane along with water is the main ingredient in Coca-Cola, have not identified many benefits of working with CocaCola. King creaming off while the workers who harvest the sugarcane worker in miserable and almost feudal relationship with a very small salary. In the villages in Vuvulane, Swaziland "sugar belt" working majority as casuals for a few hundred dollars a month - not even enough to secure food, medicine and schooling for workers' families. It also handles the subcontractors, such as Coca-Cola uses, almost works as serfs. "Sugar Companies confiscate our kitchen gardens and close to our water supply in order to punish us," said cane workers in Vuvulane region Africa Contact. "Moreover, they ensure that we get caught and arrested when we fish in the local lake. They must use the water itself. " The democracy movement in Swaziland has therefore appealed to the Coca-Cola to break off relations with King Mswati III's regime, without success. Africa Contact calls for you, in solidarity with the people of Swaziland, is helping to put pressure on Coca-Cola in our part of the world by boycotting Coca-Cola, as well as any contacts Coca-Cola's Danish department communications director, Michael Bonde Nielsen (mbondenielsen@coca-cola.com), to tell the company about the basis of your decision.

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Newsletter 238 20 January 2012

NO PARTIES AT SWAZILAND ELECTION King Mswati III of Swaziland is to fly in the face of international opposition and continue his ban on political parties at the national elections next year (2013). Political parties have been banned since 1973 when Mswatis father, King Sobhuza II, tore up the Swazi constitution and ruled by decree. Today, King Mswati is sub-Saharan Africas last absolute monarch. This week, Chief Mgwagwa Gamedze, the Minister of Justice and Constitutional Affairs in the Swaziland Government, handpicked by King Mswati, confirmed that there would be no changes to the way the national elections would be run. This means parties are banned and only candidates standing as individuals can compete for election. This flies in the face of international opinion. At the last election in 2008, the European Union refused to send a delegation to monitor the fairness of the election. It said at the time that it was clear that Swaziland was not a democracy The Pan-African Parliament, which did monitor the election, reported, The non-participation of political parties makes these elections extraordinary from any others but we hope with time things will change. 27

In 2003, the Commonwealth Expert Team (CET) which observed that years election, concluded, We do not regard the credibility of these National elections as an issue: no elections can be credible when they are for a Parliament which does not have power and when political parties are banned. After the 2008 election the CET repeated its view that Swazi elections were not credible and called for Swazilands constitution to be rewritten to unban political parties and ensure that Swazilands commitment to political pluralism is unequivocal. Since the 2008 election there have been many mass protests in Swaziland calling for the unbanning of political parties and other reforms. These calls have been supported by international organisations. Among them is the International Commission of Jurists which says people in Swaziland have a fundamental right to form political parties. At present the Swaziland Parliament has few powers. Of the 65 members of the House of Assembly, 10 are chosen by King Mswati and 55 are elected as individuals by the people. In the senate King Mswati chooses 20 of the 30 places. The other 10 are chosen by members of the House of Assembly. None are elected by the people. See also EU SNUBS SWAZILAND ELECTION MULTIPARTIES WILL SAVE SWAZILAND 28

SWAZI POLICE INTIMIDATION REBUFFED Trade unionists in Swaziland stood their ground and refused to allow police to break up their legitimate meeting. Police wanted the gathering in Lubombo stopped because they had not been informed of the agenda. The meeting organised by the Trade Union Congress of Swaziland (TUCOSWA) was to discuss the Swazi Governments plan to introduce value added tax (VAT) into the kingdom. A report from Swaziland says that more than 10 police officers arrived before the meeting started at a local school. The police forced their way into the room after organisers refused their demand to call off the meeting. According to a report in the Times of Swaziland, there was shoving and pushing between the police and the trade unionists, but the police backed down after the organisers refused to be intimidated. A police spokesperson told the newspaper that organisers should have been informed about the meeting. This is not the first time that Swaziland police have intervened in legally-held meetings. In November 2011 they stopped a prayer meeting for the problems that engulfed the country at the Lutheran church in Mbabane. Also in 2011, armed police invaded the High Court to stop lawyers meeting to discuss their on-going campaign to get Michael Ramodibedi, the Swaziland Chief Justice removed from office. 29

Police stopped trade unionists and lawyers from delivering a petition to Minister of Labour and Social Security and the Minister of Justice and Constitutional Affairs. Police brutally put down a meeting of civil society groups held at the Swaziland National Association of Teachers Centre to prepare for a mass protest in March. See also POLICE STOP PRAYERS FOR DEMOCRACY

SACKED SWAZI EDITOR IS NO HERO We should not think that Musa Ndlangamandla, who has been sacked as editor-in-chief of King Mswatis newspapers, was a supporter of democracy in Swaziland. Since news of his sacking broke yesterday (18 January 2012), unconfirmed reports have stated that Ndlangamandla was sacked from the Swazi Observer (where he had been editor for 12 years) because he published interviews with pro-democracy activists. This had led some people to believe that he was a fearless journalist determined to use the Observer newspapers in the struggle for freedom in Swaziland, where King Mswati III rules as sub-Saharan Africas last absolute monarch.

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Nothing could be further from the truth. Ndlangamandla wasnt a journalist; he was a propagandist for King Mswati pure and simple. And dont just take my word for it. Heres what Ndlangamandla wrote in the Observer on 1 March 2010. But our collective stand as a newspaper is that the integrity of Swaziland as a democratic State and His Majesty King Mswati III as the legitimate leader of the Swazi nation, must never be compromised in any way. You couldnt get clearer than that: Ndlangamandla is King Mswatis mouthpiece. And, Ndlangamandla had his fingers in others of King Mswatis pies. He was a regular speechwriter for the King and travelled the world at the Swazi taxpayers expense with him to write acres of fawning articles in the Observer praising the King to the sky. So what went wrong for Ndlangamandla? The answer is a little clouded, but one thing seems certain, he lost a struggle with Barnabas Dlamini to be King Mswatis most obsequious toady. The Observer, along with the private press in Swaziland, published articles calling for Dlamini to resign and exposing his shady business deals. Ndlangamandla hoped this would put paid to Dlaminis influence with the King. But the King needed Dlamini more than he needed Ndlangamandla. King Mswati appointed Dlamini Prime Minister in contravention of the Swazi Constitution in 2005. Dlamini was never elected to 31

parliament, but nonetheless the King chose him to do his will in government. And, from the Kings point of view Dlamini did this rather well using state terror against all opposition, however minor. Dlamini has played a major role in keeping Mswati in the luxury he has been accustomed to, including giving the King and his Royal Family large increases in their budgets last year (2011) while all government departments had theirs slashed. Ndlangamandla couldnt offer the King anything like that. All he could give were fine words and there is no shortage of people in Swaziland prepared to give the King those, if they get favours in return. So when Ndlangamandla thought he could take on Dlamini, he discovered how little value he was to the King and he got the boot. The lesson for Ndlangamandla and all the other hangers-on of the King: the King doesnt give a damn about you. Once he has wrung you dry and he has no further need for you, he throws you on the scrapheap. See also KINGS PAPER SACKS EDITOR-IN-CHIEF SWAZI OBSERVER IS PROPAGANDA OBSERVER STILL PROPAGANDA RAG

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LIES AT SWAZI EXPLOSIVES TRIAL (Peter Kenworthy, Stiffkitten blog) Swazi student leaders trial begins with prosecution witness lies The trial of Swazi student leader and political prisoner, Maxwell Dlamini, finally started last week after having been postponed and delayed since last April, where Maxwell Dlamini was apprehended by police and allegedly tortured and forced to sign a confession to being in possession of explosives. At the trial, Maxwell Dlamini and his co-accused, Musa Ngubeni, pleaded not guilty to the charges of contravening Swazilands Explosives Act 4 of 1961. Several representatives of Swazilands democratic movement have referred to the charges as ludicrous and the long delay of the trial as a deliberate act by Swazilands absolute monarchy to discourage any opposition to its undemocratic and brutal rule. According to Wandile Dludlu of the Swaziland United Democratic Front, an umbrella movement of democratic forces in Swaziland, over 60 activists attended the court session in a show of support for Maxwell Dlamini and Musa Ngubeni. But the state is playing dirty delaying tactics because they dont have credible witnesses, said Dludlu, The only state witness, superintendent Clement Sihlongonyane [who arrested Maxwell and Musa in April 2011], has already told blatant lies during a gruelling cross examination on the first day.

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According to the Times of Swaziland, Sihlongyane had claimed that Dlamini and Ngubeni led them to the explosives hidden in a forest voluntarily and that bomb experts confirmed that the red, black and grey cables which were hidden in a white shoe box were indeed explosives. Sihlongyane later complained to court of not being well, Wandile Dludlu said. But on the second day of the trial, after the magistrate granted him relief to go to hospital, he came outside court to joke with his colleagues when Maxwells mother confronted him about the morality of his behaviour. He ran amok with all sorts of insults right in front of everybody. The case is set to continue on the15th and 16th of February, the further delay being due to the alleged illness of superintendent Sihlongonyane.

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Newsletter 239 27 January 2012

PERKS OF SWAZI POLITICIANS EXPOSED Trade unions are gearing up to advance their fight against the Swaziland regime and the greed of the politicians who voted themselves payoffs and perks worth millions of US dollars. Protesters want the Finance Circular No 1 2010 that authorised the payments scrapped. Swaziland, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, is broke and the government is struggling to pay its bills, including wages of public servants. Seven in 10 of the 1 million population live in abject poverty, earning less than US$2 per day. It is extremely difficult to get current figures on the pay scales of Swazilands politicians, but in April 2011 the Times of Swaziland, the kingdoms only independent daily newspaper, reported salaries as follows: The PMs basic salary is E635 296 per year and his allowances amount to E275 648. The deputy prime minister is paid a E581 772 per year and his allowances stand at E254 524 per year. Cabinet ministers are paid a basic salary of E508 237 per year while their allowances stand at E562 534 per year. 35

To refresh memories, here is a digest of what the politicians voted for themselves in Circular No 1. Constituency allowance: The prime minister and his deputy despite not having a known constituency, are paid 12.5% of their basic salary as constituency allowance. Others who are paid at the same rate are ministers, presiding officers, MPs, Senators, Regional Administrators (Ras). Entertainment allowance: Prime minister, his deputy, ministers, RAs, presiding officers, MPs including Senators and Tindvuna TetiNkhundla are paid entertainment allowance at a scale of 7.5% of their basic pay. Housing benefit: Prime minister, his deputy, minister, presiding officers and RAs are entitled to a housing loan of up to E1.5 million at a maximum of 8% interest for up to 10 years to be arranged by government. MPs and the rest are entitled to a E650 000 loan at a maximum of 8% interest payable over five years. Tax reimbursement: The intention of this allowance is to assist cabinet members with the payment of tax on their benefits. These allowances are paid to 36

compensate for legitimate expenditure in the nature of their duties. The prime minister and his team get a 10% reimbursement of basic pay annually. No other politician enjoys this benefit other than themselves. Utilities: The circular gives the prime minister and his deputy the privilege of having their water, electricity and municipal rates paid for by government for official residence and one private home ministers and RAs only enjoy water, electricity and municipal rates paid for by government. Presiding officers and deputy presiding officers only get an allowance of 5% of their basic pay in turn. Vehicles: The prime minister and deputy prime minister are provided with official vehicles. They are also to receive an annual capital allowance of E120 000 to enable them purchase equivalent vehicles for their private use. The capital allowance shall be equal to that of cabinet ministers. On leaving office or dissolution, whichever comes first, they will get a cash payment equivalent to the value of their benchmark vehicles less the capital allowance over the period. Further the PM is entitled to a requisition of government truck up to 12 times a year for the transportation of bulk goods within Swaziland. Meanwhile ministers are paid E120 000 annually as capital allowance and a further E74 063 as maintenance allowance.

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Funeral assistance: PM is covered for E80 000 whilst given E30 000 as assistance allowance in case of his spouses demise DPM funeral costs are covered for E70 00 and would get E20 000 assistance for spouse Minister is covered for E60 000 and E12 000 funeral assistance for spouse Presiding officers are covered for E40 000 and no mention for spouse Deputy minister, RA, deputy presiding officer are covered for E30 000 MPs are covered for E20 000. Benefits for ex-PM and their spouses: Ex-PM who is not under formal employment gets E10 000 monthly Ex-PM spouse whose husbands died gets E5 000 monthly Ex-PM would get E80 000 funeral assistance and their spouses covered at E30 000. As well as these allowances that are already in force, There are plans to offer payoffs worth E60 million (US$7.55 million) when the present parliament ends next year (2013). Barnabas Dlamini, Swazilands illegally-appointed Prime Minister, will personally get E1.6 million; his deputy, Themba Masuku, who already claims to be a millionaire, is expected to receive E1.4 million. Each cabinet minister will receive E1.2 million, while Senate President, 38

Gelane Zwane and Speaker, Prince Guduza stand to pocket E1.1 million each. The four regional administrators will also take home E1.1 million each. The deputy senate president and speaker will each get E495 000. Each of Swazilands MPs will get E435 000. MAXWELL NOMINATED FOR HUMAN RIGHTS AWARD (Peter Kenworthy Stiffkitten blog) President of the Swaziland National Union of Students (SNUS), Maxwell Dlamini, has been nominated for the 2012 Front Line Defenders Award for Human Rights Defenders at Risk. The award is presented by Front Line, an Irish-based human rights organisation founded by former director of the Irish Section of Amnesty International, Mary Lawlor, and is given to human rights defenders who, through non-violent work, are courageously making an outstanding contribution to the promotion and protection of the human rights of others, often at great personal risk to themselves. Maxwell Dlamini was detained, tortured and forced to sign a confession by members of Swazilands police and security forces during the so-called April 12 Swazi Uprising, a peaceful protest inspired by the Arab Spring that was brutally clamped down upon by Swazi police and security forces. He is currently on trial for allegedly having been in possession of explosives and remanded and the infamous Manzini Remand Centre. Several representatives of Swazilands democratic movement have called the allegations against Maxwell Dlamini absurd, and an international campaign has demanded his unconditional release. 39

Maxwell is a threat to the undemocratic Swazi regime precisely because he is a strong and a brave young leader who stands up and defends human rights, says Dumezweni Dlamini from the Foundation for Socio-Economic Justice, a partner organisation of Maxwells SNUS. This is why he has been put behind bars. But there cannot be a better recipient [of the award] than this rare gem of a new generation of activists for the liberation of Swaziland, says Wandile Dludlu from the Swaziland United Democratic Front. Maxwell has been at the service of the youth in an oppressive dangerous political environment and has led the students in several campaigns of peaceful protests against unjust government policy. We are proud to be associated with SNUS, who has been producing leaders of a special pedigree like Maxwell. They have made an indelible mark in the history of our struggle for democracy, human rights and good governance. The Front Line Defenders Award is presented annually. The winner and his or her organisation is awarded with a cash prize of 15,000. Last years award, presented by former Irish Prime Minister Mary Robinson, was given to the Joint Mobile Group of the Russian Federation for their outstanding work investigating torture, killings and disappearances in Chechnya. STRIKE AGAINST SWAZI FAT CATS Trade unions in Swaziland are ready for a series of rolling strikes to force the government of the cash-strapped kingdom to stop paying cash

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bonuses worth millions of dollars to the Prime Minister, ministers, senators, MPs and senior civil servants. Barnabas Dlamini, Swazilands illegally-appointed Prime Minister, will personally get E1.6 million; his deputy, Themba Masuku, who already claims to be a millionaire, is expected to receive E1.4 million. Each cabinet minister will receive E1.2 million, while Senate President, Gelane Zwane and Speaker, Prince Guduza stand to pocket E1.1 million each. The four regional administrators will also take home E1.1 million each. The deputy senate president and speaker will each get E495 000. Each of Swazilands MPs will get E435 000. The total sum of the payoffs is in the region of E60 million (US$7.55 million). They will get the money next year (2013) when the present parliament comes to an end. These payouts are contained in an order known as Financial Circular No 1 2010. Also contained in the circular are a raft of perks that the parliamentarians are already receiving each month, including housing, entertainment and travel allowances. In Swaziland seven in ten people live in abject poverty earning less than US$2 a day. The kingdom has run out of cash and has struggled in recent months to pay salaries of public servants. It has left many of its regular bills unpaid and has failed to get the support of the International Monetary Fund to get loans from the international financial community. All the major trade unions in Swaziland, including the Swaziland National Association of Teachers (SNAT), Swaziland Federation of Trade

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Unions (SFTU) and the Swaziland Federation of Labour (SFL), have told the Prime Minister they want Circular No 1 scrapped. In a letter to the PM they say they will embark on a series of protest actions to force the governments hand. The trade unions also want democratic changes in the kingdom ruled by King Mswati, sub-Saharan Africas last absolute monarch, including the unbanning of political parties and the release of political prisoners. They also want proposed cuts in public service jobs to be halted. Anger is growing in Swaziland against the government, handpicked by King Mswati. In 2011 there were a series of strikes and protests, which were put down by police and troops loyal to King Mswati. See also SWAZI MPS REFUSE TO CUT THEIR PAY

SWAZILAND KINGS WORD IS LAW If you still refuse to believe that King Mswati III is an absolute monarch, read on. Parliamentarians in Swaziland are in a fix because it is not clearly understood what it is that King Mswati, sub-Saharan Africas last absolute monarch, has instructed them to do.

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The problem is this: for more than a year the Swazi Government has been trying to implement what it calls a Fiscal Adjustment Roadmap (FAR). It came up with the FAR when it became clear that the kingdom had run out of money and was on the way to going broke. It wanted to get a loan from the African Development Bank, but before it could get this it needed the support of the International Monetary Fund (IMF). The IMF said the government had to cut public expenditure and raise more money in taxes. The FAR was the governments blueprint to do this. So far so good, the government thought. But it drove straight into a problem when it decided that to cut public expenditure it would demand pay cuts from public servants and retrenchments (maybe as many as 7,000 jobs would go) or a combination of both. The government set its stall on a cut of 10 pecent in public service pay, which the unions rejected outright. This led to stalemate. Discussions continued between the Swaziland government, headed by Barnabas Dlamini (who was personally appointed by the King) and the IMF, on the best way forward. Talks also took place with the unions, but no agreement could be reached. Then King Mswati stepped in. He is reported to have declared in a speech that the government should not unilaterally implement the 10 percent pay cut. In Swaziland King Mswatis word is law, so the government wants to abide by it. The trouble is that although the unions say the King made the statement, the government says he didnt.

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Now, the whole emphasise of the debate on public spending cuts has changed. No longer is there negotiation between government and unions about the best way forward. The only question on the table is what did King Mswati actually say? When that is decided the matter is at an end. So forget the year-long discussions with the IMF; forget the governments FAR; forget the loan that might be forthcoming from the African Development Bank. All that matters is what King Mswati said (or didnt say). Nobody should be the least surprised by this. The Swaziland parliament has no real powers. The King appoints the Prime Minister and Cabinet. The King appoints 20 of the 30 members of the Swazi Senate members of the House of Assembly appoint the other 10. Of the 65 members of the House of Assembly itself, 55 members are elected by the people (but political parties are banned) and the remaining 10 are appointed by the King. SACKED EDITOR ATTACKS SWAZI KING Musa Ndlangamandla, who last week was sacked as editor-in-chief of King Mswatis Swazi Observer newspaper group, has said he would rather eat grass than work for the King again. Ndlangamandla was giving his version of the events running up to his sacking. He said over the past year he had been in a battle with

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Swazi Prime Minister Barnabas Dlamini which he lost. And that cost him his job. Ndlangamandla was also a speechwriter and praise singer for King Mswati, sub-Saharan Africas last absolute monarch, until he was fired last year (2011). Ndlangamandla had been editor of the Observer for 12 years and was a staunch supporter of King Mswati and was in effect the Kings propagandist. He wrote in the Observer that the collective stand of the newspaper was that the integrity of Swaziland as a democratic State and His Majesty King Mswati III as the legitimate leader of the Swazi nation, must never be compromised in any way. During Ndlangamandlas time in control many stories about King Mswati were censored. These included the calculation from Forbes that King Mswati has a personal wealth of about US$200 million; that in 2011 the King received a huge increase in his budget while all public spending elsewhere in the kingdom was slashed to the bone; and a sex scandal involving the Kings 12th wife and a cabinet minister. All these reports appeared in media outside of Swaziland. The Observer also failed to report criticisms the King was receiving in the international arena for his attack on freedoms in Swaziland and his lavish personal spending; while as many as 60 percent of his subjects had to rely on international food aid to avoid starvation during the past five years.

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Now he has been sacked, Ndlangamandla is saying that Barnabas Dlamini, the man the King personally appointed Prime Minister, was the key mover in his dismissal. He wrote on Facebook (19 January 2012) that the Prime Minister turned against him after the Observer reported allegations that he had bought nation land for himself at a fraction of its true price. We pushed the land theft scandal by Barnabas and cabinet colleagues whilst I was still a speech writer for the king and whilst I was still travelling with the king and not after. Thats when Barnabas hatched the lie that I was mastermind behind April 12 uprising. This was after he and some in cabinet had had several meetings asking the king to fire me as speech writer and traveller on his trips and as Chief Editor at Observer. Ndlangamandla said he also gave space in the newspaper to a number of pro-democracy advocates, including Mario Masuku, Mandla Hlatshwayo, Lucky Lukhele, Bongani Masuku, Sibongile Mazibuko, Vincent Ncongwane and Jan Sithole. He wrote I knew that this would get me in trouble with the King, the PM and other powerfuls. But we had to do it because that was the right thing to do. Ndlangamandla concluded, I will never work for this regime again even if I may be asked to. Id rather eat grass. Ndlangamandla has received praise and criticism in equal measure since his sacking. Writers on social media pointed out that he

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was in effect the Kings placeman and is not a genuine supporter of democracy in Swaziland. The Swaziland Solidarity Network, a very vocal opponent of King Mswati, however, in a statement praised Ndlangamandla. It said, Ndlangamandla openly declared his misgivings with the government and the system of governance. He went as far as attempting to liberalise the newspaper, inviting progressive groups to contribute to his Asikhulumisane (let us talk) column. See also KINGS PAPER SACKS EDITOR-IN-CHIEF SACKED EDITOR IS NO HERO SWAZI EDITOR REPLIES

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FEBRUARY

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Newsletter 240 3 February 2012

SWAZI ECONOMY STILL OUT OF CONTROL Swazilands government has failed to make any headway in its attempt to steer the kingdom away from bankruptcy. Despite a year of statements from the government, handpicked by King Mswati III, sub-Saharan Africas last absolute monarch, that things are getting better, evidence released this week shows the opposite is the case. The International Monetary Fund has been in Swaziland over the past few days to meet with top politicians and completed its mission yesterday (1 February 2012). In a statement the IMF revealed that the Swazi economy continued to be out of control. The Swazi Government had announced before Christmas that it would be receiving a windfall of about E7 billion from the Southern Africa Customs Union (SACU). It led people to believe that this money would be available to pay public servant salaries for the coming months. Before Christmas the government struggled to meet the December wage bill. But the IMF has told the government the best use of the SACU money is to pay off some of its debts especially to the Swaziland central Bank. The IMF also said the government should immediately cut the 49

wages bill by at least E300 million (1 percent of GDP). An early retirement scheme would help to make this cuts, it said. In order to repay domestic arrears and advances from the central bank, the 2012/13 budget should aim at an overall surplus of E 919 million (3.1 percent of GDP). In addition to adjusting the size of the budget, the quality of spending should be improved, with more resources allocated to education, the fight against HIV/AIDS, and social protection for orphaned and vulnerable children and the elderly the IMF said. The IMF also said the government should aim for a budget surplus in 2012 2013 of E919 million (3.1 percent of GDP). Meanwhile, the government is under pressure to spend. The University of Swaziland has not opened this semester, saying it hasnt received money from the government to cover administration and salary costs. It is estimated it needs E22 million a month. Students have been protesting this past week because they have not been paid their allowances and there are reports that schools may close as fees have not been paid by the government.

HUMAN RIGHTS WATCH ON SWAZILAND The latest report on Swaziland, published by Human Rights Watch. It covers events in 2011. SOURCE

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The Kingdom of Swaziland, ruled by King Mswati III since 1986, is in the midst of a serious crisis of governance. Years of extravagant expenditure by the royal family, fiscal indiscipline, and government corruption have left the country on the brink of economic disaster. Under Swazi law and custom, all powers are vested in the king. Although Swaziland has a prime minister who is supposed to exercise executive authority, in reality, King Mswati holds supreme executive powers and control over the judiciary and legislature. The king appoints 20 members of the 65-member house of assembly and approves all legislation that parliament passes. Political parties have been banned in the country since 1973. Swaziland has one of the highest HIV prevalence rates in the world at 26 percent, but has failed to secure sufficient treatment for its population, including anti-retroviral drugs. With 80 percent of the population subsisting on less than US$2 per day, a 40 percent unemployment rate, and thousands of civil servants facing wage cuts, Swazi authorities have faced increasing pressure from civil society activists and trade unionists to implement economic reforms and open up the space for civil and political activism. Dozens of students, trade unionists, and civil society activists have been arrested during protests against the governments poor governance and human rights record. Freedom of Association and Assembly The government has intensified restrictions on freedom of association and assembly in the past few years. The Swazi constitution 51

guarantees these rights, but the provisions protecting these rights have been undermined by clauses that permit restrictions by the state. Authorities have also restricted political participation and banned political parties. Permission to hold political gatherings is often denied, and police routinely disperse and arrest peaceful demonstrators. On September 7, police beat and injured several students in Mbabane as they attempted to deliver a petition to the minister of labour and social security. Police detained two students, later releasing them without charge. On September 5, local civil society groups, trade unionists, workers, and students embarked on a week of action calling for, among other things, multi-party democracy, the release of political prisoners, and a freeze on wage cuts for civil servants. The week of action was supported by various trade union groups around the world, including the Congress of South African Trade Unions (COSATU), which sent representatives to Swaziland. The demonstrations turned violent. On September 7, police attempted to prevent the deputy president of COSATU, Zingiswa Losi, from addressing a rally and fired live ammunition, rubber bullets, and tear gas at crowds, resulting in several injuries in the town of Siteki. Losi and the deputy head of COSATUs international department, Zanele Matebula, were later deported. On September 9, police attempted to prevent leaders from the political movement Peoples United Democratic Movement (PUDEMO)

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from speaking at a rally in Manzini, beating PUDEMO and trade union leaders. On April 12, authorities responded to civil society plans for a mass demonstration against poor economic and human rights conditions by arresting about 150 civil society and trade union leaders. Police and security forces detained and beat several activists and placed many others under house arrest. Human Rights Defenders Police harassment and surveillance of civil society organizations increased in 2011. Political activists were arrested, detained, and tried under security legislation. They have also faced common law charges such as treason. Civil society activists and government critics have reported increased incidents of harassment, searches, and seizures of office materials, as well as monitoring of electronic communications, telephones calls, and meetings by the authorities. Police and other security officials routinely use excessive force against political activists. Local activists reported that police often use torture and other illtreatment against activists with impunity. No independent complaints investigation body exists for victims of police abuses. Freedom of Expression and Media Journalists and the media face continued threats and attacks by the authorities. Self-censorship in media is widespread. Publishing criticism of the ruling party is banned. On July 12, police stormed the 53

offices of the Times newspapers and served the editor with a court order to stop publishing any articles related to the chief justice. A high court later rescinded the order after finding no basis for it. The government has passed draconian security legislation such as the Sedition and Subversive Activities Act, which severely curtails the enjoyment of freedom of expression, among other rights, and allows for extensive imprisonment without the option of a fine if one is found guilty. The act has been used to harass activists and conduct searches of their homes and offices. Rule of Law Serious deficiencies in Swazilands judicial system persist. In an ominous precedent for the independence of the judiciary, Chief Justice Michael Ramodibedi in August suspended Justice Thomas Masuku for insubordination and for insulting the king, among other charges, in reaction to a January judgment by Justice Masuku in which he said King Mswati was speaking with a forked tongue. On August 11 Justice Masuku appeared before the Judicial Services Commission (JSC), whose six members are appointed by the king. On September 27 the king relieved Judge Masuku of his duties for serious misbehavior. Justice Masuku had in the past made several rulings in favor of human rights. Control over the daily allocation of cases for hearings, including urgent ones, has been placed solely in the hands of the chief justice, creating what is perceived by lawyers as an unacceptable bias in the administration of justice. In August the Law Society of Swaziland 54

instituted a boycott of the courts to protest these developments and the failure of the authorities to hear its complaints regarding the running of the courts, including the chief justices allocation of cases. On September 21, Law Society members delivered a petition to the minister of justice calling for action to address the decisions of the chief justice and the general administration of justice in the court system. Victims of human rights abuses and those seeking to advance the protection of human rights through the courts have little or no access to effective legal remedies. In June the chief justice published a directive protecting the king from civil law suits in the high court or any other courts, a clear violation of a citizen's right to be protected by the law and to be heard before an independent judiciary. Key International Actors In August the International Monetary Fund expressed serious concerns about Swazilands deepening fiscal crisis and called on the government to implement significant fiscal reforms. On August 3 South Africa agreed to a $355 million loan to help ease Swazi economic woes. However, in a move widely lauded by civil society groups in Swaziland and South Africa, the South African government insisted on political and economic reforms as conditions for the loan. The Swazi authorities declined the conditions, leading to delays in the loans disbursement.

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Newsletter 241 10 February 2012

SECOND PRISONER RELEASED ON BAIL (Peter Kenworthy's Stiffkitten Blog) Musa is also out! Musa Ngubeni finally left the Manzini Remand Centre at 10:20 a.m this morning [9. February 2012] and headed for his parental home at Mankhayane, Dumezweni Dlamini of the Foundation for Socio-Economic Justice told the Free Maxwell Dlamini Campaign. Musa Ngubeni, a law graduate from the University of Swaziland and former student leader, was detained, allegedly tortured, and charged with being in possession of explosives together with student leader Maxwell Dlamini during the April 12 Swazi Uprising last year one of the largest protests ever against Swazilands absolute monarchy crushed by police and security forces. He is grateful to all those supported them whilst inside prison and the pressure exerted from Europe for their release. He said that there is no doubt that had it been not because of the campaign internationally for their release such an amount [5000 bail money] wouldnt have been collected. Musa further requested the democracy loving people of the

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world to continue fund raising for the case as they are still left with the legal fees for the attorney, which they are to pay. Musa Ngubeni assured everyone following his and Maxwell Dlaminis case that the allegations against them were false. They had never seen nor laid their hands on the blasting materials and detonators that the police claimed to have found in their possession, he insisted. They saw it for the first time when the police showed it to them and it was never inside any of their belongings or bags, says Dumezweni Dlamini. After having been released after having spent nearly ten months in prison, Musa Ngubeni and Maxwell Dlamini now have to adhere to inflexible bail conditions. Amongst other things Musa has to report four times a week to the Mbabane Regional Police Station, which is a 200 km round trip, even though he could easily have reported at the nearest police station in stead, which is within walking distance of his home. See also MAXWELL OUT ON BAIL, NOW FOR MUSA

EDITOR QUESTIONED KINGS WISDOM The editor of Swazilands only independent comment magazine is before the High Court because he published an article that questioned the wisdom of King Mswati III. 57

This was revealed by the Swazi Attorney-General Majahenkhaba Dlamini on day two of the trial for contempt of court of Bheki Makhubu, editor of the Nation magazine. Dlamini told the court yesterday (7 February 2012) that articles published in November 2009 and February 2010 impeached the wisdom of the King in his choices in appointing judges and the Chief Justice Michael Ramodibedi. The ordinary reader could not help but insinuate that there was an impeachment of the Kings wisdom in his appointment of the judge concerned, local media report Dlamini saying. King Mswati is sub-Saharan Africas last absolute monarch and freedom of speech in his kingdom is generally curtailed. All news broadcast on radio and television is state-controlled and one of the two groups producing daily and weekend newspapers in the kingdom is in effect owned by the King. Makhubus monthly magazine, the Nation, is the only source of journalism within Swaziland that consistently advocates for freedom in Swaziland and against the regime dominated by King Mswati. In the High Court, Attorney-General Dlamini said Makhubus articles ridiculed the Chief Justice in his capacity as judge. He alleged that this amounted to personal abuse and was therefore a contempt of court. There is freedom of expression [in Swaziland] but were saying there are limitations, Dlamini told the court. Judgment was reserved for 29 February 2012.

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THE HYPOCRISY OF KING MSWATI III King Mswati III of Swaziland is being hypocritical when he expresses disappointment at individuals who continue to plunder state resources for personal benefit. Thats because he is the biggest plunderer of state resources and he has bled his subjects dry for his own personal gain. In his speech at the opening of parliament on Friday (3 February 2012) he said, As we move forward in rebuilding this country amidst all these challenges, one must express serious disappointment at some individuals who continue to plunder state resources for personal benefit. We have seen these individuals divert national funds intended for important projects for their own benefit. We can no longer allow these people to place their personal interest above that of the country. But, King Mswati is the man who more than any other puts his personal interest above those of the people of Swaziland. King Mswati has never done a salaried days work in his life, yet, according to Forbes, he has a personal fortune estimated at US$200 million. He also personally controls a trust fund set up by his father King Sobhuza II that is estimated to be worth US$10 billion. He also holds in trust for the nation the profits of Tibiyo Taka Ngwane, an investment fund with extensive shares in a number of businesses, industries, property developments and tourism facilities in

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Swaziland. This money is supposed to be used for the benefit of the people but the vast majority is actually used for the Kings own personal use. When Swazilands annual budget was passed last year (2011), King Mswati and his family took an increase of 23 percent over the previous year. This was at the same time that most government departments had their budgets cut by 20 percent. It turned out that these cuts had to be even deeper as Swaziland tottered further toward bankruptcy over the past 12 months, but the King has made no sacrifice. Much of the Kings wealth is kept secret from his subjects and the wider world, but it is obvious that he has been taking vast amounts of Swazilands wealth as his own. Swaziland is a tiny kingdom, with a population of about 1 million people, seven in ten of whom live in abject poverty, earning less than US$2 per day. Even so, King Mswati believes he is entitled to bleed his subjects dry and spend the national wealth funding his own lavish lifestyle. It is unbelievable to an outsider just how greedy the King is. He has had 13 palaces built (one for each of his wives); in the past few years he bought a fleet of 20 top-of-the range Mercedes cars and another fleet of BMW sedans. He travels abroad in great luxury and hires a private jet at the cost of US$3.5 million a year.

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His wives go each year on worldwide shopping sprees, spending millions of dollars. Each and every cent that goes to pay for these is plundered from the Swazi people. In his speech to parliament, King Mswati III said, It is time serious action was taken against such selfish people [the corrupt] and it should be action that truly serves as a very effective deterrent if this country is to make any progress economically from this day forth. How right he is: it is time serious action was taken against King Mswati to make sure he returns his loot to its rightful owners. And, action must be taken to ensure he never gets the chance to steal from the people again. See also CALLS TO PROBE KINGS WEALTH HOW WORLD SEES SWAZILAND QUEENS KING GETS MORE, HIS SUBJECTS LESS

POLICE SHOOT WOMAN PROTESTER A woman protester was shot at close range by Swazi police as she was walking from them. Local media report that it is not known if she was hit by live ammunition or a rubber bullet. 61

Rose Fakudze was part of a protest march in Siteki, Swaziland, called by vendors and transport operators over plans by the town hall to move the local bus rank. Fakudze was shot from a distance of less than 2 metres which badly injured her hand. The shot finger bled profusely and she did not receive any first aid until she collapsed. A court order had been obtained from the magistrate court to stop the march but this angered the vendors as the town board has agreed that it would go ahead. The vendors and transport operators demanded to continue with the march, but riot police were called and they moved in. The incident proved outrage among local residents who marched on the regional police headquarters demanding to know why police had shot a defenceless woman who was walking away from them. Fakudze was rushed to the Good Shepherd Hospital while the residents waited outside the police station demanding that the police officer responsible for the shooting come out to face them, something that he did not do. SWAZI PRINCE BLAMED FOR LOAN DELAY An ill-timed outburst by King Mswati IIIs advisor and senior member of the royal household, Prince Mahlaba is what has delayed Swazilands bid to secure a E2.4 billion bailout from neighbouring South Africa, the Nation Magazine in Swaziland reports. 62

Prince Mahlaba infuriated by the conditions attached to the loan said its acceptance would be tantamount to selling the country to South Africa. He was particularly against the one condition that would have paved way for democracy and the unbanning of political parties. Inside sources revealed to the magazine that signing of papers for South Africa to transfer the first tranche was put on hold pending further talks between King Mswati and President Jacob Zuma. The king was already in seclusion in preparation for the sacred incwala ceremony when the proposal for fresh talks was made. The proposal for a fresh round of talks was made to new Minister of Foreign Affairs, Mtiti Fakudze, on November 22 when he led a delegation to South Africa with the intention to finalise the loan deal by signing the papers. The loan trail has blown hot and cold since August last year while the government dragged its feet in signing the deal. With the marked improvement of revenue from SACU which contributes over 60 percent to the national budget, the kingdom may altogether abandon the loan talks.

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Newsletter 242 17 February 2012

BROKE SWAZIS PAY FOR KINGS VANITY The Swaziland Government is to throw good money after bad in order to complete King Msawti IIIs vanity project - Sikhuphe international airport. In the national budget announced yesterday (16 February 2102), E2.3 billion (US$296 million) was set aside to complete on-going capital projects, including the airport which is being built in the Swazi wilderness on the express instructions of King Mswati, sub-Saharan Africas last absolute monarch. The money for capital projects is twice the E1.1 billion set aside this coming year for the whole health budget in Swaziland. The completion of Sikhuphe airport and roads leading to it were announced as priorities for the government in the coming financial year, by Majozi Sithole, the Swazi Finance Minister. The building of Sikhuphe has been controversial because there is no obvious need for it. Swaziland already has an underused airport at Matsapha and no needs-analysis was ever completed to demonstrate why another airport should be built.

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Most of the impetus for the building of the airport has come from King Mswati, who is keen to show that the kingdom he rules is on its way to becoming a first world nation. Estimates for the total cost of Sikhuphe including the airport itself, roads that need to be built to reach it, and other expenditure associated with it, have reached US$1 billion. Swaziland is broke and the International Monetary Fund has in the past criticised the building of Sikhuphe as a waste of valuable resources that could be better used on development in the kingdom. Seven in ten people in Swaziland live in abject poverty, earning less than US$2 per day and the kingdom has the highest AIDS rate in the world. In yesterdays budget Sithole also announced he would be asking permission to seek a E264 million (US$37.8 million) loan for a food security project to grow more maize. In a typical year as many as one third of the Swazi population receive international food aid. The airport was supposed to have been completed and opened in 2009, but it is far from ready. So far, no airline has confirmed it will use the airport when it eventually opens. See also KINGS AIRPORT: MORE FALSE CLAIMS PROOF: KINGS AIRPORT POINTLESS KINGS AIRPORT BLEEDS SWAZIS DRY

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SWAZILAND LOANS DEAL ILLEGAL A Parliamentary committee has accused the Swaziland Government of acting unconstitutionally by raising loans to get the money to pay public service salaries. A report from the Finance Committee accuses the government of acting illegally when it put up its stake in the Swaziland Posts and Telecommunications Corporation (SPTC) and the cellphone company MTN, as collateral for loans in November 2011. A great deal of secrecy surrounds the details of how much the government took as loans and from whom. At the time it was speculated that the loans were worth E1.4 billion (US$180 million), enough to meet four months worth of public service salaries. The Swazi Government refused to reveal the names of those giving the loans, or any details of their terms, claiming commercial confidentiality. Now, a report from the Swazi Finance Committee tabled this week fills in some background to the deal, but the identity of what the committee calls the entity making the loan remains secret. Marwick Khumalo, chair of the Finance Committee, said the government had set out on a wild hunt for funds to pay salaries. According to the report, Minister of Finance Majozi Sithole informed the committee that in November 2011 it proved difficult for government to pay civil servants salaries. 66

The Times of Swaziland, the only independent daily newspaper in the kingdom ruled by King Mswati III, sub-Saharan Africas last absolute monarch, quotes from the Finance Committee report. It states, In order to pay these salaries [government] had to clinch a deal with an entity and also had to put down shares in SPTC and MTN as collateral and the repayments are to be done over a period of six months. The Finance Committee reported that in October 2011 salaries were paid using money received from the Southern African Customs Union (SACU) and the Swaziland Revenue Authority and in December it was through collections and from Swazilands financial reserves. The report says that in January 2012 salaries were paid from SACU receipts and according to Majozi Sithole, the Finance Minister, initially, government had to raise E500 million from parastatals that receive subventions from government. He also stated that the payment of salaries for February would be a challenge, the report stated. Khumalo, the Finance Committee chair, said the committee noted that the acquisition of loans to pay for salaries was done outside the provisions of the Constitutions Section 204 (2). The minister argued that they were given legal advice by their lawyers in the ministry that what they were doing was in order, using the Treasury Bills and Government Stocks Amendment Act 2010 as the basis for their actions, the committee report stated.

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Khumalo disagreed and said that piece of legislation dealt exclusively with the sale of treasury bills and government stocks and made no provision for the acquisition of loans and or using government shares as collateral. See also PRIVATE LOANS AT LEAST E1.4 BILLION SWAZILAND DAYS AWAY FROM DISASTER

BOY FINED FOR RIPPING KINGS PHOTO A Swaziland schoolboy has been fined E400 for tearing up a photo of King Mswati III, sub-Saharan Africas last absolute monarch. The boy, aged 17, from near the town of Siteki, said he did it because he had been instructed to do so by his teacher. He appeared before the Swazi National Court yesterday (14 February 2012). The boy told the court his teacher had been angry because there was no food at the school and ordered the boy to tear up the photo. The Swazi Observer, a newspaper in effect owned by King Mwsati, reported the boy telling the court, I was afraid he would beat me so I ended up doing as instructed. The court was told that the school did not have food popularly referred to as Zondle and this angered the teacher. It turned out that the 68

following day it was the same story and the teacher asked the pupil why the photos of the King were still on the wall. I then tore the photos because I was afraid of the teacher, he said. The court wanted to know why he did not tell the police he was ordered by his teacher to tear the photo, but he said he was afraid. The court president Makhuluma Ndwandwe warned him that it was a serious offence to tear the photo of the King and ordered that he be sent to jail where he could be corrected. The newspaper reported that the boy was fined E400 as an alternative, which his parents paid and he was released. See also SWAZI KING IN TOP 5 WORST IN AFRICA

PM FORTUNE IS CONFLICT OF INTEREST Swazilands Prime Minister Barnabas Dlamini who was at the centre of controversy last year (2011) when it was revealed he bought Swazi nation land for himself at a price massively below its true value, has a personal fortune of E12 million (US$1.56 million) it has been revealed. Among his assets are E392,000 worth of shares in Swazi Empowerment (Pty) Limited (SEL), a company that in turn has a 19 per cent shareholding with MTN Swaziland, the monopoly mobile phone operator in the kingdom. 69

Dlamini is the man in charge of the government-controlled parastatal, Swaziland Posts and Telecommunications Corporation (SPTC) and is therefore a key decision maker in the affairs of Swazilands national posts and telecommunication. But now we know that Dlamini also personally holds shares in SEL which in turn has a major shareholding in MTN, Swaziland and the only competitor for SPTC. This raises questions about Dlaminis impartiality when making decisions about SPTC. In September 2011, when reporters first got wind of Dlaminis possible share holdings in SEL, Musa Holphe, of the Swaziland Coalition of Concerned Organisations, wrote, Since SELs main, if not its only, investment is MTN Swaziland it is important to understand that the value of the SEL shares will be slashed if anything happens that affects MTNs profitability. This government has been at the centre of many decisions that affect the ability of SPTC to properly compete with MTN. Each government decision seems designed to hamper SPTC and enable MTN to continue its monopoly and unfairly increase the wealth of its shareholders which as we now know includes the private wealth of the prime minister. It is shocking to see how much money is generated by MTN and that, in spite of the grinding poverty of the majority of us; vast riches are still secretly flowing into the pockets of the elite. MTN was also in the news last year when US Ambassador to Swaziland Earl Irvine accused King Mswati of interfering in the sale of shares of MTN so he could buy them himself at a cheaper rate. 70

Irvine wrote in a confidential cable leaked to Wikileaks that the King also caused the ousting of Tebogo Mogapi, the MTN chief executive officer in Swaziland because he opposed the Swaziland Governments efforts to use the MTN network for surveillance on political dissidents. Dlamini was illegally appointed Prime Minister in 2008 by King Mswati III, sub-Saharan Africas last absolute monarch. Details of Dlaminis fortune are contained in a statement of assets and liabilities that was submitted by the Prime Minister to the Swazi Integrity Commission last week, leaked to the Times of Swaziland, the kingdoms only independent daily newspaper. It reports Dlaminis assets include buildings, furniture, equipment, motor vehicles, livestock, cash at banks, insurance policies, shares in private companies, listed shares and unit trusts. Meanwhile, seven in ten of Swazilands one million population live in abject poverty, earning less than US2 per day. Dlaminis wealth maybe huge compared to the average Swazi person, but it is as nothing compared to King Mswati. He was estimated by Forbes in 2009 to have a personal net fortune of US$200 million. See also DOES PM HAVE A FORTUNE FROM MTN? US DECRIES SWAZI KING ON MTN DEAL PM ORDERS MEDIA SILENCE ON LAND

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SWAZILAND SACKS 1,200 TEACHERS The Swaziland Government has sacked 1,200 school teachers due to a financial crisis in the kingdom, the Swaziland National Association of Teachers (SNAT) said yesterday (10 February 2012) AFP news agency reported that last year Swaziland employed 3,000 teachers on one-year renewable contracts, with the promise of permanent jobs eventually. Now, 1,200 of the contracts have been dropped Muzi Mahlanga, secretary general of the Swaziland National Union of Teachers told AFP. We met government and informed it of the appalling situation and gave them up to next week Wednesday to employ all the teachers currently left in the lurch, he said. Otherwise we will engage in a mass action that will ground the operations of schools, he said. SNAT has been at the forefront of protests against King Mswati III, sub-Saharan Africas last absolute monarch, who keeps up a jet-set lifestyle while seven in ten of his subjects live in abject poverty, earning less than US$2 per day. The Swazi Government also has not made its payments for children who receive free primary education, or to its support for school going AIDS orphans.

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Newsletter 243 24 February 2012

CASH SCANDAL AT KUWAIT EMBASSY Cash amounting to nearly E1.1 million (US$143,000) has gone unaccounted for at Swazilands embassy in Kuwait, putting the spotlight back on Phesheya Dlamini, who was recalled as ambassador in 2010. The Acting Swaziland Auditor General Phestecia Nxumalo, in a report found that E434,000 of petty cash and E654, 000 in the ambassadors travel allowances could not be accounted for. The petty cash went missing over a three-month period in 2009. The report was for the year ended 31 March 2011. The A-Gs report was revealed by the Times of Swaziland, the kingdoms only independent daily newspaper. It said the A-G found receipts for the expenditure were not available and this was illegal. The newspaper did not reveal that in 2010 Dlamini was recalled from Kuwait to Swaziland amid accusations of his implication in a corruption scandal. He reportedly stayed at the top-class Ezulwini Sun, in one of the kingdoms main tourist spots. According to the Swazi News at the time, he ran up a bill close to E100,000 (about US$10,000) . Lutfo Dlamini, then Minister of Foreign Affairs and International Co-operation, was also implicated in the corruption scandal.

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At the time the Swaziland Solidarity Network reported that both men had been accused of stealing money from the Kuwaiti Royal Family intended for King Mswati III, sub-Saharan Africas last absolute monarch. The Swaziland Police were called in, but no official announcement of what they did was given. It is known that police were sent to pick Lutfo Dlamini up from his parents home and escort him to a meeting with Prime Minister Barnabas Dlamini. What happened next is clouded in secrecy. It seems King Maswati ordered both men to be sacked from their jobs, but they were later reinstated, allegedly on the instructions of King Mswatis mother, causing a rift in the royal household. Phesheya Dlamini returned to Kuwait. Lutfo Dlamini has since been moved from the Foreign Ministry to Labour and Social Affairs. See also AMBASSADOR HARDLY EVER AT WORK PM DUCKS THE LUTFO QUESTION

OBSERVER OUT TO GET TEACHER The Swazi Observer the newspaper in effect owned by King Mswati III is encouraging a witch hunt against a schoolteacher who allegedly forced a pupil to rip up a photograph of the King. The schoolteacher who the Observer names is accused in its report of committing high treason. 74

Last week the Observer reported that a 17-year-old pupil from Siteki was fined E400 after he admitted ripping up a photo of the King at his school. He told the court that a teacher had forced him to do it. In a report last week and again today (20 February 2012), the newspaper names the teacher involved, but on neither occasion has it given him the chance to answer the allegations. Today, the Observer, for no obvious reason connected to news worthiness, quotes businessman Justice Nxumalo calling for serious action to be taken against the teacher. The Observer said, He [Nxumalo] said the incident was tantamount to high treason and should be probed. Nxumalo went on to say the ripping of the photo was unSwazi and unheard of in the local context. He added that to avoid a repeat of the matter, it should not be left to die a natural death without being probed. The Observer quotes no other person apart from Nxumalo calling for action, thereby making it no more than a piece of editorialising dressed up as a news story. Its about time the newspaper looked again at the Swaziland National Association of Journalists (SNAJ) code of ethics and read the articles about accuracy, truthfulness and bias. FINANCIAL MELTDOWN IMMINENT The International Monetary Fund has warned that Swaziland's fiscal crisis has reached a critical point and there is a high risk that the kingdom will

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be unable to pay its civil servants' wages for the next few months, the Mail and Guardian newspaper in South Africa reports. The newspaper quotes an IMF report saying that Swazilands gross domestic product (GDP) will contract by 2% during 2012 and, if the country does not change its "unsustainable" fiscal policy, its debt-to-GDP ratio could reach more than 80% by 2016. The IMF sounded the alarm that the macroeconomic outlook for 2012 was "bleak". It urged the government to take "upfront" action such as cutting jobs and reducing the cumbersome public wage bill to protect the lilangeni, which is pegged to the rand and already overvalued by as much as 33% and at risk, the fund said. Consumer price inflation rocketed from 6.5% in November last year to 7.8% in December, a trend the IMF expected to continue into 2012, forcing an uncomfortable acceleration in the prices of food and fuel that would be most acutely felt by the poorest members of society. The IMF warned: "Swaziland's fiscal crisis has reached a critical stage. Budget financing has dried up, domestic arrears continue to mount and the risk of not being able to pay civil servants' wages over the next few months is high." ERADICATE POVERTY AND HUNGER (Peter Kenworthy's Stiffkitten blog) Economic justice and democracy are interdependent, says new Swazi campaign 76

At the centre of poverty is the question of power, Musa Andile Nsibande of the Swaziland Economic Justice Network (SEJUN) tells Africa Contact. When we tell people to stand up for their rights, there is a possibility that the balance of power will shift towards the masses, paving way for a full democratisation process. To this end, the recently formed SEJUN launched a new campaign, Eradicate Poverty and Hunger, last Saturday [February 11.] in Lavumisa. The campaign takes a rights-based approach to economic justice in emphasizing the right to adequate food in a country where twothirds of the population survive on less than a dollar a day many on food aid from the UN, the need for agrarian reform in a country where the absolute monarch in effect controls all land, and the necessity of empowering ordinary people in order to achieve the campaign goals. The event was attended by an audience of around 400, as well as a range of organisations including the Coordinating Assembly of NGOs, the Swaziland Ex-Miners Association, the Swaziland National Union of Students and the Foundation for Socio-Economic Justice, of which SEJUN is a campaign wing. The event was a success, says Musa Andile Nsibande. The messages were well received by the target audience and there is a good possibility that the campaign could achieve the changes envisaged. Several of the speakers at the campaign launch used the 2008 court victory of the Swaziland Ex-Miners Association against the Swazi government, for its failure to adhere to Swazilands constitutions promise of universal free primary school education, as an example of the 77

potential power of Swazilands poor. The success of the ex-miners has invigorated the marginalizeds search for justice, says Nsibande.

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MARCH

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Newsletter 244 2 March 2012

LEGAL THREAT TO FINANCE MINISTER Swaziland MPs are threatening to take the Minister of Finance to court because he cut their salaries by 10 percent in a bid to control public spending. They say they were the only group to have the cut and it was done without their permission. The Swazi Government had hoped to cut all public service salaries by 10 percent to save E240 million from the annual budget, but it failed to do this. Public service unions threatened civil unrest if the cuts went ahead. Only an estimated E6 million per year mostly from salaries of parliamentarians has been saved so far by wage cuts. Earlier this week news leaked out that King Mswati III, subSaharan Africas last absolute monarch, had not taken a cut in income himself, even though he had been urging his subjects to make sacrifices. Yesterday (28 February 2012), during a portfolio committee budget performance debate, MPs demanded that Majozi Sithole, the Finance Minister, reinstate their pay and give them back money that had been deducted in recent months. They said the policy of salary cuts had failed and they did not see why they should be the only ones to suffer.

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MPs claim that Sithole had no legal right to cut their salaries and if he did not reinstate the money they would challenge him in court. SACKED EDITOR FLEES SWAZILAND Musa Ndlangamandla, the sacked editor in chief of the Swazi Observer newspaper, has fled to South Africa after police and security officers raided his former office and took away his computer and documents. Ndlangamandla, a former praise singer to King Mswati III, subSaharan Africas last absolute monarch, says he fears he will be arrested on a charge of terrorism. Ndlangamandla was sacked in January 2012 from the newspaper in effect owned by King Mswati. He had been involved in a power struggle with Swazilands Prime Minister Barnabas Dlamini, which he lost. For more than a decade Ndlangamandla had been a trusted aide to King Mswati, travelling all over the world at the Kings side, writing his speeches and praising him to the hilt in the Observer newspapers. Ndlangamandla made it clear in his newspapers that they would never publish anything critical of the King. Since his sacking, Ndlangamandla has tried to reinvent himself as a champion of democracy, claiming that he was a force in the struggle for freedom in the kingdom where all political parties are banned and the King himself handpicks the government. Now, Ndlangamandla, in an interview with the AFP news agency, says he has fled from Swaziland to South Africa. I am now on the police 81

wanted list on trumped up charges under the Suppression of Terrorism Act, AFP reported him saying. Yes, I am scared, looking at the history of people who die in police custody, he said. However if it means I should die for trying to help fellow Swazis realise a better future and self-determination, so be it, he added. Ndlangamandla said police visited the Swazi Observer office and confiscated his computer and documents. A Swazi police spokesperson confirmed the raid had taken place and that Ndlangamandla was under investigation, but declined to say why. See also KINGS PAPER SACKS EDITOR-IN-CHIEF WE HAVE TO TALK ABOUT THE KING

STILL NO SACRIFICE FROM SWAZI KING King Mswati III of Swaziland has once again refused to make any sacrifice to help get his Kingdom out of the economic mire. Even though members of the government he handpicks have been forced to take 10 percent salary cuts and he wants all public servants, including teachers and hospital workers, to take a similar reduction, he is not prepared to take any cut himself. 82

Instead, we can reveal that unreported details from the kingdoms national budget show King Mswati and his royal family will continue to receive E210 million a year from the Swazi taxpayer for their own use. This is the same amount they got in the financial year 2011/12 just ending, but is an increase of 23 percent over 2010/11 and a whopping 63 percent compared with what he took from his subjects in 2009/10. Earlier this month (February 2012), the Kings Finance Minister Majozi Sithole in his budget speech praised politicians and royal committees who have shown leadership by accepting a 10 percent cut in their salaries, saving government around E6 million in 2011/12. What he didnt say was that King Mswati himself showed no leadership by taking a cut himself. Sithole also praised their Majesties for the solid support, keen interest, and dedication to the welfare of the nation they have displayed over the past year. But, it is difficult to see this dedication in practice. While King Mswati refuses to cut his slice of the pie, Sithole gave candid statistics about the plight of King Mswatis subjects. Over 60 percent of the population lives in poverty. Nearly 66 percent dont have a bank account. A quarter of all adults is estimated to have HIV and average life expectancy at birth is the lowest in the world. Over half of all youth are unemployed and a quarter of children who start primary school drop out before the end of Grade Seven, he said.

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Later, Sithole revealed that Swaziland was so broke and poverty and hunger so widespread that he would have to seek a E264 million (US$37.8 million) loan for a food security project to grow more maize. In a typical year as many as one third of the Swazi population rely on international food aid to avoid malnutrition. King Mswatis selfishness will come as no surprise to observers. He has never done a salaried days work in his life, yet, according to Forbes, he has a personal fortune estimated at US$200 million. He also personally controls a trust fund set up by his father King Sobhuza II that is estimated to be worth US$10 billion. He also holds in trust for the nation the profits of Tibiyo Taka Ngwane, an investment fund with extensive shares in a number of businesses, industries, property developments and tourism facilities in Swaziland. This money is supposed to be used for the benefit of the people but the vast majority is actually used for the Kings own personal use. See also BROKE SWAZIS PAY FOR KINGS VANITY THE HYPOCRISY OF KING MSWATI III

SWAZI POLICE BREAK UP RALLY Swaziland police stopped a political rally of the African United Democratic Party (AUDP) from taking place at the weekend. 84

About 80 officers massed to prevent about 12 AUDP supporters from meeting at Mhlaleni on Saturday (25 February 2012). A standoff between police and AUDP supporters took place in the morning, but as soon as the AUDP started singing the South African national anthem and struggle song, Nkosi Sikelelai Africa, police moved in to break up the rally and took away the protestors. Police forced the rally to disperse and confiscated a banner belonging to the political party. All political parties are banned in Swaziland, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Marches and rallies are banned without the permission of King Mswatis authorities. The rally had been arranged to call for the registration of political parties ahead of the Swazi national elections in 2013. The Times of Swaziland, the kingdoms only independent daily newspaper, reported that Sibusiso Dlamini, the AUDP Secretary General, confronted the police saying they were acting unconstitutionally and that the protestors had the right to freedom of assembly. SWAZILAND BUDGET FULL DETAILS Here is the Swaziland national budget for the years 2012 2015. Some of this information has been covered by the media in Swaziland, but as in previous years it is the information they choose not to tell us or are too afraid to tell us - that is most interesting.

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I have already written about King Mswatis take from the budget, but also revealed in this document is the fact that the budget for the Kings Office (head 52) will rise from E70,692 in the financial year just ending to more than E5 million in the coming year. No information on the need for this increase is given, except that it is all for CTA vehicle charges. Also noticeable is the rise in head 60Central Transfers the amount set aside for contingencies, that is payments that do not fall under any other budget heading. The sum put aside here rises from E476 million in the year just ended to E1.68 billion in 2012/13. The amount set aside for defence (i.e. internal security) spending rises to E610.79 million from E522.57 million (head 08). Spending on police rises from E546.2 million to E635 million (head 05).A further E7 million has been set aside for state security equipment and a further E1.25 million for training the Royal Guards in the coming year. For the budget document click here

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Newsletter 245 9 March 2012

NEW UNION PRESSES FOR DEMOCRACY The Trade Union Congress of Swaziland (TUCOSWA) will be officially launched this weekend (10 13 March 2012). The new group is expected to discuss how to step up its campaign for democracy in the kingdom ruled by King Mswati III, subSaharan Africas last absolute monarch. Major protests are expected in April and May this year. TUCOSWA, which will have about 50 000 members, is an amalgamation of the existing Swaziland Federation of Trade Unions (SFTU) and Swaziland Federation of Labour (SFL). It is hoped that the new group will enable trade unionists in Swaziland to speak with a single voice. Also at the launch meeting will be the Swaziland National Association of Teachers (SNAT) one of the strongest unions in the kingdom and one of the most vocal in its opposition to the ruling elites. There are fears that the Swazi police might disrupt the meeting which is expected to discuss demands for democracy and economic reform. Last weekend police in Siteki, a small town in Swaziland, forced the abandonment of a rally by TUCOSWA at a market. Police said 87

organisers did not have permission for the rally and claimed it constituted a health hazard at the market. Among guests at the opening at the Esibayeni Lodge in Matsapha this weekend will be the Congress of South African Trade Unions (COSATU), South African Trade Union Coordinating Council (SATUCC) and the African Chapter of the International Trade Union Congress (ITUAFRO). S. AFRICA SNEAKS LOAN TO SWAZILAND South Africa is sneaking E2.4 billion (US$320 million) to Swaziland to help it shore up its ailing economy so that the undemocratic kingdom does not have to instigate political reforms, a Swazi campaigning group claimed. Swaziland asked South Africa for a E2.4 billion loan last August (2011), but the deal stalled because Pretoria wanted financial and political reforms as conditions. King Mswati III, sub-Saharan Africas last absolute monarch, put the block on the loan because he would not hold talks about unbanning political parties in his kingdom. Now, the Swaziland Coalition of Concerned Civic Organisations (SCCCO) says the loan money is being channelled into Swaziland disguised as cash from the Southern African Customs Union (SACU). This way Swaziland gets the money without reforms by King Mswati. Swaziland is due to get about E7.1 billion in 2012/13 from SACU. This is up from the E2.9 billion Swaziland got in the financial year just ended. SACU receipts are based on the amount of trade done in Southern 88

Africa. But SCCCO says E7.1 billion is more than Swaziland should get based on trade expected over the next 12 months. The Mail and Guardian newspaper in South Africa reported Archbishop, Meshack Mabuza, chair of SCCCO, saying his group suspected there had been deliberate over-estimation so that extra funds could be released to Swaziland without questions being asked. We believe these estimates are over-inflated in order to give the R2.4 billion to Swaziland without any political or fiscal conditions, the Mail and Guardian reported him saying. We just dont see how with the current economic climate being so weak that regional imports are going to grow so rapidly, he added. Mabuza said, It just seems very suspicious that Swaziland should be getting so much more this year. Budget estimates for Swaziland over the next three years forecast a E200 million surplus for 2012/13 followed by deficits of E1.9 billion in 2013/14 and E1.7 billion in 2014/15 suggesting that the amount of money Swaziland receives from SACU in 2012/13 will not be repeated in the following years. South Africas Treasury spokesperson Bulelwa Boqwana told the Mail and Guardian the SCCCOs claim was factually incorrect and added the payment had been approved by a Council of Ministers [trade and finance] from the five Sacu member countries.

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See also SWAZILANDS SACU CASH MYSTERY

DEPUTY PM LIES ON WOMENS RIGHTS Swazilands Deputy Prime Minister Themba Masuku lied in New York this week when he said that the Swazi Government recognised women as equal citizens and was committed to the promotion and protection of their rights. Nothing could be further from the truth. Masuku told the 56th session of the Commission on the Status of Women that Swaziland was party to several critical human rights instruments, all of which promote gender equality and respect for the rights of women. Who does he think he is kidding? Only last year (2011) Swaziland was severely criticised at the United Nations Periodic Review of Human Rights meeting for its woeful treatment of women. Heres an extract from a report Amnesty International made to the review. Discrimination against women The Constitution guarantees women the right to equal treatment with men, a right that shall include equal opportunities in political, economic and social activities (Section 28 (1)). 90

However other provisions of the Constitution appear to fall short of international human rights standards. For example, Section 15(1) that prohibits discrimination on various grounds does not include marital status. Womens right to equality in the cultural sphere is also inadequately protected by the provision guaranteeing that a woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed(Section 28(3)). This formulation places an undue burden on the individual woman, whereas international human rights law stipulates that it is the responsibility of the state to prohibit and condemn all forms of harmful practices which negatively affect women. Furthermore, girls and young women are not sufficiently protected under the law from forced or early marriages. As a consequence of the slow pace of law reform, women remain unprotected by the law and continue to face forms of discrimination permitted by domestic law. The delays cannot be blamed on a lack of resources since the government has been provided with various forms of practical support for this process as it pertains to womens rights by the EU and UN agencies. While a number of new bills had had been tabled in Parliament, in May 2010 the Supreme Court ordered that an unconstitutional provision of the 1968 Deeds Registry Act must be amended by Parliament within a year. The provision (Section 16(3)) prohibited most women married under civil law from legally registering immovable property in

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their own name. By early 2011 the law was still on the statute books unchanged. Statutory and case law in Swaziland reduce most married women to the status of legal minors. Women married under civil law provisions (the 1964 Marriages Act) are subject to the marital power of their husbands. They cannot independently administer property, sign contracts or conduct legal proceedings. The only exception involves an ante-nuptial contract, and few women seem to be aware of this option. Women in Swaziland may alternatively marry under customary law under the countrys dual legal system. For them the husbands marital power extends even further and its limits are unclear. The Marriages Act also discriminates between boys and girls, providing a lower minimum age of marriage for girls (16) than boys (18). Under customary law, marriage is permissible for girls as young as 13. Until the Sexual Offences and Domestic Violence draft law is passed, women experiencing gender based violence have few remedies available to them under the law. Under common law, rape is defined narrowly and marital rape is not criminalized in either statute or common law. The Girls and Womens Protection Act of 1920 specifically excludes marital rape from its range of offences.

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Newsletter 246 16 March 2012

FINANCE MINISTER FACES ARREST Swazilands Finance Minister Majozi Sithole faces arrest for implementing a 10 percent salary cut on senators in the kingdom without their permission. A warrant for his arrest has been obtained by Swazi Senate President Gelane Zwane. She told the senate she had the warrant for some time but would wait for the permission of King Mswati III before implementing it. According to local media in Swaziland, she told the senate on Wednesday (14 March 2012), I had even prepared that he would first be arrested and taken to the holding cells here and then be taken to the Lobamba Police Station. She said the warrant was still effective and would have been implemented, but some senators begged her to obtain permission from the King first, the Times of Swaziland reported. Senators are angry that Sithole made arrangements for their salaries to be cut by 10 percent as part of a government drive to reduce the amount it spends on public servants salaries. Government wanted to cut all public service salaries in a bid to save the economy of the kingdom from destruction, but failed to do this after protests from trade unions in 93

the kingdom, ruled by King Mswati, who is sub-Saharan Africas last absolute monarch. Sithole did however arrange for cuts to be made in salaries of MPs and senators. Senate President Zwane said Sithole had defied a direct order from the senators not to deduct 10 per cent from their salaries. Media reports later said Sithole had gone to hospital claiming he was feeling ill. ACTIVISTS MAY LOSE SCHOLARSHIPS Students in Swaziland will have their scholarships revoked if they engage in political activity, if the Swazi Government has its way. New rules for students presently being drafted state that at its discretion, the Scholarship Selection Board can terminate a scholarship when a student is a member, supports or furthers the activities of a banned entity. In Swaziland all political parties are banned, as are a number of pro-democracy organisations, including the Swaziland Youth Congress (SWAYOCO) and the Swaziland Solidarity Network. Students in Swaziland are among the most vocal opponents of government and have held many protest marches to Government and class boycotts. As recently as last weekend students announced they would be protesting on 21 March 2012 in Mbabane and Manzini, the two main towns of Swaziland. 94

President of the Swaziland National Union of Students (SNUS) Maxwell Dlamini told a meeting of the Trade Union Congress of Swaziland (TUCOSWA) that students would not just march against the non-payment of their scholarships, but also for social justice. He said students had lost hope in Swazilands undemocratic tinkhundla system of government. The new rule is contained in the Draft Scholarship Policy for Pre Service Tertiary Education being overseen by Minister of Labour and Social Security, Lutfo Dlamini. SWAZI UNION TO BOYCOTT ELECTIONS The Trade Union Congress of Swaziland (TUCOSWA) will boycott the 2013 national elections in the kingdom because political parties are banned. TUCOSWA was launched this past weekend after the two main labour organisations in the kingdom merged. Its newly-appointed secretary-general Vincent Ncongwane said TUCOSWA should do all it could to frustrate the elections. Delegates agreed on Sunday (11 March 2012) that if elections took place next year they should be for a multi-party democracy and nothing else. Political parties are banned in Swaziland, which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch, and only individuals are allowed to stand as candidates.

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At present the Swaziland Parliament has few powers. Of the 65 members of the House of Assembly, 10 are chosen by King Mswati and 55 are elected by the people. In the senate, King Mswati chooses 20 of the 30 places. The other 10 are chosen by members of the House of Assembly. None are elected by the people. The Commonwealth Expert Team (CET) that monitored Swazilands last election in 2008 was so unhappy with the system that it advised Swaziland to look again at its constitution, to ensure that there was full consultation with the people, civic society and political organisations. The Pan-African Parliament (PAP) also denounced the poll because political parties were not allowed to take part. The European Union refused to send a team to monitor the elections because it could not see the point since it said the elections were obviously not free. After the 2008 Swazilands Elections and Boundaries Commission reported allegations of widespread bribery, treating, threats of violence and cases of candidates unlawfully holding voter cards. Later, the International Commission of Jurists (ICJ) criticised the Swaziland Supreme Court for siding with the Swaziland state and confirming a constitutional right to ban political parties in the kingdom. See also NO PARTIES AT SWAZI ELECTION EU TELLS SWAZI KING MAKE CHANGES 96

Newsletter 247 23 March 2012

STUDENTS TO MARCH AGAINST GOVT Students in Swaziland are to march against the government on 26 March (2012) to protest against cuts in scholarships. The Swaziland National Union of Students (SNUS) issued a statement confirming the action was still on after the Swazi Observer, a newspaper in effect owned by King Mswati III, sub-Saharan Africas last absolute monarch, reported the march was off after an intervention by the kingdoms Minister of Labour and Social Security, Lutfo Dlamini. Maxwell Dlamini, President of SNUS, in a statement, said 10,000 students would take part in the action to try to force the government to reverse 60 percent cuts in the value of allowances made to first year university students this year; to give scholarships to 700 students admitted last year who did not receive scholarships at all and to increase personal allowances for all students. He added SNUS was also demanding that government recognise it as a legitimate negotiator for students. Earlier in the week Lutfo Dlamini said he would not talk to the SNUS because it was not registered with the government.

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SWAZI UNIONS CALL TWO-DAY STRIKE Public service unions in Swaziland will strike for two days starting April 11(2012) in a continuing protest over pay. Four unions representing about 30,000 teachers, nurses and civil servants want a 4.5 percent pay increase, but the Swazi government, struggling to find enough money to pay its bills as the economy goes into meltdown, has refused. Public servants say they will take to the streets in various parts of the kingdom, ruled by King Mswati III, who is sub-Saharan Africas last absolute monarch, to draw attention to their claim. They will hold various meetings in the coming week to finalise their plans, President of the kingdoms teaching union Sibongile Mazibuko told local media. She said mass demonstrations would take place all over Swaziland, in towns and in rural areas. The protests coincide with the first anniversary of the failed April 12 uprising in which a group of pro-democracy activists used Facebook to agitate for mass protests in Swaziland. Protests took place, but police and security forces quickly quelled them. The unions involved are the National Association of Public Servants and Allied Workers Union, the Swaziland National Association of Teachers, the Swaziland Nurses Association and the Swaziland National Association of Government Accounts Professionals.

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SWAZI STUDENTS DEMAND JUSTICE (Peter Kenworthy's Stiffkitten blog) Swazi students demand justice Life without scholarships is impossible. The socio economic situation in Swaziland dictates that no parent can afford to pay tertiary fees. Denying students scholarships is denying them a future. President of Swazilands Students Representative Council, Sibusiso Nhlabatsi, is talking about the planned cuts in education funding and students scholarships that will leave many already struggling Swazi students virtually destitute. The students therefore plan to close down all tertiary education institutions next Wednesday and stage a peaceful protest march to deliver a petition to Minister of Labour and Social Security, Lufto Dlamini. According to Nhlabatsi, the protest might be directed at studentrelated issues, but it is also a protest against a regime where the absolute monarch, Mswati III, in effect rules by decree, where the government has virtually bankrupted the country while lining its own pockets, where two thirds of the population survive on less than a dollar a day many of food aid and where life-expectancy is less than 40. Our country is undemocratic, he says. All the problems and crisis you see are traceable to the system of government. So issues in Swaziland cannot be separated from the bad governance. Nhlabatsi says that the students expect the regime to respond to the march with intimidation and violence, something that pro-democracy 99

protestors have come to expect. Police will stage roadblocks everywhere. We will be frustrated from the word go and we will denied the right to march on the streets. GOVT THREATENS FACEBOOK CRITICS Swazilands Minister of Justice and Constitutional Affairs is threatening a clampdown on Facebook and Twitter users who say bad things about the kingdom. Chief Mgwagwa Gamedze said he would use the law against people who criticise Swaziland on the Internet. Most mainstream media in Swaziland, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, are state controlled. Censorship on state TV and radio is common and one of Swazilands two daily newspapers is in effect owned by King Mswati. There is only one independent newspaper group in the kingdom and this censors itself when reporting about the Swazi royal family. A number of blogs, Twitter accounts and Facebook sites have been created in recent years, many with the express purpose of furthering the campaign for democracy in Swaziland. Many of them originate in the kingdom and others are based outside. They are the only freely-available source of news and comment critical of the king that is available inside Swaziland. Chief Gamedze told the Swazi Senate that he would use what he called international laws to bring the Internet critics to task. He was 100

reacting to concerns from Senators that the Internet sites showed disrespect to the king. Chief Gamedze did not specify which laws he would use. This is not the first time the Swazi Government has claimed it will attack Internet users. In May 2011 Nathaniel Mahluza, Principal Secretary at the Ministry of Information Communication and Technology, said the police had specially-trained officers to track down people who used Facebook to criticise the Swazi Government. In March 2011, Barnabas Dlamini, the Swaziland Prime Minister, told Senators that his government would track down, arrest and prosecute Gangadza Masilela, a prominent Facebook activist. Despite these threats, no arrests have been made. See also SWAZI POLICE TRACK FACEBOOK USERS SWAZI FACEBOOK CENSORSHIP THREAT

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Newsletter 248 30 March 2012

JUDGE: CHIEF CAN EVICT FOR DEFIANCE Chiefs in Swaziland have the legal right to evict their subjects if they defy their authority, the kingdoms High Court ruled. Swazi High Court Judge Bheki Maphalala dismissed a mans application to stop Ezulwini Chief Sifiso Khumalo from evicting him, local media report. Sandile Hadebe from Ezulwini had been evicted by the chief after he had expelled his deceased elder brothers widow and her two children from her marital home. Hadebe refused to allow them back, even after the chief had issued such a ruling, and also failed to pay two cows as a fine. This led to the chief evicting him from his area for defiance, but Hadebe challenged the decision at the High Court, saying he had a clear right to live at his homestead. Judge Maphalala ruled that in Swaziland the king made the decisions about how nation land was used and in this case Hadebe had no rights. King Mswati III is sub-Saharan Africas last absolute monarch.

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The judge also said that the king ruled through chiefs and therefore Chief Sifiso Khumalo acted on behalf of the king when he evicted Hadebe. Judge Maphalala said the Swazi Constitution played no part in this case. In terms of Swazi Law and Custom, Khumalo has a right to evict him from the chiefdom for defying his authority, he added. SWAZI STUDENTS SACKED AFTER PROTEST Activists across Swaziland are calling for the occupation of a teacher training college after 148 students were reportedly expelled for taking part in a protest march. Facebook sites in the kingdom are buzzing with calls for action after the Swaziland Solidarity Network (SSN) reported that Ngwane teachers college expelled the students for taking part in a national protest against the Swazi Governments scholarship policy on Monday (26 March 2012). The SSN reported, On Monday afternoon the principal of Ngwane teachers' college convened a disciplinary meeting which promptly resolved to fire 148 students who are suspected to have participated in a protest march organised by the Swaziland National Union of Students (SNUS). The SSN added that the majority of the students were first year students.

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Posts on a variety of Facebook sites, including the SNUS and the April 12 Uprising, are calling for action to be taken against the college. The SSN itself said, All Swazi students should occupy Ngwane Teachers College until the affected students are allowed back. TIMES CENSORS SELF OVER WIKILEAKS The Times of Swaziland censored itself when it reported Wikileaks was asking people in the kingdom to leak documents to its website. The Times, the only independent daily newspaper in Swaziland, reported yesterday (26 March 2012) that Wikileaks asked people to send it documents relating to the Peoples United Democratic Movement (PUDEMO), a banned organisation in Swaziland where King Mwsati III rules as sub-Saharan Africas last absolute monarch. The Times said Wikileaks, which publishes and comments on leaked documents alleging government and corporate misconduct, had specifically asked for Intelligence memos from the Ministry of Defence or Police about the pro-democracy organisation, PUDEMO. But, what it did not report was that Wikileaks had a higher priority from Swaziland than PUDEMO on its wanted-information list: Expense accounts of King Mswati, the Queen Mother and the King's wives. This is not the first time the Times Group has misled its readers about what people outside the kingdom are saying about the king. In March 2011, its companion newspaper the Times Sunday reported on 104

foreign media coverage of a mass protest in the kingdom that called on the Swazi Government - handpicked by King Mswati to resign. The newspaper failed to report that a many international news media specifically laid the blame for Swazilands troubles at the feet of the king. King Mswati, the international media reported, has 13 wives, each with a palace of her own and that his lavish lifestyle runs to fleets of Mercedes and BMW cars, as well as high class international travel. All this while seven in ten of his subjects barely exist, earning less than US$2 a day. In 2007, the Times publisher was forced to make a fulsome public apology to the king after the king threatened to close down the newspapers. This was after the Times Sunday reproduced material from an article by the Afrol news agency quoting an International Monetary Fund report saying, Swaziland is increasingly paralysed by poor governance, corruption and the private spending of authoritarian King Mswati III and his large royal family. In the past Wikileaks has published a number of cables from the US Embassy in Swaziland that have been critical of King Mswati, including one from the then Ambassador Earl Irvine stating that the king is not intellectually well developed, is not a reader, is imbalanced and has a lack of wisdom.

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See also TIMES SUNDAY CENSORS SELF ON KING US SAYS SWAZI KING IMBALANCED

INTERNET RADIO LEGAL IN SWAZILAND The Swaziland Governments spokesperson has admitted that it is powerless to stop people in the kingdom setting up their own Internet radio stations. Swaziland, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, has strict controls over the media. Nearly all broadcasting is state-controlled with news and speech programmes heavily censored. The one independent TV station and one independent radio station in Swaziland self-censor so that no criticism of King Mswati and his supporters are allowed on the airwaves. Swazi Governments have for many years refused to allow new radio stations especially community stations to operate so it can control what Swazi people are allowed to hear and say on air. But a new station called Radio Sikuphe has challenged this. It broadcasts on the Internet and also on a low-powered transmitter inside Swaziland. Earlier this month, Government Spokesperson Percy Simelane said Radio Sikuphe was broadcasting illegally on land and on the Internet, but now he has been forced to backtrack.

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In a statement to local newspapers Simelane said it was not illegal to broadcast over the Internet. If they are using internet and nowhere at any point do they use the countrys frequency then they are off the hook, he is reported saying. He added it would still be illegal for Radio Sikhuphe to broadcast over the air in Swaziland, even if it was only doing so for short distances. SWAZI TEXTILE PAY STRIKE ILLEGAL A court in Swaziland has declared a strike by workers demanding leave pay in the notorious sweat shop textile industry illegal. Although 2,500 workers had an agreement with Zheng Yong dating from 2008 that they would get paid leave, the company failed to pay this year, claiming it could not afford to do so. The Industrial Court in Swaziland sided with the company when it said the agreement had been made in 2008 when the companys performance had been good. But, it said last year business had been less good so it decided not to pay for leave. The textile workers went on strike demanding payment for the 17 days annual leave. Acting Judge Thulani Dlamini said the strike was illegal after the company claimed workers would become violent and put lives and property at risk.

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The Swaziland textile industry is notorious for its bad pay and working conditions. In 2008 local media in Swaziland reported that textile workers were so poorly paid they were near starvation. The Swazi Observer reported, The workers themselves admit that they had developed strategies to confront starvation because what they earn can hardly see them through the week. Textile workers in Swaziland can earn as little as E400 (about US$60) per fortnight. A plate of food on sale at factory gates in the industrial town of Matsapha costs between E5 and E8, depending on the quantity. At times two girls share the smaller plate of E5 and that sustains them until the end of the eight-hour working day, the Observer reported. The US State Department, in its 2009 Country Report [on Swaziland] on Human Rights said, These minimum wages did not provide a decent standard of living for a worker and family. Migrant workers were not covered under minimum wage laws. Wage arrears, particularly in the garment industry, were a problem. See also SWAZILAND TEXTILE WORKERS NEAR STARVING SWAZI WORKERS OPEN TO ABUSE

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APRIL

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Newsletter 249 6 April 2012

KING TOLD: CANCEL BIRTHDAY PARTY One of Swazilands main opposition groups has told King Mswati III to cancel his birthday party later this month and use the money on his poverty-stricken subjects instead. The Peoples United Democratic Movement (PUDEMO) was outraged that the king, sub-Saharan Africas last absolute monarch, demanded that his impoverished subjects donate their cattle for his birthday feast. The party to celebrate the kings 44th birthday on 19 April 2012 will be in the Shiselweni region, the second poorest in the kingdom, where seven out of 10 people earn less than US$2 a day. PUDEMO, which like all political parties and opposition groups is banned in Swaziland, in a statement, said E1.8 billion from a payment of E7 billion made by the Southern African Customs Union had been apportioned by the king. It said, While the king, chiefs and their hangers-on will be dining and wining, orphans, old aged, disabled and the majority of young unemployed people will be scavenging for the next meal. 75% of people under this region live on food hampers from World Food Program, yet their land is fertile enough to feed them all, only if they had a 110

government with a sound agricultural policy and that puts the interest of our people first. PUDEMO called for the celebrations to be cancelled and for the money to be used toward building a hospital in the region. See also ANGER AT KINGS DEMAND ON THE POOR KING DEMANDS COWS FROM THE POOR

ARMY TRIED TO BUY SPY EQUIPMENT The Swaziland Army has been exposed after a court unwittingly revealed it had tried to purchase spy cameras and phone monitoring equipment worth US$1.25 million. It is suspected that the gadgets would be used against the growing number of pro-democracy campaigners in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. The Umbutfo Swaziland Defence Force (USDF) the formal name of the Swaziland Army is being sued in the Swaziland High Court because it ordered the equipment, but did not pay for it. The Army ordered equipment known as GSM Option: Voice Intercept or delivery and SMS (Short Message Service) Intercept or delivery, as well as spy cameras and alarm systems, the Times of Swaziland reported. 111

The newspaper did not tell its readers what the equipment was capable of doing. In fact, the equipment ordered can be used against the civilian population in Swaziland. The Voice Intercept equipment is marketed as a tool to monitor and record live phone conversations, which, according to one supplier, can be a valuable asset to any agency and investigation. It, delivers the evidence that makes the case while protecting officers safety. The GSM equipment is designed to monitor mobile phones. This type of equipment is widely available across the world. One supplier lists the main use as, following a persons activities and staying undetected. The equipment records all information on the phone as it happens and records phone events. It can spy on SMS text messages, on web browser activities and call logs (inbound and outbound). It can also track the phones location using GPS. It is, one supplier says, 100 percent undetectable and you can spy on unlimited [number of] phones. The Swaziland Army ordered equipment worth about E10 million (US$1.25 million) from Naspoti J & M Security Solutions, in Nelspruit, South Africa, the Swazi High Court heard, but cancelled the order just as the company was ready to deliver. No reason was given to the court for the cancellation but, since the Swazi Government is broke and is struggling to pay its bills, including public sector salaries, it is probable that it could no longer afford the contract.

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The revelation will anger pro-democracy activists inside and outside Swaziland. There has been growing activity in the kingdom over recent years to force King Mswati to democratise. At present, all political parties and opposition groups are banned and the King controls the parliament and judiciary. A mass pro-democracy demonstration, the latest in recent months, is planned for next Thursday (12 April 2012). This is not the first time that the Swazi ruling elite has been found trying to spy on the Kings subjects. In August 2011, Wikileaks published a cable from the US Embassy in Swaziland that revealed the Swazi Government had tried to get MTN, the only mobile phone provider in the kingdom, to use its network for surveillance on political dissidents. Tebogo Mogapi, the MTN chief executive officer (CEO) in Swaziland, refused to comply and later did not have his work permit renewed and so had to leave the kingdom. The case at the High Court continues. SWAZI PUBLIC SECTOR STRIKE LOOMS Public sector unions in Swaziland have started a series of demonstrations ahead of a national strike next week over pay. Since Tuesday (3 April 2012) they have been picketing during their lunch hour at more than 20 places across the kingdom.

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They want cost-of-living increases of 4.5 percent, but the Swazi Government has refused because the kingdom is broke. It has had difficulty in recent months in paying public sector salaries and wants to cut salaries by 10 percent. Unions say there will be a one-day strike and mass protest next Thursday (12 April). They are also calling for the government, handpicked by King Mswati III, sub-Saharan Africas last absolute monarch, to resign. The Swaziland National Association of Teachers, the National Public Service and Allied Workers Union, the Swaziland Democratic Nurses Union and the Swaziland National Association of Government Accounting Professionals are expected to take part in the strike. The strike coincides with other protests slated for 12 April by prodemocracy campaigners in Swaziland. The date marks the day in 1973 when King Sobhuza II abandoned the constitution and began to rule by decree. To this day the monarchy maintains strict control in the kingdom and political parties and other opposition groups are banned. NO SHOES, NO SCHOOL, FOR THE POOR Impoverished children in Swaziland are being excluded from school because they are coming to classes with bare feet. Vusi Magongo, principal of the Esiweni Nazarene Primary school, Mbadlane, is threatening to expel the children completely if their parents do not buy them shoes and a full uniform by next week. But, the only place they can buy the uniform is from the school itself.

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Mbadlane is in rural Swaziland where poverty is rampant. In the kingdom as a whole, seven in ten people earn less than US$2 (E15) a day. Magongo was unrepentant when questioned by local media. He blamed the parents for not catering for the pupils every need, saying it showed they did not love them enough. Girls are badly affected by the move because they have to wear a tunic bearing the schools badge or a golfer shirt also with the schools badge and a skirt. The tunic and skirt costs E250 while the golfer shirt costs E50. All these items can be bought only at the school, the Swazi Observer newspaper reported. ANGER AT KINGS DEMAND ON THE POOR King Mswati III of Swazilands demand that his impoverished subjects supply him with cattle to slaughter for his birthday party has been met with anger and scorn. Social network sites are buzzing with accusations that the king, sub-Saharan Africas last absolute monarch, and among the 15 wealthiest royals in the world, should pay for his own party. The king is estimated to have a personal fortune of US$200 million while seven in ten of his subjects earn less than US$2 per day. Meanwhile, the Peoples United Democratic Movement (PUDEMO), a political party that like all others is banned in Swaziland, called for the celebrations to be cancelled. We call for the celebrations to be cancelled and the resources channelled to the provision of 115

scholarships for deprived students, PUDEMO spokesperson Zakhele Mabuza said. The party to be held in the Shiselweni region is to celebrate the kings 44th birthday. The Swaziland Solidarity Network in a statement also called for the party to be cancelled. It said, Shiselweni is the countrys poorest region, the same area where the countrys poorest citizens live. Areas like Lavumisa are so poverty stricken that its residents have at times been reported to be living on poisonous shrubs. Despite this abject poverty in the region, the king has insensitively decided to throw a lavish birthday party and rub his stolen riches in the peoples poverty stricken faces. Meanwhile, Percy Simelane, spokesperson for the Swazi Government, whose members are handpicked by King Mswati, denied to local media that the king had instructed his subjects to give him cattle. The Swazi Observer, a newspaper in effect owned by King Mswati, reported him saying people were being asked to voluntarily give to the king. NURSES CATCH TB FROM PATIENTS Nurses in Swaziland will march in protest tomorrow (4 April 2012) because conditions at the kingdoms TB hospital wards are so bad many of them are catching the disease from their patients. In a long-running dispute with the Swazi Government they say the TB Hospital at Moneni is the worst affected. 116

The Swaziland Democratic Nurses Union (SWADNU) will march to the Ministry of Health to deliver a petition. Nkosinathi Kunene, SWADNU Secretary General, said nurses in regions across the kingdom were catching the disease from patients because of the poor conditions in TB wards. Nurses at Moneni have been staying away from work in protest. SWADNU is angry because in February a court order compelled the government to improve conditions at TB wards, but, it says, nothing has been done. Principal Secretary in the Ministry of Health, Dr Stephen Shongwe, said everything was being done to find a solution.

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Newsletter 250 13 April 2012

GOVT ATTACKS DISRESPECTFUL MEDIA The Swaziland Government says the two South African e.TV journalists detained by Swazi Police this week were intent on disrespecting the kingdom. Percy Simelane, the official Swazi Government spokesperson, said foreign journalists tended to undermine the sovereignty of Swaziland. The two journalists were detained at the Swaziland South Africa border on Wednesday (11 April 2012) when they tried to enter the kingdom to cover the prodemocracy protests that were to be held across Swaziland. Campaigners want democratic reforms in Swaziland, which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Political parties and opposition groups are banned in the kingdom and all broadcast media is censored. Simelane was speaking on SBIS, the state-controlled radio station. He said, These journalists are on a mission to incriminate the country so that Swaziland is perceived as oppressive in the outside world. He added they did not have the governments permission to report from within Swaziland.

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Meanwhile, the Media Institute of Southern Africa (MISA), Swaziland Chapter, condemned the manner of the journalists detention and called on the Swazi government to allow freedom of expression and media freedom. ATTEMPTED MURDER OF ACTIVIST A leader of the democracy protests in Swaziland is in critical condition in hospital after being hit by a car, which activists say was an act of attempted murder. Sifiso Mabuza, Deputy President of the Swaziland Youth Congress (SWAYOCO), was hit by a car mysteriously as he was preparing to board a bus to Mbabane where protest actions organised by the Swaziland National Association of Teachers (SNAT) and the Trade Union Congress of Swaziland (TUCOSWA) were due to take place, according to the Swaziland Solidarity Network (SSN). Mabuza had previously been arrested by police ahead of the banned protests scheduled to be held across the kingdom, ruled by King Mswati III, sub-Saharn Africas last absolute monarch. In a statement released yesterday (12 April 2012), SSN said, His close colleagues have revealed that Mabuza was warned by the police last night after releasing him that he should not participate in todays protests. While the police were busy rounding up other leaders of the mass movement.

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Mabuza headed to Siteki town in the morning to board a bus to Manzini, where he would board another one to Mbabane. As he was standing along the perimeters of the bus rank a car came from nowhere and hit him. He was taken to Mbabane hospital where he currently is in critical condition. It called it a clear attempted murder by state agents. STATE CRUSHES DEMOCRACY PROTEST Swaziland state forces quashed prodemocracy demonstrations in the kingdom yesterday (12 April 2012). Police and army were deployed across the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, to stop any gatherings in support of democratic reform. Trade union leaders were detained by police and roads blocked to stop protesters gathering. Barnabas Dlamini, the Swaziland Prime Minister, had ordered a ban on all protests. Police said the protests were against national security. The crackdown was so effective that by midday yesterday (12 April 2012) workers leaders called off the protest, which had been planned to last up to four days. Jabu Shiba, deputy treasurer of the Trade Union Congress of Swaziland (TUCOSWA), one of the groups organising the protest, told the AFP news agency, We could not continue with our protests today as there was a high level of security, intimidation and arresting of our members. 120

At least 15 protest leaders were reported to have been arrested to stop them taking part in a planned march in Mbabane, the Swazi capital city. They were later released. Vincent Dlamini, National Organising Secretary of Tucoswa, told journalists, We were supposed to meet in the capital, in Coronation Park. When we arrived there this morning, we discovered it was already full of hundreds of armed troops and policemen. They arrested anyone who tried to enter the park, and put them in police vans that took them away. Several of our leaders had already been arrested last night; more were arrested on the scene. Meanwhile, protesters who were driving in from other cities encountered roadblocks; they were told they were not allowed to go to the capital and were forced to turn back. So around midday we realized we had no chance, and decided to call off the protest. Journalists reported a strong police presence on the streets as well as heavily armed soldiers. They were described as brutal and interrogated, threatened, intimidated and insulted detainees. The Swazi Observer, a newspaper in effect owned by King Mswati, reported that some of the TUCOSWA membership were stopped by police close to Coronation Park, where a demonstration was due to start. The newspaper reported, They were forced back into their cars and shown the way back to Manzini. The park was littered with police and correctional officers. A few soldiers were also spotted in some corners of the city.

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The detained leaders were isolated for more than an hour before they were released and told to leave the city. They were taken into a police van, which drove them to the police station and were left in the vehicle for about an hour and half. After being released they were given a choice of being driven back to Manzini, but they refused as they had their own cars. They were eventually escorted to their cars. Police PRO Superintendent Wendy Hleta said it was a peaceful day and nothing out of the ordinary happened. See also POLICE HOLD TRADE UNION LEADERS SECURITY FORCES WILL CLAMP DOWN SWAZI PM BANS DEMOCRACY PROTESTS GOVERNMENT THREAT TO PROTESTERS SWAZI PROTEST GOES ON DESPITE BAN

KING DEFIES CRITICISM TURNS TO GOD King Mswati III is defying criticism of his rule in Swaziland. He told an enthusiastic audience at Engabezweni yesterday (10 April 2012) that he would not answer to international criticism.

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Instead, he said the kingdom would pray for the dissenting voices so that one day they may see the light. He was bidding farewell to church leaders who had attended the annual Easter Prayer Service, in Swaziland. King Mswati, who is sub-Saharan Africas last absolute monarch, said God would be the one to deal with the dissenters. The king has been under mounting criticism both inside Swaziland and outside for the way he treats his subjects. All political parties are banned and dissent is harshly dealt with. This week mass protests are to be held across Swaziland calling for democratic reform. King Mswati also faces criticism in the international community for his lavish lifestyle. He has 13 wives and each has her own palace. He also regularly buys fleets of cars for his own and his familys use. He is known to have a collection of top-of-the-range Mercedes and BMWs. Meanwhile, seven in ten of his subjects earn less than US$2 a day. King Mswati told his worshippers yesterday, When there is hunger people tend to easily lose their cool. But God so loved Swaziland that He let peace prevail in the country. We praise God for protecting the country and keeping an eye on it. He added, We hear people talking a lot of things about Swaziland. At one point someone came and asked me as to why we were silent and not responding to what was being said.

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We will only pray for them. One day they will see the light, local media reported him saying. The king who, according to Forbes in 2009, had a personal fortune estimated at US$200 million added, Swaziland is indeed the pulpit of Africa. God Himself brought the bible to Swaziland when He appeared in a vision and urged Swazis to choose the Holy Book as opposed to money. Future generations will also get to learn that Swazis believe in God. No one can touch this country as long as we have God on our side. SWAZI UNION DEFIES GOVERNMENT The Trade Union Congress of Swaziland (TUCOSWA) says it will continue to operate, despite being deregistered by the Swazi Government. TUCOSWA, which was formed last month (March 2012), had been registered and then deregister by the government, sparking protests across the world. TUCOSWA had announced immediately after it was created that it would call for a boycott of next years elections in Swaziland, saying they were illegitimate because all political parties in the kingdom are banned. TUCOSWA is also taking a lead role in mass protests across Swaziland that are starting today (11 April 2012). The government said it had registered TUCOSWA in error because there was no law in the kingdom to allow federations to be recognised. 124

In its first public statement since the deregulation last week, TUCOSWA said the government was wrong because it had registered federations in the past. It said, the Federation will continue operating as a legal entity. It said, It will be fallacy and a joke of the century for the Government to pronounce that our Industrial laws do not provide for the registration of Labour Federations. It added that the deregulation was an attack on freedom of association in Swaziland. Last week, the Trade Union Congress in the UK called on Swaziland to be suspended from the Commonwealth following its attack on TUCOSWA. COSATU, the South African union group has also pledged its support for TUCOSWA. See also UNION ATTACK: SUSPEND SWAZILAND SWAZILAND GOVERNMENT ATTACKS TRADE UNIONS UNION ATTACK: FULL TUC STATEMENT UNIONS: LETTER TO COMMONWEALTH

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Newsletter 251 20 April 2012

SWAZI ECONOMY SET TO HIT ROCKS Swazilands economy is heading for a shipwreck of Titanic proportions after news that the International Monetary Fund (IMF) has withdrawn support for the kingdoms financial recovery plan. Since 2010 the IMF has been working closely with the Swazi Government supporting its fiscal adjustment roadmap (FAR) a plan for recovery that included getting more revenue through taxes and reducing the public sector wage bill. The Swazi Government drew up the plan and was aided by the IMF in its implementation through a procedure known as the staffmonitored programme. But even though the FAR was the work of the Swazi Government and was completely under its control, the government failed abysmally to implement it. Central to the plan was to reduce the public sector wage bill that of teachers, nurses and other civil servants by 10 percent. This it failed to do. The government did force through 10 percent salary reductions for politicians, but last month (March 2012) MPs voted to have their pay

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restored because they said it was unfair that they were the only public sector workers to have taken the cut. This week, Joannes Mongardini, head of the IMF mission to Swaziland, confirmed that it was no longer working with Swaziland on the staff-monitored programme. He told the Times of Swaziland, the only independent daily newspaper in the kingdom, Government has yet to propose a credible reform programme that could be supported by a new IMF Staff-Monitored Programme. He added that the national budget announced in February 2012 included, recurrent expenditures that are higher than what can sustainably be financed over the medium term. He said the budget did not provide sufficient resources to repay all domestic arrears. Finally, the budget allocates an increasing share of resources to some sectors at the expense of education and health, he said. Swaziland sought the help of the IMF because it was nearly broke and needed loans from international banks, such as the African Development Bank and World Bank, to survive. It could not get these loans until it proved its economy was in order and IMF support in the form of a letter of comfort would enable it to do this. Without the support Swaziland is alone. There is little hope it can secure loans from international banks and even a E2.4 billion (US$307million) loan that had been negotiated with South Africa looks 127

likely to be withdrawn as one of its conditions was that Swaziland provided evidence that it was tackling its economic problems. So what happens next? Since news of the IMF withdrawal broke this week there has been no public statement from the Swazi Government. We know from the past that it has been less than honest with the Swazi people about the state of the economy, with Barnabas Dlamini, the Prime Minister, even claiming a year ago in April 2011 that it had the letter of comfort from the IMF supporting its bid for international loans, when no such letter existed. Finance Minister Majozi Sithole, however, told local media this week he expected to have further talks with the IMF and World Bank starting next Thursday (19 April 2012), but it is difficult to see what they have to talk about, unless the Swazi Government can demonstrate it has control of the economy which clearly it does not. See also IMF CALLS FOR SACRIFICE FROM THE KING

SWAZI GOVERNMENT REBUKES U.S. The Swaziland Government issued a public rebuke to the United States after it called for greater freedoms in the kingdom. Percy Simelane, the governments official spokesperson, said the US was very, very, very, very ill-informed. 128

Simelane was reacting to a statement from the US Embassy in Swaziland which said, We urge the Swazi government to take the necessary steps to ensure the promotion and protection of the fundamental rights and freedoms of all Swazi citizens as outlined in the Swazi constitution, including freedom of conscience, of expression, of peaceful assembly and association, and of movement. The statement went on, The United States government is deeply concerned about increasing infringements on freedom of assembly, as evidenced by the recent actions taken by Swazi security forces to prevent peaceful citizens from gathering for a prayer meeting on Saturday, April 14 in Manzini as well reports of those same forces preventing people from gathering in groups of more than two people in Manzini and Mbabane on April 11 and 12. The US Embassy also voiced concern at the deregistration of the Trade Union Congress of Swaziland (TUCOSWA), a new umbrella body for labour unions. Simelane reacted bitterly to the US statement. He told the Swazi Observer, a newspaper in effect owned by the Swazi King Mswati III, who is also the last absolute monarch in sub-Saharan Africa, that the Americans seemed ill-informed on the matter and other issues taking place in the kingdom. America is very, very, very, very ill-informed. One would have expected them to do a better job than what they have done on researching on the matter, he said.

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Simelane said there were no restrictions in Swaziland. There is no one who has been silenced. We are such an open country and to prove that, in 1996 we allowed a lengthy strike by workers and to me that is a sign that freedom is respected in the country. I repeat, Americans have been ill-informed on the matter. See also COPS BAN PRAYERS, ARREST ACTIVISTS STATE CRUSHES DEMOCRACY PROTEST

WOMEN STRIKE OVER LIES ABOUT PAY Workers went on strike at a major Taiwanese-owned textile factory in Swaziland to protest that the company had claimed its workers are well paid, when they are not. Taiwanese President Ma Ying-jeou visited the Tex Ray factory in Matsapha on his recent tour of the kingdom because it was hailed as one of the best in Swaziland. But workers at the Swazi factory who are mainly women became angry when they learned that the president had been told that their wages were good and it was possible for them to earn E2,000 a month salary.

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Employees at Tex Ray refused to work when they heard the news and were seen toyi-toying and singing instead. They then staged a sit in at the factory. They said Tex Ray management hid the truth of their plight from the president, local media reported. Workers said giving the president misleading information about their salaries had cost them an opportunity to get a reasonable salary adjustment because the president had seemed genuinely interested in the employees welfare. The workers said they were not prepared to return to work until management increased their salaries to E2,000. The textile industry in Swaziland is mostly owned by Taiwanese businesses and wages are so low that companies in South Africa have threatened to move their factories to Swaziland to avoid paying the minimum wage in that country. It is believed that many workers in textile factories at present in Swaziland do not receive even the kingdoms minimum wage that varies between E420 (US$57) a month for an unskilled worker and E600 (US $81) a month for a skilled worker. Many women workers in the textile industry get paid much less than the minimum wage. A report in 2010 stated that employees in Matsanjeni typically earned E160 a month and were forced to turn to prostitution to survive. Some women textile workers reported they earned E5.50 per hour (about 85 US cents) and had to live six to a room and three to a bed

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to get by. They tried to share food as the cheapest meal for one person costs E10 and a piece of fruit costs E1. See also EXPLOITATION BY TAIWAN TEXTILES SWAZI TEXTILE PAY STRIKE ILLEGAL

TEACHERS DEFY GOVT, CALL STRIKE Teachers in Swaziland defied a government ban on their meeting and called a two-day strike. More than 300 members of the Swaziland National Association of Teachers (SNAT) met in Manzini where they decided to strike on 9 and 10 May 2012, to demand a 4.5 per cent salary increase. Principal Secretary in the Ministry of Education and Training, Pat Muir, speaking for the minister, said SNAT had failed to follow the procedures to convene a mass meeting and the meeting was therefore illegal. Muzi Mhlanga, Secretary General of SNAT, told participants, We have heard that some people claim this meeting is illegal, but it must be understood that SNAT does not ask for permission from government to call its members to a mass meeting. He said the statements that were issued saying the meeting was illegal could have been made to discourage their membership. 132

Their tactics did not work, as evidenced by the huge turnout of our membership. This was a very successful meeting, said Mhlanga. Teachers were also banned by an Industrial Court order from marching on 12 April.

COST OF FRIENDSHIP WITH TAIWAN President Ma Ying-jeou of Taiwan on his visit to Swaziland just ending said his country would conditionally provide assistance to its diplomatic allies in Africa. What he did not spell out was just what these conditions might be. But, Taipei observers know that it means that to get aid from Taiwan (officially known as the Republic of China) you have to give it in return international support for its continued diplomatic row with the Peoples Republic of China (mainland China). Taiwan is generally not recognised in the international community and is not allowed to sit in the United Nations (UN). Taiwan wants to join the UN and Swaziland has a vote that could be used to support it. Because the Peoples Republic of China does not want Taiwan in the UN, few countries support Taiwan. Those, like Swaziland, that do, get friendship, usually in the form of development aid or hotel trips to Taiwan for newspaper editors and politicians. Taiwan has a policy of buying friendship with developing countries and Swaziland is one of these friends. Swaziland, ruled by King 133

Mswati III, sub-Saharan Africas last absolute monarch, has few friends itself in the international community and seeks out help wherever it may be. The King had close ties with Colonel Muammar Gadaffi before the Libyan leader was toppled from power. King Mswati finds himself isolated because democracies frown on the way he keeps his subjects under his thumb, as sub-Saharan Africas last absolute monarch, in a kingdom where all political parties and opposition groups are banned. On his trip this week President Ma gave Swaziland 300 notebook computers worth US$300,000 and 1,080 metric tonnesof rice worth US$157,400 to help feed the hungry people in Swaziland, where seven in ten people earn less than US$2 a day. In return, King Mswati gave the president a lavish state banquet and a medal. While in Swaziland, President Ma said Taiwan would not oppose its allies trade links with China as long as they did not establish diplomatic ties. And that was a not very subtle warning to Swaziland that it must pay for the aid that it gets from Taiwan. Malawi found this out in March 2008 when it decided to support the Peoples Republic of China. Taiwan immediately punished Malawi for this by withdrawing its aid from the country, regardless of how much suffering this would cause. Instead, Taiwan transferred what should have gone to Malawi and gave it to Swaziland.

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KING ORDERS HALT TO COURT CASE Evidence that King Mswati III of Swaziland has full control of the judiciary in his kingdom emerged this week when he ordered the High Court to drop a case concerning a disputed chieftaincy. King Mswati, who is sub-Saharan Africas last absolute monarch, instructed the Attorney General Majahenkhaba Dlamini, who is himself a member of the Swazi Royal family, to tell the High Court to drop a case in which two factions were disputing who was the rightful chief in the Nkhaba area. In Swaziland, chiefs are a direct link between the king and his subjects. They are often seen as speaking on behalf of the king and people who live in chiefdoms are often referred to as the chiefs subjects. The Swazi News, an independent newspaper in the kingdom, reported that the attorney-general conveyed the kings order to the High Court that the case should be dropped with immediate effect. It reported that the king instructed the matter should be dealt with by traditional authorities and not the law court. The Centre for Human Rights (CHR), Swaziland, in a statement, said the case proved, how the Swazi monarch continues to interfere in the operations of the judiciary in Swaziland, despite in the past giving assurances to the United Nations that it would not. The CHR said, The judiciary continues to suffer from within and without. As recently as 2011, lawyers took to the streets, boycotted Supreme Court sessions, boycotted all courts in the land because of a

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judicial crisis that was sparked by Chief Justice Michael Ramodibedi's interference in the running of the courts, and how individual judges deal with specific matters. It added, In this latest move to undermine the judiciary, royal orders from His Majesty King Mswati III were conveyed to the court by the Attorney General, himself a member of the royal family, to the effect that the court should immediately stop dealing with the matter. The matter would instead be dealt with under customary structures. This violates the rights of the litigants to a fair hearing, to choose the forum that will determine their case and it further erodes any hope that the individual in Swaziland has any remedy in case of a violation. See also SWAZI JUDGE FIRED FOR DISRESPECT

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Newsletter 252 27 April 2012

KING TO MAKE US$100m FROM JET FIRM King Mswati III of Swaziland could make US$100 million from his share in the company that this week gave him a jet plane as a gift. Salgaocar, an Indian-based global conglomerate, was granted a licence to mine iron ore at Ngwenya in Swaziland, within a protected area inside the Malolotja Game Reserve, despite fears that its work would pollute the water supply of many rural people and also the population of Mbabane, the kingdoms capital. But, the licence was granted and a company called Salgaocar Swaziland was formed with 50 percent owned by Swaziland, according to MetalBulletin, an industry journal. In Swaziland, King Mswati III is an absolute monarch and he keeps all mineral royalties in trust for the nation. In practice, he chooses how the money is used and in the past this has meant he spent it on himself and his 13 wives. Salgaocar Mozambique Chief Executive Officer Ron Herman said last year that he expected 200 million tonnes of ore to be extracted. Salgaocar Swaziland Chief Executive Officer Sivarama Prasad Petla said Swaziland would get a royalty of 50 US cent per tonne. On this basis the King stands to get US$100 million. 137

He could get even more, as figures from the Swaziland Investment Promotions Authority (SIPA) state that 700 million tonnes of iron ore are below the surface of the Piggs Peak belt in the Hhohho region. Herman said the iron ore extracted at Ngwenya Mine contained 60 percent sulphur, which was amongst the best in the world. Work started at Ngwenya earlier this year amid fears from locals that effluent from the mining factory would contaminate the water quality of the nearby Hawane Dam. The IPS news agency reported the Swaziland Water Services Corporation (SWSC) draws water from Hawane Dam to supply Mbabane and the tourism hub of Ezulwini. Today (26 April 2012), news leaked that Salgaocar had given King Mswati a McDonnell Douglas DC-9 twin-engine jet as a gift. Barnabas Dlamini, the Swazi Prime Minister, said the donor wanted to remain anonymous. He claimed to the media that the jet had been donated by development partners of Swaziland.

PRIVATE FIRM GAVE KING HIS JET The Swaziland Governments claim that King Mswati IIIs newly-arrived jet was given to him by development partners may be wide of the mark. Instead, news is emerging that the McDonnell Douglas DC-9 twin-engine jet was donated by Salgaocar, an Indian-based private

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company that has recently acquired mining rights in Swaziland after going into partnership with the King. Salgaocar describes itself on its website as a leading multiconglomerate in India [that] is engaged mainly in mining and export of iron ore to the different countries of the world. It is thought to have given the king a corporate jet that the company no longer needed. This news contradicts what Barnabas Dlamini, the Swazi Prime Minister, said earlier this week that the jet was given to the king by sponsors of Swaziland who were development partners. Salgaocar started mining for iron ore this year after it received a seven-year licence from the Swaziland Government to extract iron ore from dump piles left at a closed mine at Ngwenya. According to MetalBulletin, an industry journal, the Swaziland Government owns a 50 per cent stake in Salgaocar Swaziland, the subsidiary set up to do the work in the kingdom. But, in Swaziland, where King Mswati is sub-Saharan Africas last absolute monarch, the King takes the place of the government in business dealings and will receive the income from the venture himself and use the money as he pleases. The value of Salgaocars contract is not known. Meanwhile, the company is keen to promote its charitable work in Swaziland. Last month it was reported that Salgaocar would spend up to E5 million (US$645,000) this year to supply clean drinking water, education, and medical help in Swaziland.

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No official announcement has been made about who donated the jet. Percy Simelane, the Swazi Governments official spokesperson, said the donors wanted to remain anonymous. The Government seems to be embarrassed about the amount of publicity surrounding the purchase and has banned people from photographing the jet. One person who took pictures of the plane in order to get its identity number and trace its owners was forced by police and army to delete the pictures. See also THOUSAND DENIALS ON JET PURCHASE DISBELIEF OVER SWAZI KINGS NEW JET

TRADE UNION GROUPING BAN UNLAWFUL The Swaziland Attorney-General acted unlawfully when he deregistered the kingdoms only trade union federation. His action could only be done by the Industrial Court after due legal process, one of Swazilands leading prodemocracy commentators said. Vusi Sibisi, who writes for the Times of Swaziland, the kingdoms only independent daily newspaper, said Attorney-General Majahenkhaba Dlamini had no legal standing when it came to deregulating the Trades Union Congress of Swaziland (TUCOSWA).

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Sibisi wrote in the Times,Nowhere does this law give or provide the Attorney-General unfettered powers, or any powers for that matter, to constitute himself into a court for the purposes of interpreting the law. There has been an outcry since the deregulation was announced earlier this month (April 2012), with claims that it was politically motivated because TUCOSWA, which is a federation of the kingdoms main trade unions, had called for a boycott of the 2013 national elections because political parties are banned in Swaziland, which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. TUCOSWA also played a leading part in thwarted protests for democratic reform that were held on 11 and 12 April 2012. The deregulation has been condemned across the world. Earlier this week the US Embassy in Swaziland publicly called for greater democracy in Swaziland. Sibisis wrote that the attorney-general should have challenged TUCOSWAs registration in court and not constituted his own court for this purpose. He added, The Constitution is unambiguous when it comes to the interpretation of the law; it is the prerogative of the courts and no other authority. See also SUPPORT GROWS FOR UNION GROUPING

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OSISA WANTS URGENT ACTION ON RIGHTS The Open Society Initiative for Southern Africa (OSISA) called on the African Commission on Human and Peoples Rights (ACHPR) to take urgent action to protect and promote human rights in Swaziland during its submission to the organisation's 51st session in Banjul. In a statement, OSISA urged the Commission to work with states to scrap outdated, colonial era offences that serve to criminalise poverty and homelessness, and allow for arbitrary arrest and detention by the police. In its statement on Swaziland, it said, At the last session of the ACHPR, OSISA appealed to the Commission to undertake a mission to Swaziland to investigate the factors and issues that had given rise to the country's judicial crisis. No visit was possible and sadly the status quo has not changed, even though a compromise reached between the Law Society of Swaziland and the Minister of Justice and Constitutional Affairs did at least end the total boycott of the courts by lawyers due to maladministration and court interference by the Chief Justice. However, the heart of the matter remains unresolved since litigants with cases against the King's office still cannot access justice. But OSISA also pinpointed other ways that the people of Swaziland continue to have their basic rights curtailed and violated. Earlier this month (April 2012), the Attorney General unilaterally deregistered the Trade Union Congress of Swaziland (TUCOSWA) as part of the government's concerted attack on any groups or individuals

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demanding genuine democracy and respect for human rights in Swaziland. With Swaziland's unique brand of undemocratic elections due next year, political parties remain banned, the media remains muzzled, civil society remains under threat, the police remain unaccountable and the electoral process itself is contrary to almost SADC and AU principles except for being held on a regular basis, said Leopoldo de Amaral, OSISAs Human Rights Programme Manager. OSISA called upon the Commission to visit Swaziland to ascertain the reasons for the on-going judicial crisis and to urge the Swazi government to desist from interfering in the affairs of the judiciary, pursuant article 26 of the Charter. OSISA also urged the Commission to ensure that the Swazi Government unbans political parties, officially registers them and amends the Constitution to allow them to contest for political power so that the people of Swaziland can participate in genuine democratic elections.

DEMOCRATIC MOVEMENT CRIED WOLF (Peter Kenworthy's Stiffkitten blog) The democratic movement that cried wolf Messages proclaiming the final days of king Mswatis absolute monarchy in Swaziland, or the revolutionary uprising of thousands of

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Swazis, have been conveyed many times by individuals and organisations within Swazilands democratic movement. Here are a few examples from the past year: The people of Swaziland are convinced that no muti or ritual will ever stop the tide of the revolution. The year 2012 will be the year that king Mswatis dictatorship finally ends and a new democratic dispensation takes its place. (Swaziland Solidarity Network statement, December 2011). They should prepare to govern. Tinkundla, or whatever this royal mess is called, is well and truly over. Come April 12 we will be sweeping its remains off our country. (Swazi April 12 Uprising statement, April 2011). PUDEMO proclaims the final days of the Tinkundla supremacists. (PUDEMO statement, April 2012) What such messages all have in common is that they turn out to be disappointingly far from the truth, that they therefore create false expectations, both inside and outside Swaziland, and that the discrepancy between the predictions and the outcome of the actual protest action reflects poorly on the democratic movement at large regardless of the fact that much of the democratic movement has for decades worked vigorously and bravely to try and convince the majority of Swazis to stand up and demand democracy and economic justice. According to Dumezweni Dlamini from the Swazi NGO, Foundation for Socio-Economic Justice, the more boisterous part of the

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democratic movement needs to talk less and act more. Can we spare the talk and let actions speak more. We are making a lot of noise without action so that its so noisy that we cannot even hear what we are saying ourselves. And all this in turn leads to apathy amongst Swazis otherwise willing to demand democratisation and to foreign newspapers not bothering to run stories about the Swazi Uprising. The April 12 Uprising Facebook group led people outside Swaziland to believe that there was a real demand, not only for change, but for revolutionary change in the kingdom, says Richard Rooney, a journalist and former University of Swaziland associate professor, as well as currently being one of the best sources of continuous and uncensored news about Swaziland through his Swazi Media Commentary. I had many contacts from the international media at this time [April 2011] who genuinely believed there was to be a revolution in Swaziland. Many came to Swaziland for the event and were bitterly disappointed that nothing happened. There was no uprising, nor anything close to it. This year the media by and large stayed away on April 12, I believe because (correctly as it turned out) they didnt expect much to happen. It will be very difficult to convince them in the future that people Swaziland are serious about protesting for change.

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Newsletter 253 4 May 2012

NEW DENIAL ON SWAZI KINGS JET GIFT The Swaziland Government has denied that the jet plane gifted to King Mswati III came from Kuwait. Percy Simelane, the Swazi Governments official spokesman, vigorously denied a report that first appeared in South African media at the weekend and quickly spread across the world. The report quoted Prince Omari Dlamini, a relative of King Mswati, saying the plane was a gift from Kuwait. The report put the value of the plane at US$46 million. Now, Simelane has stated that Prince Omari Dlamini is no relative of the King and his story is false. In a robust statement, Simelane denied the claim and admonished media house editors. We strongly feel that any reporter worth his/her salt should have known that Prince Omari may not represent the leadership or country position of the Kingdom of Swaziland because his existence is not known within the Royal Family neither is he a citizen or official here, he said. However, Simelane has not denied a report that the true donor of the McDonnell Douglas DC-9 twin-engine jet was Salgaocar, an Indian-

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based private company that has recently acquired mining rights in Swaziland. It is reported that the King stands to personally make US$100 million from a contact awarded to Salgaocar in Swaziland, where he rules as sub-Saharan Africas last absolute monarch. See also PRIVATE FIRM GAVE KING HIS JET KING TO MAKE US$100m FROM JET FIRM

SWAZI POLICE BEAT TRADE UNIONISTS Two trade unionists in Swaziland were arrested and beaten by police at a May Day rally. They were arrested because they were holding a banner with markings of the Trade Union Congress of Swaziland (TUCOSWA), a labour organisation that is not recognised by the Swazi Government. The Centre for Human Rights, Swaziland, reported the two men, were violently arrested, beaten up and later released without charge by state police in Swaziland. The Centre named the two as Muzi Mhlanga, who is Secretary General of the Swaziland National Teachers Association (SNAT), and another member of the union identified only as Oscar.

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The Centre said the two were arrested at a May Day rally in Manzini, the main commercial city in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. In a statement the Centre said the men, were arrested after police pounced on toyi-toying workers who were carrying a banner with TUCOSWA markings. It added, The two were taken to the Manzini Regional Police Headquarters where they were detained for two hours. They were later called into an office and asked what their business was at the police headquarters, to which they responded that they had not gone there voluntarily, but were brought in by the police. According to Mhlanga, who was interviewed by the Centre after his release, five plain clothed police officers pounced on them as soon as the van delivered them at the regional headquarters. Mhlanga was shoved to the floor, and beaten by these members of the law enforcement agency. During the fall he sustained injuries to his knees and face. During the interview, Mhlanga spotted a visibly swollen face, especially around his eyes. Oscar on the other hand sustained injuries while state police dragged him and threw him into the police van which sped off immediately. Ironically, no charges were preferred against the two. The Centre said the two would bring charges against the police officers.

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POLL SHOWS DISAPPROVAL OF SWAZI KING

More than four in 10 Swazi people disapprove of King Mswati IIIs leadership, a new Gallup opinion poll reveals. The news will surprise many observers of the kingdom, where King Mswati reigns as sub-Saharan Africas last absolute monarch, as local media continually report that all Swazis love their king. Gallup interviewed 1,000 adults aged over 15, face-to-face, in Swaziland between 13 and 21 November, 2011 as part of a survey into attitudes to leaders conducted across the world. The results have just been released.

Gallup found that 43 percent of the people interviewed answered Disapprove and 56 percent, Approve, to the question: Do you approve or disapprove of the job performance of King Mswati? The Swazi Government came out worse than the king. Asked about approval of the kingdoms leadership more generally, 40 percent approved and 56 percent disapproved.
SWAZILAND STUDENTS TURN ON SSN The Swaziland National Union of Students has attacked the Swaziland Solidarity Network and its official spokesperson Lucky Lukhele following SSNs handling of criticism about the organisations exaggerated claims concerning the support it has from Swazis for its call for revolution in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. 150

It follows an Internet blogpost by Peter Kenworthy on his stiffkitten site, in which he drew attention to exaggerated claims being made by SSN and some other prodemocracy groups. Kenworthy is also associated with Africa Contact, a Danish-based NGO

Lukhele responded with what SNUS calls bile. The SNUS statement was posted on its Facebook site. Here it is in full: SNUS STATEMENT: CHUCK LUCKY OUT OF SSN OR DISMANTLE SSN The Swaziland National Union of Students is amazed and angry at the bile spewed by one self-imposed exile called Lucky Lukhele. This is so because, due to intellectually malnutrition, he failed to read and understand the article written by one internationalist and true solidarity friend of the oppressed people of Swaziland, Peter titled the democratic movement that cried wolf. This is so because had he been clever and intelligence enough, he would had seen that the article was a constructive criticism of the broad, mass democratic movement in Swaziland. Truth be told, the students movement do not take kindly to the unwarranted attack of Africa Contact especially when the president of the students union, Maxwell Dlamini is dragged into the attack.
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We want to put on record that Africa Contact did contacted SNUS about the release Maxwell campaign and explained why they wanted to use him as the face of all political prisoners. Had he taken time to read about the struggle of South Africa, he would have known that the ANC did the same thing with Nelson Mandela. It is not that ANC was neglecting the other political prisoners but they wanted to focus on a particular person to profile correctly the struggle of South Africans. But we cant blame Lucky, he wasnt good in history that why he is suffering from the political intellectually dehydration. Had Lucky understood the struggle in general, he would have known that you cant be in solidarity with yourself. That why he would have refused to be the face of a solidarity network. Secondly, Africa Contact is a true solidarity partner of the Swazi people, unlike SSN which talks more and acts less, they have contributed immensely in the building and strengthening of the mass democratic movement. This is so because they have contributed in the financially and otherwise in the strengthening of SNUS, SUDF etc which are organizations that have shaken tinkhundla to the core. The less said about SSN the better. It has now turned out to be an organization of statements and has lost focus. Jack Govender and Musa must be turning in utter disgust by what Lucky is doing in SSN.
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Lucky Lukhele and together with the chairperson of SSN, Solly has actually destabilized the mass democratic movement. He first tried to sponsor comrades of Pudemo to oust Mario Masuku and he failed dismally on that. He then tried to sponsor a coup to take over Pudemo in Elijah Mango, but again he failed not withstanding that he had brought in an armed renegade to take pudemo. After failing in all this attempts he then sponsored comrades to degrade pudemo and its leadership in public, he again failed on that one that is why now he had sponsored division by forming and supporting Communist party of Swaziland, which has been formed by the same individuals who tried to take over Pudemo illegally. As a matter of urgency, SNUS will write a letter to PUDEMO NEC to review their relationship with SSN. We cant allow our struggle, leaders and partners to be ridiculed in public in the name of solidarity. SSN must either shape out and allow us who are in the firing line to lead the struggle. If they fail to do that, we will disassociate ourselves from them and dismantle.
We will demand that Pudemo implements the Westville resolution that exiles must be kicked out of solidarity networks. We do not own anything to SSN. In fact of late they have been a liability to the struggle of Swaziland hence a need to seriously look at their role and relevance at this hour. 153

SNUS has actually lost the little respect they had for this organization. If needs be, a new solidarity block that will seek to profile the struggle of Swaziland internationally and render solidarity to the people of Swaziland must be formed to organize the individuals who truly want to assist the people of Swaziland to earn liberation. And Lucky in the current juncture must go and upgrade his marks so that he will be accepted at tertiary institutions to further his studies otherwise he will be a driver in the new democratic dispensation since we will need people with qualifications to actually take the country forward. See also STUDENTS ATTACK SSN BILE STIFFKITTEN: FURIOUS REACTION DEMOCRATIC MOVEMENT CRIED WOLF

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Newsletter 254 11 May 2012

SWAZI DEMOCRACY MOVEMENT SPLITS A rift has opened between the major opposition party in Swaziland and the most vocal of the prodemocracy movements organisations. PUDEMO the Peoples United Democratic Movement has suspended the Swaziland Solidarity Network (SSN) and thrown it out of its offices. The move comes after long-running arguments about the direction of the struggle for democracy in Swaziland, where King Mswati III rules as sub-Saharan Africas last absolute monarch. The SSN runs a Google forum in which many people in the past few months have been posting items critical of PUDEMOs leadership. Often, the language in posts directed at some leaders of PUDEMO has been abusive. Today (9 May 2012), in a statement, PUDEMO announced the indefinite suspension of the SSN, which it formed in 1997. It also reported that the office in Johannesburg, South Africa, where SSN is based, will be closed within seven days. Its statement it said, SSN had a systematic, well-orchestrated and deliberate plan to undermine, maliciously attack and insult PUDEMO as an organisation, its leadership, its structures and its most disciplined cadres, including the president. 155

PUDEMO went on, SSN Google forum has been used by certain elements to attack the integrity of the movement and its leadership with SSN leadership shockingly silent. We have held meetings, time and again, to engage soberly and avoid the point which SSN Google forum has pushed us to. It is for that reason that we wish to state categorically that PUDEMO will not allow itself to be abused or be treated less than other organisations, to which most SSN comrades belong in South Africa or wherever. We are also alarmed at the attacks on our genuine allies, particularly certain members of the tripartite alliance in South Africa by the recklessness of these elements, as well as on genuine forces for democracy in Swaziland, particularly TUCOSWA [Trade Union Congress of Swaziland] and SNUS [Swaziland national Union of Students] recently. The PUDEMO statement was posted on the SSN Google forum today. Initial reactions from people posting to the SSN were of disbelief, but also a resolution to continue with criticism of PUDMOs leadership.

DEMOCRACY GROUPS SPLIT IS IRRELEVANT The row between the major opposition party in Swaziland and the most vocal of the prodemocracy movements organisations is largely irrelevant to the campaign for democracy in the kingdom.

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PUDEMO (the Peoples United Democratic Movement) suspended the Swaziland Solidarity Network (SSN) yesterday (9 May 2012) and is throwing it out of its offices. This follows long-running arguments about the direction of the struggle for democracy in Swaziland. The SSN runs a Google forum in which many people in the past few months posted criticisms of PUDEMOs leadership. This so angered PUDEMO that it indefinitely suspended SSN, an organisation it founded in 1997. SSN is refusing to accept this ruling and an almighty fight can be expected. Look out for blood on the carpets at the SSN office in Johannesburg. The main criticisms of SSN from PUDEMO are the manner in which it has used its Google Forum (and there is also an associated Facebook site) to undermine the struggle for democracy. But, both PUDEMO and SSN fail to realise is that no one apart from themselves reads these sites. The SSN Google group has 800 members and its Facebook page has 2,800, and its a fair bet that many people in the Google Group are also in the Facebook group, so the total number of people SSN has online is probably no more than 2,100. But hardly any of them are in Swaziland, where only about 90,000 people are on the Internet and of these 63,720 are on Facebook and there is no reason to suspect that most of these Facebookers ever read the SSN page. Who knows how many of these members actually read what is posted on the sites, but it is clear that only a tiny number of people (perhaps no more than a dozen) actually regularly post on the sites. The 157

most prolific of these posters are not in Swaziland, but in South Africa and Canada. So, hardly anyone in Swaziland reads the SSN and in reality the campaigners are talking to one another. Many of the posts are nothing to do with Swaziland, but consist of academic tracts about revolution and Communists. Last year when Col Muammar Gaddafi was kicked out of Libya, many of the SSN posters argued vehemently in favour of Gaddafi and against the counter revolutionaries trying to overthrow him. Any serious observer of the scene in Swaziland, where King Mswati III rules as sub-Saharan Africas last absolute monarch, and all political parties are banned, knows the Internet means nothing to most Swazi people. About 70 percent of Swazis live in rural areas and rely on local chiefs (who are the Kings representative) for their livelihoods. They have little understanding of the concept of democratic reform. Through the chiefs and control of the media, the monarchy has managed successfully to keep people depoliticised and largely unorganised. Intimidation from the state police and defence forces is also used to keep the mass of the Swazi population passive. The real struggle for democracy needs to take place in the rural areas, not online. The SSN Internet sites do nothing to change the situation of ordinary Swazi people and the row between PUDEMO and SSN about what is published online is irrelevant. It is like two bald men fighting over a comb. 158

TEACHER CARRYING UNION BAG ARRESTED A schoolteacher in Swaziland who was waiting for a bus was detained by police because he was carrying a bag with an inscription of a trade union federation on it. Wandile Ndlela was approached by uniformed police officers at the Satellite Bus Rank in Manzini, the main commercial city in the kingdom, and accused of carrying a bag inscribed with TUCOSWA the Trade Union Congress of Swaziland. TUCOSWA was recently deregistered by the Swazi Government after it called for a boycott of national elections due to be held next year. TUCOSWA is not a banned organisation in Swaziland where all political parties are proscribed and King Mswati III rules as sub-Saharan Africas last absolute monarch. The Human Rights Centre, Swaziland, said in a statement that police officers led Ndlela to the police post situated at the bus rank where he was briefly detained, before being taken to regional police headquarters in Manzini. The statement added, There he was interrogated by senior police officers, who wanted to know where he had taken the bag from; and why it had the TUCOSWA inscription. When he tried to ask if he had done anything wrong, they curtly told him that he knew that TUCOSWA was banned by the state, and he should not be carrying the bag. After a lengthy interrogation he was released without any formal charges being laid against him. Before releasing him, the state police recorded his details, his place of residence 159

and place of work and gave him his bag back before warning him never to carry it. The Human Rights Centre said the case illustrates the level of police impunity in the violation of fundamental rights taking place in Swaziland. It added, Despite the many cases of police violence and brutality reported almost daily, there is no record of prosecution of any police officer for human rights violations. MORE SELF-CENSORSHIP AT TIMES The Times of Swaziland, the kingdoms only independent daily newspaper, has for the second day running censored itself in its reporting of King Mswati III. Today (9 May 2012), the Times reports on a Gallup poll that asked Swazi people whether they approved of the Kings leadership. According to the newspaper, the King received a majority vote from the Swazi people. Todays publication follows a report in the Times yesterday that the Swazi Government had received only 40 percent of Swazi approval in the same Gallup poll. The Times made no reference to the Kings poll rating in that report. The Times was criticised yesterday by Swazi Media Commentary for censoring itself by not reporting the poll result for King Mswati, who is sub-Saharan Africas last absolute monarch. Today, the Times responded with its report on the Kings rating. 160

But, although the report says the King received a majority vote of his people, it does not give the figures. That is because the King received only 56 percent approval another 43 percent of the Swazis interviewed by Gallup disapproved of the Kings leadership. The real story is not the number who approve of the King, but the 43 percent who disapprove. In Swaziland, the mainstream media do not allow any criticism of the King. Instead they are likely to play up the importance of the King and report that his subjects unreservedly love him. Also, the King has strict control over his subjects lives, especially the 75 percent who live in rural areas. Chiefs of areas are the Kings representative and they can decide who is able to live and work in the area. If you criticise the King, you upset the chief, and you can be sent into exile. This means that when people have criticisms of the King, they keep them to themselves. So, the fact that more than four in ten people are prepared to tell a Gallup pollster they disapprove of the Kings leadership is a significant development and might encourage others who have been too scared to voice their objection. The Times newspaper knows this and thats why it censored itself in the report. See also POLL SHOWS DISAPPROVAL OF SWAZI KING 161

FACEBOOK IN SWAZILAND: THE STATS The assertion by Princess Sikhanyiso, the King of Swazilands eldest child, that almost everyone in her fathers kingdom is on Facebook caused ripples of mirth because it showed just how out of touch with the real world she is. But a straw poll I conducted today shows just how out of touch most of us are about Facebook usage in Swaziland. Those of us who are connected to the Internet seem to assume that most other people are as well. And, thats why we spend so much time ourselves on Facebook, getting the message out for democracy in Swaziland. But, the truth is somewhat more sobering. Here are the real figures for Facebook usage in Swaziland, courtesy of the socialbakers website. The statistics are as up-to-the-minute as it is possible to be. There are about 1.1 million people in Swaziland and of these 63,720 are on Facebook. That puts Swaziland at number 158 in the whole world. The numbers of people on Facebook grew by more than 16,040 in the past six months. That means 4.71 percent of the Swaziland population are on Facebook. Of those people who are able to access the Internet, 70.80 percent are on Facebook. Of those people who are on Facebook, 40 percent are aged 18 24 years (24,851 users); 24 percent are aged 24 35 years. Men make up 58 percent of all users and women 42 percent.

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GOVERNMENT SILENT ON ECONOMY CRISIS The Swaziland Government has maintained an eerie silence about how it is going to save the kingdoms ailing economy in the weeks since the International Monetary Fund withdrew its support for its financial rescue plan. The IMF said in effect that the governments plan to cut public spending and at the same time raise additional revenue from taxes was unworkable. By withdrawing its support, the IMF makes it almost impossible for Swaziland to raise loans from the World Bank or the African Development Bank to help finance its way out of trouble until it can get the economy back on its feet. Without the loans it is impossible to see how the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, will be able to pay its bills, including the salaries for the estimated 35,000 civil servants in the kingdom, one of the largest public labour forces on the continent. The government has not publicly spoken about what its next moves might be since the IMF withdrawal. It has been shielded a little by a larger than expected payment of E7 billion from the Southern Africa Customs Union (SACU). This money enables the government to pay its immediate bills and ensure that wages can be met for at the next few months. But it is not expected that future payments from SACU will be as generous. The government, handpicked by King Mswati, fears that if it cannot pay the salaries there will be civil unrest. Already teachers, 163

students and public service workers have taken to the streets to demand higher salaries and scholarships. An announcement from the Central Bank of Swaziland (CBS) that foreign exchange reserves have fallen to a new low makes the governments position close to critical. Last week the CBS reported that for the month ended in March 2012, gross official reserves stood at E3.77 billion, which is a contraction of 6.8 per cent from the previous month where the reserves stood at E4.044 billion, which is lower than Januarys E4.24 billion. The CBS reported the fall in recent months was because reserves had been used to finance the governments spending. The CBS said that the reserves were only enough to meet the cost of Swazilands imports for 1.9 months, lower than the 2.1 months cover recorded at the end of February. Usually, reserves should be able to cover at least three months of imports of a country. A further decline in reserves poses a threat for the Swazi currency, the Lilangenis continued pegging to the South African Rand. The whole currency reserves crisis also deters investor confidence.

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Newsletter 255 18 May 2012

READERS ATTACK TIMES FOR GAY HATE The Times Sunday, an independent newspaper in Swaziland, angered its readers after allowing one of its regular columnists to write hate speech against homosexuals. Readers called on the editor of the paper to account for why he allowed the article to be published. Qalakaliboli Dlamini, who writes for the paper each week, proudly proclaimed himself to be homophobic, as he declared, I hate homosexuality with every fibre of hair or flesh in my body. He said homosexuals performed satanic deeds and were an abomination. Dlamini wrote 1,500 words in his column attacking homosexuals as a reaction to the recently-published Behavioral Surveillance Survey of Swaziland which reported the views of 324 gay men in the kingdom. Dlaminis article breaks the rules of Times of Swaziland group of newspapers, of which the Times Sunday is a member. Rules for contributors to the Times website state, Comments that contain racist, sexist or homophobic remarksor that may be interpreted as such wont be published. Readers who contacted the Times via its website condemned Dlaminis article. 165

One reader wrote, The editor must answer to his readers as to why he allowed this article to be published. In fact he should question why Mr Dlaminis badly researched, ill thought out and poorly written articles continue to be published at all. He is an embarrassment to a proper newspaper. Another reader called the article utter bigotry and shameful. Yet another reader called Dlamini shallow minded and pathetic. Another called it an appalling article. Dlaminis article breaks the Swaziland National Association of Journalists (SNAJ) code of ethical conduct on hate speech, which states, Journalists shall avoid by all means the publication of speech that might promote hatred, spite and conflict amongst the Swazi or any other nation. Hate speech is a type of speech or writing which can do any of the following: deliberately offend, degrade, intimidate, or incite violence or prejudicial action against someone based on their race, ethnicity, profession, national origin, religion, sexual orientation, or disability. It can be aimed at an individual; or racial, ethnic, religious or other group. Such speech generally seeks to condemn or dehumanize the individual or group; or express anger, hatred, violence or contempt toward them. See also TIMES HATE SPEECH NOW ITS THE JEWS 166

NEW BILL WILL CLOSE DOWN THE PRESS The Swaziland Government has been accused of trying to close down the press with the publication of a new Bill to bar public servants from disclosing any information about their work that relates to public policy. They will also be prevented from talking about the economic strategy of the kingdom. The new Public Service Bill also states civil servants must not publish in any manner anything which may be reasonably regarded as of a political or administrative nature. The Bill was published earlier this month and is due to be debated in parliament before being signed into law by King Mswati III, sub-Saharan Africas last absolute monarch. It is being seen in Swaziland, where censorship of the media is tight, as a further way of keeping information from the Swazi people. Quinton Dlamini, President of the public service union NAPSAWU, said the Bill was, nonsense because its difficult to draw the line on information that is confidential or not. He told local media,There is nothing private about government. All that they do has to be public. They use our money, so as citizens, we have to know how our money is spent. He added, It means we wont know whats happening in government. In short, theyre closing down the press. It means everything has to come out through the Government Press Secretary.

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He said the media would find it difficult to break stories because government would demand that journalists divulge sources of information. Part of the Bill reads, Whether on duty or on leave of absence, a public officer shall not (except with due authority) allow oneself to be interviewed on questions of, or connecting with any matter affecting or relating to public policy, security or strategic economic interests or resources of Swaziland. SSN NOT VOICE OF DEMOCRACY MOVEMENT The way the Swaziland Solidarity Network (SSN) presents itself as the legitimate voice of the prodemocracy movement has been rejected by political and labour groups in the kingdom, according to an analysis just published. And, the split between the SSN and its parent, the Peoples United Democratic Movement (PUDEMO), could eventually lead to a decline in the potential impact of work for democracy in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. The analysis came from the African Conflict Prevention Programme (ACPP) in Pretoria, South Africa, which is part of the Institute for Security Studies. It came in a briefing after last weeks decision by PUDEMO to indefinitely suspend SSN and to throw it out of its office for systemically launching vicious attacks on PUDEMO. 168

ACPP says, Those familiar with the SSN Google Forum would be acquainted with their aggressive descriptions of the monarchy elite and their permanent labelling of the ruling regime as nepotistic, discriminatory and oppressive. ACPP says, the self-presentation of the SSN as the legitimate voice of the movement has been rejected by PUDEMO, other political entities and labour formations in the country. It says the move by PUDEMO should not be seen as a split in the democracy movement because the SSN is not at the centre of decisionmaking in the movement. Its role has, ACCP says, been to monopolise the external public communications space on the countrys domestic politics. ACPP says, The irony with the SSNs suspension is that PUDEMO and the SSN, who both operate illegally since political party activities are criminalized, have generally had more similarities than differences in their political change approaches, which are characterized by the use of strong language, radicalism and revolutionary rhetoric. ACPP says, [T]he PUDEMO/SNN rift signifies serious underlying weaknesses within the Swaziland Democratic Movement (SDM), which over the years has failed to address the tough questions on the true character of the movement; the extent to which there are assumed material incentives in SDM participation; and the degree of free riding within the group. ACPP says, The mass democratic movement has a history of fragmentation based on both ideology and intra relations within the group. These fragmentations also challenge the self-presented notion of a 169

collective identity within the SDM, inferring that collective identity is more a perception than a reality. ACPP says as a consequence the various democracy groups are unable to agree on campaign strategies and tactics for reform. It predicts that this will lead eventually to a decline in the potential impact of the movement. See also SWAZI DEMOCRACY MOVEMENT SPLITS

SWAZI PM, ENEMY OF FREEDOM, TURNS 70 Swaziland's Prime Minister Barnabas Dlamini, the man King Mswati III illegally-appointed in 2008, is 70 years old today. Dlamini was appointed by the King, who is sub-Saharan Africas last absolute monarch, after the November 2008 national election in which all political parties were barred. The King disregarded the constitution he had signed in 2005 that clearly states that the Prime Minister must be a member of the House of Assembly. Dlamini has sat in six parliaments, but has never been elected by anybody. When introducing Dlamini as the new PM, King Mwsati told him publicly to attack prodemocracy campaigners and all who supported them. 170

Dlamini set about his task with zeal. He banned four organisations, branding them terrorists. His Attorney General Majahenkhaba Dlamini told Swazis affiliated with the political formations to resign with immediate effect or feel the full force of the law. Under the Suppression of Terrorism Act (STA), enacted the same year Dlamini came to power, members and supporters of these groups could face up to 25 years in jail. Under the draconian provisions of the STA, anyone who disagrees with the ruling elite faces being branded a terrorist supporter. The Attorney General Majahenkhaba Dlamini stressed that the government was after supporters of the banned organisations. Supporting an organisation, he said, includes associating with such banned formations or aiding materialistic through provision of commodities such as food and weapons. This happened at a time when the call for democracy in Swaziland was being heard loudly both inside the kingdom and in the international community. Since 2008, the Dlamini-led Government has clamped down on dissent. In 2011, Amnesty International reported the ill-treatment, house searches and surveillance of communications and meetings of civil society and political activists. Armed police conducted raids and prolonged searches in the homes of dozens of high profile human rights defenders, trade unionists and political activists while investigating a spate of petrol bombings. Some of the searches, particularly of political activists, were done without search warrants. 171

Amnesty reported that authorities continued to use the STA to detain and charge political activists. The STA was also used as a basis for search warrants and other measures to intimidate human rights defenders, trade unionists and media workers. In 2010, Dlamini publicly threatened to use torture against dissidents and foreigners who campaigned for democracy in his kingdom. He said the use of bastinado, the flogging of the bare soles of the feet, was his preferred method. Dlamini told the Times of Swaziland newspaper he wanted to punish dissidents and foreigners who come to the country and disturb the peace. But Dlaminis abuse of human rights did not start with his appointment in 2008. He was a former PM and held office for seven and a half years until 2003. While in office he gained a deserved reputation as someone who ignored the rule of law. In 2003, he refused to recognise two court judgements that challenged the Kings right to rule by decree. This led to the resignation of all six judges in the Appeal Court. The court had ruled that the King had no constitutional mandate to override parliament by issuing his own decrees. In a report running for more than 50,000 words, Amnesty International looked back to the years 2002 and 2003 and identified activities of Dlamini that included the repeated ignoring of court rulings, interference in court proceedings, intimidating judicial officers, manipulating terms and conditions of employment to undermine the 172

independence of the judiciary, the effective replacement of the Judicial Services Commission with an unaccountable and secretive body (officially known as the Special Committee on Justice but popularly called the Thursday Committee), and the harassment of individuals whose rights had been upheld by the courts. Today (15 May 2012), the Times of Swaziland, the only independent daily newspaper in Swaziland, publishes a fulsome tribute to Dlamini running over several pages. In one headline it says, He is not the tough man that people think he is. Another headline says, We need more people like the PM. Times publisher Paul Loffler, is on public record saying Swaziland does not need democracy. THE FUTURE FOR DEMOCRATIC SWAZILAND? The fallout between factions in the Swaziland prodemocracy movement has thrown into relief the disagreements over their objectives for the future of the kingdom. The Peoples United Democratic Movement (PUDEMO) has indefinitely suspended the Swaziland Solidarity Network (SSN) after the SSN criticised PUDEMOs leadership in the struggle for democracy. In very broad terms SSN supporters seek a republic in Swaziland, where at present King Mswati III rules as sub-Saharan Africas last absolute monarch. Political parties and most opposition groups are

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banned in Swaziland. SSN supporters want the monarchy abolished and replaced by a Communist-led state. Other groups, including PUDEMO, have not been so explicit. There are many different organisations wanting democracy in Swaziland, but most have not come out for the full republic, neither do they especially want any future state to be dominated by Communists. Nor, are they necessarily demanding the end to the Swazi monarchy. Some favour a constitutional monarchy with the King as head of state, but with reduced political powers. So, what realistically might happen in Swaziland? About 70 percent of Swazis live in rural areas, engaged in subsistence farming of some sort. Their lives are controlled by local chiefs (who are the Kings representative) who allocate land, jobs and housing. Chiefs also decide whether young people will be given scholarships to study at university. In such circumstances ordinary Swazi people are disenfranchised from politics and have little understanding of what democratic reform in Swaziland might offer them. The monarchy has successfully kept people depoliticised and largely unorganised. It controls the media (in some cases, such as broadcasting, formally; in others, such as the newspapers, informally). Intimidation from state police and the army is used to keep the majority of the Swazi population passive. Because of this there is no hunger for revolution in Swaziland and not even much desire for significant change. But, there are pockets of discontent in Swaziland: most obviously in the urban areas among organised labour and students. These 174

people are the ones advocating for change and drawing the worlds attention to King Mswatis undemocratic credentials, his profligate personal spending and the imbalance of wealth in the kingdom. The King reportedly has a personal wealth of US$200 million and holds a trust fund on behalf of the nation, estimated to be as much as US$10 billion. This money is treated by the King as a personal fund to be spent as he sees fit on himself and his family. Meanwhile, seven in ten of the Kings 1.2 million subjects earn less than US$2 a day. It is the obvious discrepancy between the Kings lifestyle, his repression of his subjects and the abject poverty of most of the Swazi people that might eventually put pressure on the monarchy and drive some kind of reform. Swazilands economy is in ruins, brought about by years of mismanagement by successive Swazi governments, handpicked by the King. To survive, Swaziland needs bail-out loans from international banks and help from donor agencies. This help might not be forthcoming without reform. As Swaziland slips further into the mire, and those who previously did well from existing conditions lose out, discontent against the King and his government will surely grow. It is unlikely that King Mwsati and those he has around him would willingly yield total power and there will be no popular revolution to take it away from him. As pressure mounts on the monarchy, the government might try to buy time with King Mswati appearing to commit himself to change. The

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start of this would be the Kings claim to a commitment to dialogue, followed by minor changes, but no yielding of power. Or, in order to ensure that the status-quo is maintained, the government could ignore international opinion and consolidate the Kings position through increased repression. Events in recent weeks suggest that this is the option it has decided to take. SSN FOR A PEOPLES REPUBLIC Yesterday (11 May 2012),I wrote, SSN (Swaziland Solidarity Network) supporters want the monarchy abolished and replaced by a Communistled state. It is true that many supporters do want this, as they are themselves members of a communist party. However, Dominic Tweedie, moderator of the SSN Forum Google Group, is keen to point out that SSN itself does not advocate for a communist-led state. He tells the forum in a post that SSN wants the monarchy replaced by a peoples republic.

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Newsletter 256 25 May 2012

TRADE UNIONIST SPEAKS OF GOVT THREAT A trade unionist visiting Swaziland this week said he felt threatened when a Swazi government minister said he and his colleagues should not be in the kingdom without permission. They were visiting Swazi workers on a fact-finding mission about trade union operations in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. But, Minister of Labour and Social Security, Lutfo Dlamini, said they had no right to be in Swaziland because they had not informed government of their mission. The unionists from the UK and the Netherlands met with public service unions while on a four-day visit to the kingdom, just ended. Commenting to local media on Dlaminis statement, Nick Sieler, Head of International Relations at UNISON, a UK trade union, said, We were shocked by the statement made by the minister. He told the Timesof Swaziland, The ministers statement does not tie up with the freedom of association. He added he perceived the statement as a threat. Sieler said their mission was to strengthen their relationship with the countrys unions, particularly the Swaziland Democratic Nurses 177

Union (SWADNU) and the National Public Service and Allied Workers Union (NAPSAWU). George de Roos, International Officer of Abuavabo trade union in the Netherlands, told the newspaper that in more than 30 years travelling around the world on trade union issues no government had demanded he registered on arrival. See also GOVT WANTS TO VETO UNION VISITS

KINGS TRIP TO LONDON COST US$794,500 The King of Swazilands trip to London for Queen Elizabeths Diamond Jubilee cost the Swazi people at least US$794,500. King Mswati III reportedly took 30 people with him and stayed at the world-renowned Savoy Hotel. The extravagant spending comes just as the International Monetary Fund (IMF) criticised Swaziland for diverting money that should have been used on education and health to other spending. As a result of this spending the IMF withdrew from Swaziland its team that was advising the government on economic recovery. Now, the kingdom will find it impossible to get the loans it needs from the World Bank and the African Development Bank to help rescue the economy. The cost of King Mswatis trip is a state secret, but it has been possible to piece together some of the spending. 178

To fly to London the King had to hire a private plane, despite having received a jet as a gift for his birthday last month. That plane, a McDonnell Douglas MD-87, which cost an estimated US$17 million secondhand, is too small to fly from Swaziland to the UK without stopping at least once on the way for refuelling. So, King Mswati flew in a Bombardier. When he went to the UK last year to attend the wedding of Prince William and Kate Middleton he went in a similar jet. That time the cost of plane hire was reported to be between US$700,000 (E4.7 million) and US$900,000. We can assume it cost more or less the same this time too. The King, who is sub-Saharan Africas last absolute monarch, took an entourage of 30 people with him to the Diamond Jubilee. He stayed at the US$630-per-night Savoy Hotel. Assuming all his party stayed in the same hotel, he ran up a bill of US$18,900 per night. Multiply that by a five-day stay and the total hotel room bill was US$94,500. We can say with some confidence that the combined bill for the flight and the hotel came to at least US$794,500. There would also have been considerable incidental expenses associated with the trip, but it is difficult to cost these. In November 2011, Joannes Mongardini, head of the IMF team in Swaziland, was asked by the BBC whether he thought the King and the Royal family ought to make financial sacrifices to help Swaziland out of its economic mess. He responded diplomatically, We would expect all Swazis to make a sacrifice.

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In the interview Mongardini pointed out that the old and sick were suffering most from the financial crisis in Swaziland. See also TIMES MISLEADS ON KINGS LONDON TRIP SWAZI CENSORSHIP ON KINGS UK TRIP LONDON PROTEST TO GREET SWAZI KING

GAY HATE JOURNALIST UNREPENTANT Qalakaliboli Dlamini, the Swaziland journalist dropped by his newspaper after he attacked homosexuals in his column, has told his editors he is glad he did it and would do it again. And, he says he is ready to launch a public campaign against homosexuals. Qalakaliboli, until last week a regular columnist in the Times Sunday, told them, I want to put it on record that I did write the article and I did state it without fear that I hate homosexuality with every fiber of hair on my body. Given the opportunity I would gladly do it again and I am not at all apologetic for my choice of words. He made his comments in an email sent to Times Sunday editor Innocent Maphalala and Times of Swaziland group managing editor Mbongeni Mbingo.

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Qalakaliboli was indefinitely suspended from the Times Sunday following what Maphalala called an unprecedented number of complaints from readers. The Times of Swaziland readers ombudsman has been asked to investigate a complaint that Qalakaliboli broke the National Association of Journalists code of ethical conduct on hate speech. In his email, which Qalakaliboli copied to a number of people and organisations, including Swazi Media Commentary, he wrote he would stand up against the spread of homosexuality in my country, and which I will do even after I have stopped writing for the Times of Swaziland. He added, I will continue to stand up against homosexuals and if need be, I will run a public anti-homosexual campaign.

POLICE FIRE RUBBER BULLETS AT STUDENTS Swaziland police fired rubber bullets and teargas to disperse students protesting about the lack of equipment at their university. Armed police forced the students from the Limkokwing University of Creative Technology campus, Mbabane, where they had been boycotting classes for the past week. Limkokwing administrators said the university had now been closed indefinitely. Students were protesting about the lack of technical equipment, including computers, laptops and cameras. The university is a private university, based in Malaysia, which opened a campus in Swaziland in 181

May 2011. The Swazi Government pays E16 million (US$2 million) a year for scholarships to the university. Local media reported armed police officers used rubber bullets to disperse the students who were refusing to leave the university premises after they were ordered to do so by management. Students ran from the university when police fired teargas and took cover in a nearby shopping complex, but were forced from there by armed police. There have been numerous complaints and boycotts by students over issues including poor accommodation, non-payment of allowances and non-availability of teachers, since the university first opened. See also STUDENTS UNDER FIRE FROM POLICE KING FELL FOR BOGUS UNIVERSITY LIMKOKWING UNIVERSITY IS ILLEGAL

SWAZILANDS BRUTAL REGIME: AMNESTY (Peter Kenworthy's Stiffkitten Blog) Amnesty International annual report criticises brutal Swazi regime Arbitrary and secret detentions, political prosecutions and excessive force were used to crush political protests, Amnesty International writes about Swaziland in their 2012 annual report on the

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state of human rights throughout the world that was released today [24 May]. Swaziland is an absolute monarchy where all political parties are banned, where the monarch King Mswati III rules by decree and where two thirds of the population survive on under a dollar a day whilst the royal family spend lavishly on luxury items and prestige projects. The Amnesty report focuses at length on mass demonstrations in April 2011 that were brutally suppressed by police and security forces. In April, the government banned protest marches planned for 12 to 14 April by trade unions and other organizations. Arbitrary and secret detentions, unlawful house arrests and other state of emergency-style measures were used to crush peaceful anti-government protests over several days. The treatment of student leader, Maxwell Dlamini, who was detained and tortured during the mass demonstrations (although the torture of Maxwell at the hands of security police is for some reason not mentioned in the report), is held up as an example of the regimes suppression of the democratic movement in April 2011, as is that of (banned political party) Ngwane National Liberatory Congress activist Ntombi Nkosi. Maxwell Dlamini, President of the Swaziland National Union of Students, was detained between 10 and 12 April and held incommunicado without access to a lawyer or contact with his family. The day after his release he was rearrested, along with Musa Ngubeni, a political activist and former student activist leader. They were denied legal access while in police custody and during their hearing at the magistrates court. 183

On 12 April, 66-year-old Ntombi Nkosi, an activist with the Ngwane National Liberatory Congress (NNLC), was on her way home, having received medical treatment after tear gas was thrown at her, when she was confronted by three armed police officers. They questioned her about wording relating to the NNLC on her T-shirt and head scarf and then allegedly grabbed her, pulled off her T-shirt and headscarf and assaulted her. They throttled her, banged her head against a wall, sexually molested her, bent her arms behind her back, kicked her and then threw her against a police truck. A passing taxi driver helped her to get away. The report also clearly points to the fact that the regime has closed of all avenues of dialogue with the democratic movement. The government ignored renewed efforts by civil society organizations to open a dialogue on steps towards multi-party democracy. At the UN Universal Periodic Review hearing on Swaziland in October, the government rejected recommendations to allow political parties to participate in elections.

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JUNE

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Newsletter 257 1 June 2012

BUS STRIKE: UNION LEADERS DETAINED Three trade union leaders were detained by Swaziland police as a public transport strike entered its second day. The three, executive committee members of the Swaziland Transport and Allied Workers Union (STAWU), were locked in a cell all day at Mafutseni Police Station. They were picked up by 15 officers close to their union offices in Manzini, the main commercial city in Swaziland. One of the detained men, Petros Ndzabandzaba, chief negotiator of STAWU, told local media they were on their way to an arranged meeting with police Regional Commander Richard Tsabedze when they were picked up. Transport workers in Swaziland were on their second day of a strike that has brought much of the public transport out of Manzini to a halt. Workers are protesting about being forced to use a new bus rank in Manzini that has led to a reduction in passengers. The Swazi Observer, a newspaper in effect owned by King Mswati III, sub-Saharan Africas last absolute monarch, reported police released the three men without charges after seven hours following a request from the Ministry of Labour and Social Security Minister. 186

STUDENT SHOT IN LEG BY SWAZI POLICE A university student in Swaziland was shot with a live bullet by police following campus disturbances, human rights activists report. The 23-year-old student at the Limkokwing private university in Mbabane was reportedly an innocent victim of the shooting. The Swaziland Solidarity Network (SSN) said, The student was on his way to his dormitory when he was struck by the live bullet in his leg. SSN reported, According to witnesses, one policeman claimed to have been hit by a stone. In retaliation, one of his colleagues let out a shot in the direction of the student who was walking past the police contingent. Linkokwing has been the scene of disturbances for more than a week as students protested against lack of equipment such as computers, laptops and cameras, at the university. Authorities closed the university, but it reopened yesterday, but some students are boycotting classes. The student was taken to hospital were he was treated for his wounds. The Times of Swaziland, reporting the same incident, said the student was hit with a rubber bullet, which was lodged below the knee of his right leg. It said the student bled profusely and the bullet was extracted at the hospital.

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NEWSPAPER COMMENT MUST BE ETHICAL There have been posts on Facebook recently about the standards of newspaper journalism in Swaziland and whether comment writers need to abide by ethical codes. Some people are saying writers of my opinion pieces arent journalists, so the ethical rules that apply to full-time employees of newspapers dont apply to them. This isnt the case. The word journalist covers a multitude of newspaper tasks and not just news reporting. So, feature writers, opinion writers, photographers, the people who write the headlines, the editors, and so on are all journalists. The term applies to people whether they work fulltime for a media house or only contribute the occasional piece. It doesnt matter if comment writers have day-jobs somewhere else: when they write for the newspapers they are journalists and they are expected to stick to the rules like everyone else. Some Facebook posters also think that comment writers are allowed to say anything they want and it doesnt necessarily have to be true, because its the writers own opinion. That isnt true. Comment writers have to abide by the same laws and ethical codes as anyone else. Take the defamation (libel) law, for example, that protects people from false attacks on their character. Suppose a comment writer says in his column that a person he names was sacked from his job, even though this isnt true. When he is accused of libel its no use him telling the court, It was an honestly-held opinion. It was not true (even if the writer thought it was, but did not check his facts) 188

and he and the newspaper that published the article would have to pay damages to the person libelled. Libel laws differ from country to country, and many of them allow that writers should be allowed to have opinions, but there are limits. If a writer were to be accused of libel, the main defence he might have would be that what was written was fair comment or honestly believed. But, for this defence to succeed, the writer must show that the comment was made without malice or disregard for the truth. The Swaziland National Association of Journalists (SNAJ) code of ethical conduct says something on this. Article 12 on separating comment from facts states, While free to take positions on any issue, journalists shall draw a clear line between comment, conjecture and fact. SNAJ also has this to say about facts. The duty of every journalist is to write and report, adhere to and faithfully defend the truth. A journalist should make adequate inquiries, do cross-checking of facts in order to provide the public with unbiased, accurate, balanced and comprehensive information. So, opinion writers must beware they have no special privileges and must stick to the same rules as all other journalists.

SWAZI QUEENS SHOES COST 3 YEARS PAY It would take seven-out-of-ten Swazis at least three years to earn the price of the shoes trimmed with jewels worn by one of King Mswati IIIs 13 wives at a lunch in the UK. 189

Inkhosikati LaMbikiza, the Kings first wife, wore shoes that cost 995 (US$1,559) to a lunch hosted by the UKs Queen Elizabeth II to mark her Diamond Jubilee, earlier this month (May 2012). Her shoes were described by reporters as a rather eye-catching pair of Pearly Queen-style shoes with feathery pom-poms on the toes and heels. They were trimmed with jewels, sequins and feathers. She also wore a black and white spotted dress with feathery trimmings to match her shoes and a grey clutch bag. The King is regularly criticised in media across the globe for his extravagant lifestyle. Media in Swaziland, where King Mswati is subSaharan Africas last absolute monarch, dare not criticise him. Last week the Times of Swaziland, the only independent daily newspaper in the kingdom, featured a report about LaMbikizas shoes, gushing that she had received rave reviews for her dress sense while in the UK. In Swaziland, seven-in-ten of King Mswatis subjects are so poor they cannot afford shoes of any kind. They earn less than US$2 a day and it would take them at least 779 working days, or three years, to earn the price of LaMbikizas shoes. While more than half of Swazilands 1.1 million population rely on some form of food aid to keep them from hunger, King Mswati has 13 palaces in Swaziland, one for each of his wives; fleets of BMW and Mercedes cars and at least one Rolls Royce. Last month, for his 44th birthday he received a private jet worth US$17 million as a gift. He refused to reveal who bought it for him, leading to speculation that it was paid for out of public funds. 190

The cost of the Kings five-day trip to the UK for the Diamond Jubilee has been estimated to be at least US$794,500.

SWAZILAND LOSES MORE BUDGET SUPPORT The African Development Bank (AfDB) has followed the IMFs lead and withdrawn support for Swaziland. The AfDB will not pay US$100 million (E800 million) budget support due to the kingdom, because Swaziland has failed to tackle problems with its economy. Last month (April 2012), the International Monetary Fund (IMF) withdrew support for the Swazi Governments plan for financial recovery, because Swaziland had failed to reign in public spending and had presented a national budget that took money away from education and poverty reduction and diverted it to other areas, widely understood to include spending on King Mswati III, sub-Saharan Africas last absolute monarch. Majozi Sithole, Swazilands Finance Minister, said this week that the AfDB would not pay the annual E800 million budget support it had promised over three years because the government had not met targets it agreed with the IMF. Sithole said that the government was now hoping to reduce its annual public service salary bill by E300 million, but he said this would be difficult as the government had already failed in a previous attempt to cut it by E241 million. The Swazi Government would have received a letter of 191

comfort from the IMF if it had been able to control its economy, thereby enabling it to get loans from the AfDB and the World Bank.

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Newsletter 258 8 June 2012

SWAZI TEACHERS VOTE FOR STRIKE Teachers in Swaziland have voted to strike indefinitely from next week, almost certainly closing down schools in the kingdom. A total of 98.7 percent of Swaziland National Association of Teachers (SNAT) members who took part in a vote opted for a strike. The strike for a pay increase of 4.5 percent is due to start on 13 June. A previous strike intended for 9 and 10 May had to be called off after teachers failed to vote to support it. Principal Secretary of the Swaziland Ministry of Education and Training Pat Muir said there was little government could do about the strike if all the proper channels had been followed.

MASS CANING VIOLATES HUMAN RIGHTS Save the Children Swaziland condemned teachers for beating all the children at a school after one pupil made a noise in assembly. It said the school violated their human rights. The mass caning happened at Lusoti Primary School. Parents have now asked the Ministry of Education and Training to investigate.

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The Times of Swaziland newspaper reports that all pupils from the first to senior grades were beaten while at assembly, even though the child who made the noise was identified. The schools principal, Khanyisile Shongwe, confirmed to the newspaper the incident happened. The pupils were also reportedly made to stand under the scorching sun for an hour and ordered to sing and some pupils collapsed as a result of this. Dumisani Mnisi, director of Save the Children Swaziland, said the way the corporal punishment was administered was unacceptable. He said it violated the human rights of the children. There is a long history in Swaziland of the use by teachers of unusual forms of punishment in Swazi schools. In October 2011, Save the Children told the United Nations Human Rights Periodic Review held in Geneva that corporal punishment in Swazi schools was out of control. It highlighted Mhlatane High School in northern Swaziland where it said pupils were tortured in the name of punishment. It said, Teachers can administer as many strokes [of the cane] as they desire, much against the limit stipulated in the regulations from the Ministry of Education. In a separate case, girls at Mpofu High School are flogged by teachers on their bare flesh and if they resist they are chained down so the beating can continue. They say they get up to 40 strokes at a time. In another case, a 10-year-old girl at kaLanga Nazarene Primary school was blinded for life in her left eye after a splinter from a teachers 194

stick flew and struck it during punishment. And she was not the child being punished. She was injured when her teacher was hitting another pupil, with a stick which broke. Another pupil in Swaziland was thrashed so hard that he later collapsed unconscious and had to be rushed to a clinic. Six pupils at Mafucula High school were thrashed with 20 strokes of a small log because they were singing in class. It was reported that the boy who became unconscious was not one of those misbehaving, but he was flogged nonetheless. The principal at Elangeni High, even publicly flogs adults who date pupils at his school. The men are forced to attend in front of the entire school, lie down on a bench and receive a whipping. The girls are also flogged. See also SWAZI SCHOOL TORTURES STUDENTS CHILDREN CHAINED AND FLOGGED BARE PROBE VICIOUS SCHOOL BEATINGS SCHOOL FLOGGINGS OUT OF CONTROL SCHOOL HEAD PUBLICLY FLOGS ADULTS

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HOMOPHOBIA ON INCREASE (Peter Kenworth's Stiffkitten blog) The abuse is escalating. Recent cases of criminalization of same-sex relationships have worsened a situation already characterized by harassment, humiliation, extortion, arbitrary arrests, judicial violence, imprisonment, torture, hate crimes and honour killings on the grounds of sexual orientation and gender identity all over Africa, says a new report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). Over the past ten years, the focus on equal rights, law reforms, community cohesion, diversity, families and migrations for lesbian, Gay, Bisexual, Trans and Intersex (LGBTI) Africans has gone from bad to worse. The ILGA report gives several recommendations on how to improve the situation for African LGBTI people, including legal and policy reform to reinforce same-sex relationships, education programmes to address underlying prejudices, and promoting media training to discourage attitudes of discrimination and stigmatisation. These points are particularly pressing in many African countries where homosexuality is illegal and where LGTBI people are attacked or ridiculed in the press and by politicians. Uganda is a case in point here, due amongst other things to the internationally publicised case of David Kato, a Ugandan LGBTI-rights activist who was brutally beaten to death in 2011 after local newspaper Rolling Stone had called for him and 100 other named and depicted 196

Ugandan gays and lesbians to be executed. Hang them was the title of the article. In Swaziland, a columnist in the countrys only independent national newspaper, the Times of Swaziland, was recently allowed to write hate speech against LGBTI people. Homosexuality or trans-sexuality is an abomination an evil act that must be stopped, he wrote. Swaziland frowns on such satanic deeds I hate homosexuality with every fibre of hair or flesh in my body. Fortunately there was enough outrage towards the author and the newspaper that printed his remarks from right-minded individuals and organisations to make the editor suspend the columnist. Homosexuality is illegal in both Uganda and Swaziland, as it is in many other African countries, and carries a penalty of several years imprisonment. Even South Africa has its fair share of homophobic outbursts and incidences, despite the fact that LGBTI people are protected by 9 of the South African constitution that proclaims, the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including sexual orientation; that same-sex marriages have been legal since 2006; and that homosexual people in major urban areas are fairly accepted according to Queerlife South Africa. President Jacob Zuma called same-sex marriages a disgrace to the nation and to God in 2006 and appointed a homophobic ambassador found guilty of hate speech to Uganda in 2010. Corrective rapes and murder of lesbians is on the rise in the townships. And homosexuals are 197

discriminated against employment-wise, even though the 1995 Labour Relations Act and the 1998 Employment Equity Act nominally protect homosexuals against unfair labour discrimination. So even though being gay in a country like South Africa is preferable to being gay in Swaziland or Uganda, it is apparent that legislation is not enough to ensure equal rights in practice for LGBTI people.

KINGS PUPPET TRADE UNION DENOUNCED Trade unionists and democracy campaigners in Swaziland are angry at an apparent attempt by the Swaziland King and his government to create a puppet organisation to represent workers at the International Labour Organisation (ILO) meeting, presently taking place in Geneva. News is emerging from the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, that an organisation called the Swaziland Workers Economic Empowerment Union (SWEEU) has been formed by Royalist supporters to take the place of TUCOSWA (the Trade Union Congress of Swaziland), a trade union confederation deregistered by the government in April 2012. Activists believe SWEEU has been created so it can attend the ILO in Geneva as Swazilands formal representative of workers in the kingdom. Swazi unionists and democracy activists say TUCOSWA is the only group that should be allowed representation in Geneva. Despite the

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deregistration they believe TUCOSWA is the legitimate representative of Swazi workers. The Swaziland Diaspora Platform (SDP), a prodemocracy activist group, said SWEEU made a formal application to the ILO for recognition, but it was turned down. In a statement, SDP said it was in disbelief that the Swazi government had tried to ensure its puppet trade union attended the ILO conference. In the UK, Brendan Barber, general secretary of the Trade Union Congress (TUC), said, This latest risible attempt to prevent the voices of ordinary Swazis from being heard will be rejected by everyone who believes in democracy and workers rights. The Swaziland Democracy Campaign (SDC) called the SWEEU, a mysterious organisation comprised of completely unrepresentative stooges who have been in secret talks with the regime for some time. TUCOSWA was registered by the Swazi Government in March 2012 but deregistered within weeks after TUCOSWA announced it would be campaigning against holding the 2013 national elections, because all political parties and opposition groups are banned in Swaziland and cannot take part.

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Newsletter 259 15 June 2012

ARMY FIRE AT OPPOSITION LEADER'S HOME Swaziland soldiers sprayed the house of the kingdoms main opposition leader with bullets in what prodemocracy activist believe was a planned attack. The home of Mario Masuku, President of the banned Peoples United Democratic Movement (PUDEMO), at Makhosini near Nhlangano was hit by bullets fired by members of the kingdoms army, known as the Umbutfo Swaziland Defence Force. The bullets riddled the structures but members of Masukus family who were inside at the time were not injured. Masuku himself was not at home. Masukus home is situated over 200-300 metres away from a road, but the local Swazi media say the house was reportedly hit by accident. Soldiers were said to have been chasing and firing at car smugglers. Zakhele Mabuza, spokesperson for PUDEMO, said, We dont want to believe this was a mistake but it was something done deliberately and those who did this had a motive.

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The Army told the Times of Swaziland it had no record of the incident, but Swazi police confirmed receiving a complaint about the incident. Masuku has been a target of the Swazi government in the past. In September 2009 he was found innocent of making statements at a rally to incite people to terrorism by the Swaziland High Court after spending 10 months in jail on remand. The court threw out the case in a matter of hours, saying there was no case to answer. PUDEMO and all other political parties and most opposition groups are banned in Swaziland, where King Mswati III rules as subSaharan Africas last absolute monarch. See also SWAZI STATE STANDS HUMILIATED

SWAZI RIOT POLICE SHOOT GIRL, 9 Two Swaziland schoolgirls, one aged nine, have been shot by state police in separate incidents during a teachers strike in the kingdom. The nine-year-old, a grade five pupil from St Andrews Primary in Malkerns, 30 km outside the commercial city of Manzini, was shot and wounded in the leg by state police today (14 June 2012). The Centre for Human Rights (CHR), Swaziland, reports, The shooting came as hundreds of students from surrounding schools were chased and beaten by state police armed with teargas, guns and batons. 201

This was on the second day of a nationwide strike by teachers seeking a 4.5 percent pay rise. CHR reports, According to students, who declined to be identified, a group of teachers came chanting and toyi-toying into Bosco High School and forced them out of classes. The students claimed even though their teachers were not around, they were continuing with their studies inside their classrooms. A few minutes after the group of teachers had left fully armed members of the riot squad, and personnel from His Majestys Correctional Services budged into the school and fired tear gas canisters into classrooms. The shooting was confirmed by authorities at the St Andrews Primary School. They also confirmed that the young girl was heavily traumatised and had been admitted at Mankayane Hospital. In a separate incident, another schoolgirl, whose age is not reported, was shot in the shoulder by police using rubber bullets. CHR reports the form one pupil, who attends school at St Annes High School, was shot in the left shoulder, and was also injured on the forehead. Her mother told CHR that after the shooting she took her daughter to the local police station where they were given a police report to enable her to go to hospital. They eventually returned home due to lack of transportation. CHR reports, Police brutality was also witnessed during the teachers protest march in the streets of Manzini. At least two members of 202

the Swaziland National Association of Teachers (SNAT) were interviewed by the Centre soon after their injuries. A marshal, Mr Menzi Tsabedze, who was visibly in pain was injured in the leg during a scuffle that ensued between striking teachers and riot police. Mr Tsabedze believes he was hit on the leg with the butt of a gun whilst he was trying to control the crowd, whilst another female teacher bore a visibly bruised and bleeding knee; an injury she sustained after police tripped her and beat her. At the close of the protest march in Manzini, tear gas canisters were fired, protestors were beaten up by fully armed riot police and personnel from His Majestys Correctional Services.

KING'S FAILED PROMISE COSTS PROF $2m After a plan for a health centre in Swaziland, backed by King Mswati III, failed to materialise, a court has ordered that two South African doctors should receive US$1.2million (R10 million) each in compensation after a contract they signed fell through. King Mswati had promised them that R3.2 billion in donor funds would be available to build a health centre, but the money did not come. Prince Mangaliso Dlamini was project manager of the scheme. Frans Whelpton, a professor at the University of South Africa (UNISA), convinced two medical doctors Reynhardt van Rooyen and Johannes Kok to be involved in the project.

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The Pretoria News reported that the two gave up their medical practices in 2003 to devote themselves to the scheme. Pretoria High Court was told that Whelpton told Kok about the project when he went to him for a medical check-up. He told Kok that Swaziland planned on developing the health care project and that he had been appointed to handle the implementation. King Mswati III and his family were at that stage patients of Van Rooyen. As Whelpton knew this, he said it would be a good idea for the two doctors to become involved in the project. The Pretoria News reported that the doctors and Whelpton met on various occasions and the professor presented the doctors with various letters, including one signed by Prince Dlamini in his capacity of project manager of the programme. This was to prove that the programme was a reality. The doctors said they were also told that an amount of R3.2 billion was made available to Swaziland for this from certain donors funds and that this money would be deposited in Swazilands central bank. This was due to happen as soon as Swazilands new constitution was accepted by the Swaziland parliament. The doctors said Whelpton told them that for their help in the planning and development of the programme, they would receive three percent of the amount, which worked out at R160m over a three-year period.

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The doctors said the king assured them the new constitution would be accepted by March 2004, where after the donor funds would be made available. The doctors started to wind down their medical practices in January 2004, although none of the donor funds had been paid and Swazi constitution had not been approved by parliament. The Pretoria News reported Whelpton wanted to ensure that the doctors did not suffer financial loss while winding down their practices and suggested that he would loan each R10m. He, however, did not have the money available at the time and planned to pay them from money he was due to receive for work which he had done for the Swazi Government. Whelpton was due to receive millions from the UN for research he had undertaken regarding the Swazi common law. A written loan agreement was signed between the parties on January 22, 2004, in which Whelpton undertook to loan the doctors R10m each. Whelpton was not able to pay them, as he was waiting to be paid by the Swazi Government. Judge JW Louw said it was clear that there was a binding contract between the parties and that the doctors were entitled to the amount promised to them by Whelpton in terms of the loan agreement. See also MYSTERY MAN IN KINGS JET SAGA FOUND

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OPPOSITION TO SWAZI ELECTION GROWS Opposition to next years national election in Swaziland is growing. Elections are held every five years and the next is due in 2013. But prodemocracy activists in Swaziland have been calling for a boycott. All political parties are banned and many opposition voices are silenced in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. The latest call came from participants at a Peoples Parliament organised by the Swaziland Coalition of Concerned Civic Organisations held in Manzini at the weekend. About 2,000 people from across Swaziland agreed to campaign for an election boycott. They also want the system of government to change. At present the Swaziland Parliament has few powers. Of the 65 members of the House of Assembly, 10 are chosen by the King and 55 are elected by the people. In the senate, King Mswati chooses 20 of the 30 places. The other 10 are chosen by members of the House of Assembly. None are elected by the people. The Commonwealth Expert Team (CET) that monitored the last Swazi election in 2008 was so unhappy with the system that it advised Swaziland to look again at its constitution, to ensure that there was full consultation with the people, civic society and political organisations. The Pan-African Parliament (PAP) also denounced the poll because political parties were not allowed to take part.

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The European Union refused to send a team to monitor the elections because it could not see the point since it said the elections were obviously not free. After the poll, Swazilands Elections and Boundaries Commission reported allegations of widespread bribery, treating, threats of violence and cases of candidates unlawfully holding voter cards. See also SWAZI UNION TO BOYCOTT ELECTIONS

VIOLENT DEATH IN SWAZI POLICE CELL A man has died of head injuries while held in a police station in Swaziland. He is said to have repeatedly hit his head against the wall of his cell. Sihle Bhembe, aged 26, was taken to the old Mbabane Police Station, after becoming disturbed at his home. His family say he had a history of emotional problems.He was kept in a holding cell at the police station for three days from last Thursday (7 June 2012). His body was discovered on Saturday morning. Bhembes family told the Times of Swaziland they had been told he repeatedly hit his head against the wall. They have called for an independent pathologist to examine his body as they suspect foul play in his death. The family told the newspaper they were not called by police to examine the body after the death occurred. 207

They also questioned how police did not hear Bhembe banging his head against the wall, as the holding cells at the police post are close to the reception where there is an on-duty police officer.

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JULY

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Newsletter 260 13 July 2012

POLICE ATTACK STRIKERS: SCORES INJURED Scores of people were injured, some seriously, by police in Swaziland who fired rubber bullets and tear gas and used batons to attack striking public servants. At least 13 strikers were taken to hospital, eight with wounds caused by rubber bullets. More than 200 police officers attacked strikers in Coronation Park, Mbabane, the Swazi capital, as they prepared to march in support of a 4.5 percent wage increase. Members of the National Public Service and Allied Workers Union (NAPSAWU) were on strike for the day, joining teachers who have been on an indefinite strike for more than two weeks. Police imprisoned the strikers in the park for most of the morning yesterday (11 July 2012) and refused to allow them to leave for a march through the city. At about 2pm some strikers tried to leave the park to get lunch. It was then that police commanders ordered officers to fire rubber bullets and teargas at the strikers. The public sector strike had been permitted by the kingdoms industrial court, but police said a march had not been sanctioned by the city council. Freedom of assembly and the right to protest are severely

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limited in Swaziland, which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Swazi police routinely attack protesters with tear gas and rubber bullets. Last week striking teachers were their latest victim. See also WAVES OF STRIKES ACROSS SWAZILAND

POLICE SHOOT AND KILL MENTALLY ILL MAN Swaziland police shot a mentally disturbed man seven times, killing him, and later claimed they had to do it because he had threatened them. Mduduzi Mngometulu, aged 34, was killed after police were called to a disturbance at his home at Lubulini. Mngometulus family said they had trouble controlling him and asked for police assistance in getting him to a hospital. When police arrived Mngometulu was seen dancing, praying and waving a bush knife. Enock Mngometulu, Mduduzis father, said his son had not threatened anyone with the knife. Enock Mngometulu told local media the family witnessed the shooting. The police just opened fire on my son. All he had in his hand

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was a bush knife and he was not threatening to harm anyone. They shot him in cold blood, in front of his family. He said his son did not pose a threat to the people present. He added, To us it looks like murder. We watched as the police officer shoot at my son until he fell to the ground. A post-mortem later revealed Mngometulu had seven bullets in his body with four wounds in the stomach, one in the leg and two bullet wounds on the left side of the chest. Swazi police spokesperson Supt Wendy Hleta said Mngometulu was violent and had threatened the police who eventually shot him dead. In his state, he had become a violent man, and threatened to assault the police officer who eventually shot him. The killing is one of a number of police shootings in Swaziland that have raised questions about whether police have a shoot-to-kill policy when dealing with suspects. Last month (June 2012) there was public controversy after police shot dead a suspected serial rapist called Scarface. Police claimed they shot him in the thigh to stop him escaping arrest, but it was later revealed Scarface had been shot in the head.

GOVT FAILS TO JAIL STRIKE LEADERS The Industrial Court in Swaziland has refused to allow the government to jail the entire executive of the teachers union for leading a pay strike.

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The Swazi Government had previously gained an order at the same court outlawing a strike over a 4.5 percent pay claim. But, some members of the Swaziland National Association of Teachers (SNAT) went ahead with the indefinite strike. For the past week the strikers have been visiting schools where some teachers continue to work to persuade them to join the strike. The government claimed the SNAT was in contempt of the court order and wanted the entire executive of SNAT jailed for 30 days. But, the Industrial Court ruled the government failed to prove that the SNAT executive were behind the strike. It also said government had failed to show that there was an urgent need to have the court rule on the matter. Police have been using teargas and rubber bullet against striking teachers and school pupils who support them. See also GOVERNMENT WANTS STRIKE LEADERS JAILED POLICE FIRE RUBBER BULLETS AT PUPILS STRIKING TEACHERS WILL BE ARRESTED

DENMARK WANTS TOUGH MEASURES (Peter Kenwrorthy's Stiffkitten blog) Danish Development Minister worried about Swaziland 213

I fully share your concern about the human rights situation in Swaziland, Danish Minister for Development, Christian Friis Bach replied last Thursday to a letter from Danish NGO Africa Contacts chairperson, Signe Borker Bjerre that conveyed the message of the Swazi democratic movement for tougher measures against the Swazi regime. Friis Bach also maintained that Denmark is acting on this concern. Even though Denmark is not officially represented in Swaziland, we make sure that our voice is heard in the European Union, through which we pursue an active foreign policy in relation to Swaziland. According to Friis Bach, the European Union is considering taking action against Swaziland for its many recent human rights violations. During a conversation with European Union Commissioner for Development, Andris Piebalgs, on May 28, I raised the issue of the worrying human rights situation in Swaziland. The Commissioner shared my concern and said that he was considering what action the EU should take. Friis Bach even reflected on whether or not the European Union should suspend development aid to Swaziland. Your call for the suspension of European Union development aid to Swaziland needs to be considered carefully. On the one hand we want to pressurize the Swazi government, but on the other hand we wish to be able to help secure the basic rights of the rural population and support initiatives that promote good governance. 214

CHURCHES WANT INQUIRY INTO KILLINGS Churches in Swaziland want an independent inquiry into the police killing of the alleged rapist Bhekinkhosi Scarface Masina. They also want the deaths of two other people, possibly at the hands of the police, to be investigated. The Council of Swaziland Churches wants the independent inquiry to be wide ranging and involve police, politicians, the church and civil society. The call was sparked by the police killing of Masina while he was allegedly resisting arrest. Police say they shot him in the thigh and Masina died of his injuries. Later a Swazi newspaper said its reporter had seen Masinas body and it had a bullet wound to the head. The other two cases the Swaziland Churches wants investigated involve Sihle Bhembe and Vamile Gumbi. Bhembe died in a police station cell after police say he repeatedly hit his own head against a wall. Gumbi died after being interrogated at a police station. All deaths occurred over a space of three weeks. In a statement, the council said it was concerned that the three deaths happened in the custody of the police, or just after they had been taken in for questioning, over the course of three subsequent weeks and it is imperative to ascertain the circumstances leading to the deaths. The council also called upon churches to resolutely defend the rights of defenceless and marginalised people in Swaziland.

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It also wants the Swazi Government to introduce police training so officers can conduct their duties to international standards and with regard to the human rights of Swazi people. See also POLICE SHOT ACCUSED RAPIST IN HEAD POLICE KILL SUSPECT IN COLD BLOOD NEW DOUBTS OVER POLICE KILLING

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Newsletter 261 20 July 2012

STRIKING TEACHERS TO BE SACKED The Swaziland Government is threatening to sack all striking teachers unless they return to work. Teachers have been on an indefinite strike for the past month. They have been joined by public servants and nurses. Minister of Education and Training, Wilson Ntshangase, told the Swazi Parliament yesterday (18 July 2012), that any teacher who was absent from work for more than three days running with no valid reason could be lawfully sacked. He said this law would be used against striking teachers if they did not return to work on or before 24 July. Teachers are striking for a 4.5 percent pay increase. Their peaceful protests have been met with violence from state riot police in the kingdom ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Ntshangase told parliament, The striking teachers have become too volatile. Its no longer about a 4.5 per cent salary adjustment, its about something else. Strikers have also been protesting about the way the government handles the economy, which is in freefall. 217

The Government has already announced it will stop salary payments to striking teachers from this week. Minister of Labour and Social Security Lutfo Dlamini, told the House of Assembly that the strike was illegal. POLICE SEAL PARLIAMENT FROM PROTEST Heavily-armed state police sealed of the Swaziland parliament to stop protestors delivering a petition. About 1,000 parents and teachers were stopped 500m from parliament yesterday (18 July 2012) and told they could go no further. They were calling on the Swazi Government to find a solution to the indefinite teachers strike over pay that has been going on for a month. They also want parliament to pass a vote of no confidence in the government; scrap the recently introduced 14 percent Value Added Tax; and scrap circular No. 1, an order that allows government ministers and parliamentarians inflated financial benefits. Teachers, civil servants and nurses are on strike in Swaziland, ruled by King Mswati III, sub-Saharan Africas last absolute monarch. They want pay rises of 4.5 percent. Strikers have endured rough treatment from Swazi police who have used rubber bullets teargas and batons to attack peaceful protestors. The Centre for Human Rights, Swaziland, said, The ongoing series of protest marches and strikes have crippled the education system as no lessons have been offered in public schools country wide in the past month. 218

The state responded by bringing contempt of court proceedings against leaders of the teachers union SNAT (Swaziland National Association of Teachers), seeking their incarceration in jail for a period of 30 days. The matter is still in court. The economic crisis, education crisis, and other social ills currently gripping Swaziland have begun to have telling effects on other sectors of society as well. In a two-day protest action that ended yesterday by public transport operators in the city of Manzini, police shot an innocent bystander, Bonginkosi Mkhonto, in the stomach for watching protesting transport operators. Other incidents of police brutality were reported during this protest action. The public operators protest action came after a public bus driver was fined R4800 by a court, when police refused to let him pay a R60 on-the-spot fine. Ever since the public service strike actions began, several innocent civilians have been butchered by state security forces. Tear gas, sjamboks, rubber bullets, fists and other weapons have been used on school children as young as nine. In other incidents, school children were made to do push up and carry stones as a form of punishment by trigger happy state police officers. In most of these violent situations, the state police often claim they were provoked, hence the decision to unleash violence on unarmed peaceful protestors. To date, there is no record of members of the security officers who have been prosecuted for violating human rights. 219

The Centre added, It is worth noting that Swaziland is party to a number of African Union and United Nations human rights instruments, including the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (CCPR). Peaceful protests are also protected by the countrys 2005 constitution, yet police continue to violate human rights with impunity. See also NURSES JOIN PUBLIC SECTOR STRIKE POLICE ATTACK STRIKERS: SCORES INJURED

POLICE SHOOT INNOCENT BYSTANDER Swaziland police shot an innocent bystander in the stomach with a rubber bullet as they attacked a protest of transport workers. Bonginkosi Mkhonto was rushed to hospital with the bullet lodged in his ribs. He was not part of the protest but was caught up in a confrontation involving police at the bus rank in Manzini, Swazilands major commercial city. Transport workers were striking following the conviction of a kombi driver who was fined R4800 (US$685) for a traffic offence which normally carries a spot fine of R60 (US$8.50). The protest is taking place alongside strikes involving teachers, nurses and public servants over a 4.5 percent pay claim.

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The Centre for Human Rights, Swaziland, reported that several other people were injured by police who were seen ransacking the Manzini bus rank in an attempt to arrest protesting transport operators. The Centre said, Several protesters and pedestrians have been arrested by the police who are going for any person they suspect to be taking part in the on-going protest action. The police fired teargas all over the town as a result harming vendors and other people in the town. Scenes of violent police have been observed all over the town as police beat up protesters using batons and fists.

SWAZIS DIED OF HUNGER, SAYS MP People in the Swaziland lowveld have died of hunger, a member of the Swazi Parliament has reported. Nkululeko Mbhamali, Matsanjeni North MP, said hunger was rife in his constituency and some people had died at Tikhuba. Crops have failed this year due to poor rains. Mbhamali said a food-for-work scheme organised by World Vision that was supposed to distribute food supplied by overseas donors had not been implemented properly and many people were not receiving food. Mbhamali told local media that people had to prove to World Vision that they were eligible for food, but this was difficult for them to

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do because they lived in rural areas and could not make the journey to be interviewed by officials operating the scheme. Mbhamali told the Weekend Observer newspaper, I dont know what Ill do now that people are dying. There was this feeling that MPs had a campaigning urge by giving out food to constituencies but the reality is that people are dying. They call us demanding the food-for-work programme but World Vision is still busy making studies. Matsanjeni South MP Qedusizi Ndlovu also told the newspaper that wherever he went people begged him for food. Hlane MP Mduduzi Magagula said the food-for-work programme, which relied on community projects to provide employment, was operating in his constituency, but added some elderly people who cannot work due internal health problems were not eligible because they were considered non-vulnerable. Samkeliso Dlamini, director of the national disaster management agency, under the office of the Deputy Prime Minister, said he knew nothing about deaths from hunger. SWAZI POLICE 'SHOOT-TO-KILL' (By Richard Rooney, Pambazuka News) Swazi police shoot-to-kill victims mount up Police in Swaziland have shot dead a number of suspects recently in what appears to be a Shoot-to-Kill policy. Last month a serial rapist suspect Bhekinkhosi Masina, popularly known as Scarface, was shot by police as they cornered him for arrest. 222

Police say they only shot him in the thigh and he unexpectedly died of his injuries. The Times of Swaziland newspaper later revealed he had been shot six times, including in the head and back. Since then it has been revealed that in a separate incident, a mentally ill man, Mduduzi Mngometulu, aged 34, was shot seven times by police and died of his injuries. He had four holes in his stomach, one in the leg and two bullet wounds on the left side of his chest. The mans family said they had called police to help them get him to hospital for treatment. Police later said they had to defend themselves from the man. His family told local media they believe the police murdered him. Mduduzis father, Enock Mngometulu, said the family witnessed the shooting. The police just opened fire on my son. All he had in his hand was a bush knife and he was not threatening to harm anyone. They shot him in cold blood, in front of his family. He said his son did not pose a threat to the people present. He added: To us it looks like murder. We watched as the police officer shot at my son until he fell to the ground. These are not isolated incidents in Swaziland where police have a growing record of killing or maiming suspects before arrest. The cases have largely gone unreported outside of the kingdom itself. In one example, police executed a suspect, Thabani Mafutha Dlamini, at Nkwalini in Hlatikulu in the presence of his colleagues and home boys in what local media called cowboy style. The Swazi Observer

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newspaper reported the incident in December 2011 saying: Police had previously warned the mother of the dead man to budget for funeral expenses as they intended to remove him. He was said to be on a police wanted list. Dlamini was unarmed. The Observer added: The gunning down of Dlamini has sparked anger not only from his family but also a number of residents, who were calling for a probe to establish if it was necessary for the trigger happy police officers to kill him. In a separate case in February last year, a Swazi policeman shot Mbongeni Masuku, described in media as a Form IV pupil, in the head in what was later described as an execution-style killing. The killing happened outside a bar in Matsapha, an industrial town in Swaziland. Masukus uncle Sigayoyo Maphanga said Mbongeni had been dragged out of his car by police. He told the Swazi Observer, a policeman whom he named, shot my nephew at the back of the left ear and he fell on the ground with blood oozing from his mouth and ears. We were all shocked and angered by such brutality from police officers. In a separate case in May 2011, Mathende Matfonsi was shot dead by police while he was attending a field of dagga, inside the remote forests of Lomahasha near the border with Mozambique. His family accused the police of cold-blooded murder. Matfonsi was shot dead at Ebhandeni, the same area where Nkosinathi Khathwane had previously been shot dead by soldiers at night.

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The police told residents that Matfonsi fired at them and they shot back. The family said he was unarmed. In March 2010, police shot a man as he was trying to surrender to them. This time the victim, Mncedisi Mamba, did not die. His mother, Thoko Gamedze, said Mamba had his hands up and was surrendering to police, but they shot him anyway. She said he was not running away nor was he fighting. She said: All the bullets were shot from the front, this shows that the police were just out to hurt, not to arrest him. She added: He was not armed and he raised his hands to show that he was not fighting nor running away from the police but willing to cooperate. It is not only crime suspects who get shot. Legitimate protestors are also targets. In February 2012, a woman at a protest march in Siteki, called by vendors and transport operators over plans by the town hall to move the local bus rank, was shot in the hand as she walked away from police. Reports said she was only 2m away from police when they fired. Police in Swaziland also shoot innocent bystanders. In May, a student was shot in the leg by police as they tried to break up a protest at the Limkokwing private university in Mbabane. The 23-year-old was not part of the protest and was caught in crossfire, according to human rights activists in the kingdom. Police officers seem to be able to carry out killings unhindered in Swaziland, a small state landlocked between Mozambique and South Africa. Abuses of human rights in the kingdom, ruled by King Mswati III, sub-Saharan Africas last absolute monarch, are well documented. All 225

political parties are banned and freedom of assembly is severely curtailed. When legally-sanctioned public demonstrations do take place, police routinely fire rubber bullets and teargas at protesters. Police and security forces are often used by the state to suppress dissent. Police have been known to break up legitimate public meetings, acting on their own initiative and without court orders, if they suspect topics of a subversive nature are being discussed. The draconian Suppression of Terrorism Act 2010 makes any form of opposition potentially illegal. Human rights organisations, including Amnesty International, have reported that police also routinely torture suspects they have arrested for questioning on criminal matters. Despite complaints from the press, public and human rights activists, no police officers have been called to account over the killings. Police say that they are obliged to kill suspects in order to protect themselves from attack. No independent inquiry has ever been held into police killings. One legal expert in Swaziland believes the Swaziland Constitution of 2005 might allow police to enforce a Shoot-to-Kill policy. Jackson Rogers, who writes the Swazi Bill of Rights blog, reports that s15 of the constitution states deadly force that is reasonably justifiable and proportionate in the circumstances of the case may be used among other reasons, in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or in order to prevent the commission by that person of a serious criminal defence. 226

Rogers says the tendency of the section is to make police believe they have a licence to kill. The Swaziland Human Rights and Public Administration Commission takes a different view of s15 of the constitution. In 2010, following a spate of police shootings, the commission chair Rev. David Matse pleaded with the police and army to consider the law before shooting at suspects. He said even if a person is escaping from lawful custody, other means of arresting that person can be attempted before the suspects life is considered expendable. When it has been necessary to take life, let there be proof that all other remedies were exhausted and that there was no other alternative, he said.

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Newsletter 262 27 July 2012

LAVISH-SPENDING KING TALKS ON POVERTY In the week that it was revealed that three of his 13 wives are to take a multimillion-rand shopping trip and vacation to Las Vegas, King Mswati III of Swaziland has publicly said leaders have a duty to liberate people from poverty. It was reported across the world (but not in Swaziland where media are censored) that the Swazi Queens would be part of a group of 66 people travelling to the United States where they will stay in 10 luxury villas at a cost estimated to be about R1,2 million. They will reportedly fly by private jet at a possible cost of R36 million (US$4.6 million). Although seven in ten of his subjects live in abject poverty, earning less than US$2 a day, King Mswati, who is sub-Saharan Africas last absolute monarch, spends lavishly. He has 13 palaces, one for each of his wives, and fleets of BMS and Mercedes Benz cars. In April this year he received a private jet as a birthday gift. The Swazi Government that he handpicks said the plane was donated by an overseas well-wisher, but refused to name who it was, leading to speculation that it was bought from public funds. This week in Windheok at a state banquet hosted by Namibian President Hifikepunye Pohamba, King Mswati said there was different struggle today to liberate people. It is the struggle to liberate our people 228

from poverty, disease and economic stagnation. I truly believe that if we combine our efforts to sweep this struggle away from our doorsteps, we will succeed in emancipating our people socially and economically. In Swaziland political parties are banned and any form of public dissent is squashed by the Kings state forces. However, in his speech the king praised the freedom fighters that had emancipated Namibia. We congratulate and salute those brave men and women who fought for the liberation of this great nation. We all know that lives were lost but they were fighting for a just cause, the Swazi Observer, a newspaper that the king in effect owns, reported him saying. See also NO SACRIFICE FROM KING MSWATI

SWAZI QUEENS OFF ON SHOPPING SPREE Democracy advocates in Swaziland are reporting that several of King Mswati IIIs 13 wives are going on a multi-million rand shopping trip and vacation to the gambling capital of the world, Las Vegas in the United States. The Swaziland Solidarity Network (SSN) says three of the wives will be accompanied by an entourage of 55 people. They are expected to stay in 10 villas at the cost of R20,000 (US$2,400) per villa per night.

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SSN reports that a private jet will be used to transport the Royals. They are expected to arrive in Las Vegas on 4 August 2012. Previously, SSN reported that the queens would also be visiting Spain and the United Arab Emirates. SSN said in a statement, The total cost of this trip is unknown. However, similar trips in the past have cost the [Swazi] taxpayer at least R200 million as they will be travelling by a privately hired jet. The trip is not unusual. Every year a party of the kings wives go on a luxury shopping spree. In 2010, a group of the kings wives went on what was described at the time as another multi-million dollar international shopping spree to Brussels in Belgium and London, UK. About 80 other people went on the trip to tend to the needs of the queens. In August 2009, five of King Mswatis wives went on a shopping trip through Europe and the Middle East that cost an estimated US$6 million. At the time media in Swaziland were warned not to report on the trip because it would harm the kings reputation. Media houses were told they would face sanctions, including possible closure, if word got out. But newspapers and websites across the world followed the story. The Times of London, for example, reported how the queens went on a shopping spree while the subjects of King Mswati, sub-Saharan Africas last absolute monarchy, went hungry. 230

The Australian newspaper said the king ignored the Swazi poor and the newspaper reminded readers that Swaziland relied on international aid from the European Union and the United States. The previous year in August 2008 when a group of the kings wives went on a similar shopping spree ordinary Swazi women were so outraged that they took to the streets of Swaziland in protest. King Mswati, rules as sub-Saharan Africas last absolute monarch. Seven in ten people in Swaziland live in abject poverty earning less than two US dollars a day. See also GOVT DENIES QUEENS SHOPPING SPREE

NO SACRIFICE FROM KING MSWATI Dont expect King Mswati III of Swaziland to follow the example of the Spanish Royal family and take a pay cut to help save the kingdoms economy. In Spain, King Juan Carlos and Crown Prince Felipe recently volunteered to have the money they get from the Spanish taxpayers reduced by 7 percent as part of a round of public expenditure cuts introduced by the government. In Swaziland, where King Mswati rules as sub-Saharan Africas last remaining absolute monarch, the government has told public service workers, including nurses and teachers, they must take a 10 percent wage 231

cut because the economy is in a mess. They have also made cuts to social budgets. But, instead of taking their share of the pain, King Mswati and his Royal family have increased the amount of money they take from the Swazi people. In the Swazi national budget introduced in February 2012 King Mswati and his royal family continued to receive E210 million a year from the Swazi taxpayer for their own use. This was the same amount they got in the financial year 2011/12, but was an increase of 23 percent over 2010/11 and a whopping 63 percent compared with what the king took from his subjects in 2009/10. So, while the people of Swaziland, where seven in ten live in abject poverty earning less than US$2 a day, suffer, King Mswati III continues to live life on the hog. Earlier this year he travelled to London to visit Queen Elizabeth II at her Diamond Jubilee and Inkhosikati LaMbikiza, his first wife, (he has 13) wore a pair of shoes trimmed with jewels, sequins and feathers that cost US$1,559 it would take 70 percent of the kings subjects at least three years to earn the price of those shoes. While more than half of Swazilands 1.1 million population rely on some form of food aid to keep them from hunger, King Mswati has 13 palaces in Swaziland, one for each of his wives; fleets of BMW and Mercedes cars and at least one Rolls Royce. In April, for his 44th birthday he received a private jet worth US$17 million as a gift. He refused to

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reveal who bought it for him, leading to speculation that it was paid for out of public funds. The cost of the Kings five-day trip to the UK for the Diamond Jubilee has been estimated to be at least US$794,500. The Spanish are not the only Royals to make a sacrifice. Belgiums King Albert II said in January that he would use part of his salary to help pay for the upkeep on his properties. In the Netherlands, there have been cutbacks to the royals private travel expenses, and the queen paid for maintenance on her private yacht. TROOPS STANDBY TO BREAK STRIKES The army in Swaziland is on standby to break the public sector strikes that have gripped the kingdom for more than a month. Commissioner of Police Isaac Magagula said soldiers would be available to help workers who wanted to go into work to defy the strike. The government had already said it would sack any striker who did not return to work by today (24 July 2012). Now the police commissioner has warned that troops will be on hand to ensure the safety of people wanting to go back to work. Teachers and public service workers are on strike for a 4.5 percent salary increase. Over the past weeks Swazi police have attacked peaceful protestors with teargas, rubber bullets and batons in an attempt to stop them gathering and marching.

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Strikers have also been voicing concerns over the lack of democracy in Swaziland, which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Magagula met with senior army personnel at the weekend and later told a press conference soldiers and members of the kingdoms correctional service would be deployed to maintain law and order and to safeguard [workers] safety. In particular, to ensure that they are not harassed and intimidated in anyway. He also banned works from trying to go into workplaces to explain the reasons for their strike. He said anyone who did so would be met with the full extent and might of the law. National Public Service and Allied Workers Union Secretary General, Vincent Dlamini, said the involvement of soldiers is unacceptable as the civil servants are not fighting with anyone, but want what is due to them. See also STRIKING TEACHERS TO BE SACKED POLICE SHOOT INNOCENT BYSTANDER POLICE ATTACK STRIKERS: SCORES INJURED

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COURT FORCES NURSES BACK TO WORK Nurses in Swaziland have been forced to abandon their strike over pay after the Industrial Court ruled it was illegal. The court supported a government application to declare the nurses were unable to strike as they provided an essential service. It is illegal in Swaziland for such workers to strike. Nurses called a two-day strike this week to support a claim for a 4.5 percent pay rise. They joined teachers who have been on indefinite strike for more than four weeks and public servants who joined last week. The strikes have been met with force by police in Swaziland which is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. As well as demanding more pay strikers have been drawing attention to the lack of democracy in the kingdom and calling for parliament to pass a vote of no confidence in the government. See also NURSES JOIN PUBLIC SECTOR STRIKE

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AUGUST

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Newsletter 263 3 August 2012

TEACHERS MARCH ON MINISTRY Teachers in Swaziland are marching in the streets of the capital Mbabane today (3 August 2012) following their successful court action to stop the government sacking striking teachers. The Industrial Court ordered the immediate reinstatement of the fired teachers and the restraint of government from continuing with the dismissals. The court ruled that the government did not follow legal procedure before firing the striking teachers. The Centre for Human Rights, Swaziland, reports that close to 200 teachers are singing and chanting struggle songs as they march from the Industrial Court to the Ministry of Education. They want to deliver a petition calling on the Swazi Government to stop further sackings and to hold talks with the teachers. The teachers were fired for participating in a strike for a 4.5 percent salary increase. See also GOVT SACKS TEACHERS STRIKE LEADERS POLICE ON STREETS AS STRIKE GOES ON 237

NEW RADIO CENSORSHIP RULES RELEASED Radio in Swaziland is to be banned from broadcasting news and information that does not support the governments own agenda. All radio in the kingdom, except one Christian station that does not broadcast news, is state-controlled and already suffers from high levels of censorship. Now, in advance of national elections due next year, the government has barred all coverage of events, except those authorised by relevant authorities. New guidelines released this week, also bar public service announcements unless they are in line with government policy or have been authorised by the chiefs through the regional administrators or deputy prime ministers office. The guidelines say the radio stations, which fall under the control of the Swaziland Broadcasting and Information Service (SBIS), cannot be used for purposes of campaigning by individuals or groups, or to advance an agenda for political, financial popularity gains for individuals or groups. Media in Swaziland already suffer severe censorship. There are only two TV stations in the kingdom, the state-controlled Swazi TV and the independent Channel S, which has a publicly-stated policy of supporting King Mswati III, who rules the kingdom as sub-Saharan Africas last absolute monarch. There are only two national newspaper groups in Swaziland: one, the Swazi Observer, is in effect owned by the king and the other, the 238

Times of Swaziland, censors itself heavily so as to avoid anything that might be interpreted as critical of the king. There is a long history of censorship on SBIS. Strikes and antigovernment demonstrations are usually ignored by the radio. Sometimes live programmes are censored on air. In July 2011, the plug was pulled on a phone-in programme when listeners started criticising the government for its handling of the economy. Percy Simelane, who was then the boss of SBIS, and is now the governments official spokesperson, personally stormed the radio studio and cut the programme. In April 1 2011, Welile Dlamini, a long-time news editor at SBIS, challenged Prime Minister Barnabas Dlamini at an editors forum meeting on why the state radio station was told by the government what and what not to broadcast. Dlamini said that at the station they were instructed to spike certain stories such as those about demonstrations by progressives and strike action by workers. The PM responded by saying editors should resign if they were not happy with the editorial policies they are expected to work with. In March 2011, SBIS stopped broadcasting the BBC World Service Focus on Africa programme after it carried reports critical of King Mswati III. In the same month, SBIS failed to cover the march by nurses that forced the Swazi Government into paying them overdue allowances. In 2010, Swazi police told SBIS it must stop allowing people to broadcast information about future meetings unless the police had given permission. Jerome Dlamini, Deputy Director of the Swaziland

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Broadcasting and Information Services (SBIS), said this was to stop the radio station airing an announcement for a meeting that was prohibited. He said, Its the stations policy not to make announcements without police permission. The police directive came to light when the Swaziland National Association of Teachers (SNAT) tried to get an announcement aired about one of its meetings. PRIVATE TRUTHS ABOUT KING MSWATI Earl Irvine, who is leaving his post as US Ambassador to Swaziland, reported many home truths about King Mswati, while he was in office but only in private. Irvine, ever the diplomat made no adverse comments about the king in public, but in private he sent messages to his bosses in Washington painting a poor picture of him. They eventually became public when a series of cables he wrote were published by Wikileaks. Irvine reported views that King Mswati, sub-Saharan Africas last absolute monarch, was not intellectually well developed and is not a reader. He also said the king was called imbalanced. He wrote a confidential cable to Washington in February 2010 in which he quoted an informant saying, the king is not a reader, and will not review documents left for him. [The informant] called the king not intellectually well-developed, and contrasted the current sovereign's scant educational background with Sobhuza II, who was educated at Lovedale College in South Africa alongside future leaders of South Africa's African National Congress (ANC). 240

Irvine quoted his informant calling King Mswati imbalanced. He gave an anecdote to illustrate this. The king, [the informant] said, invited about forty officials and advisors to a basement in one of his palaces, where they all sat on the floor to attend to him. King Mswati III turned up the heater, which warmed the floor first, until the temperature in the room reached about 40 degrees Celsius, and told inconsequential stories to those gathered while they sweated, merely to show them he was in power. In a separate cable to Washington Irvine wrote about what he called Witchcraft and More: A Portrait of Influences on King Mswati III. In the cable marked confidential, Irvine said traditional leaders, superstition, and members of the royal family are the major influences on the king. His ministers, however, remain his servants. Irvine wrote, The king's wives opinions matter to the king, especially his third wife, LaMbikisa, who has an advanced degree and is the only wife to whom the king proposed. Irvine goes on, King Mswati III believes in muti (traditional medicine used to cast spells or curses), and attempts to use muti to attack the king are taken seriously. He wrote that muti people hold great sway within the royal family, and that the king must eat and drink whatever they give him during traditional ceremonies, particularly when in seclusion. If they are unhappy with the direction the king is taking the country, then the king has cause to worry.

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He added, According to [informant], Prime Minister Barnabas Sibusiso Dlamini is the king's loyal hangman, a relationship that dates to the prime minister's alleged attempted suicide in 1990 or 1991. Irvine also wrote about King Mswatis dubious business deals. In October 2009 he wrote, Royal politics and King Mswati's business interests appear to have caused the ouster of Mobile Telephone Network (MTN) CEO Tebogo Mogapi and halted parastatal Swaziland Post and Telecommunications Corporation (SPTC) from selling the MTN shares it owns to raise money for a Next Generation Networks (NGN)cell phone project. Industry and press observers privately indicated that the king, who already owns many MTN shares, had wanted to purchase the MTN shares himself at a cheaper price than the buyer, MTN, was offering SPTC. See also US SAYS SWAZI KING IMBALANCED US FRANK ASSESSMENT OF SWAZI KING US DECRIES KING ON MTN DEAL

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CALL FOR SANCTIONS AGAINST KING Swaziland democracy activists are calling for international sanctions and a travel ban to be imposed on King Mswati III, sub-Saharan Africas last absolute monarch, his Royal family, and his government ministers. The Swaziland Diaspora Platform says the king is a dictator who treats his kingdom as his personal piggy bank. The call comes in the week that it was reported that three of the kings 13 wives will travel to Las Vegas with an entourage of about 65 people on a multimillion-rand spending spree and vacation. Reports say the trip will cost the Swazi taxpayers at least R36 million (US$4.6 million). Seven in ten of the kings subjects live in abject poverty, earning less than US$2 a day. Political parties are banned in the kingdom and all forms of prodemocracy protest are quashed by state forces. The SDP, in a statement, said, The King and government's lavish spending continues whilst hundreds of thousands of Swazis are forced to continue to struggle to make ends meet and depend on aid in a country that should be able to sustain its people were it managed by an accountable and transparent government delivering on a people's mandate. It added, Public Service trade unions such as teachers have been engaged in strike action in Swaziland for almost five weeks now over demands for a small salary increase of 4.5 percent, which would be their first increase in three years.

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Government, under the authoritarian command of King Mswati III has been brutal in response, setting the police and army on workers, preventing them from exercising their rights to strike, freedom to assemble and freedom of expression amongst others. It is beyond deplorable that King Mswati III in the midst of this crisis finds in appropriate to use millions to take a huge entourage of his household on a luxury holiday and shopping trip to one of the most expensive holiday resorts in the world - Las Vegas via a five-day trip to Namibia. The SDP went on, This trip will cost millions in cash that could be used to address the plight of civil servants. Once again the poor and struggling workers are left to bear the brunt of an economy that is in crisis and a government that claims to be cash-strapped, yet continues with purchases of luxury cars for government officials to the tune of US$20 million and funding luxury trips for the monarch, and increasing the police salary budget by US$2.5million, which will have no benefit for the impoverished majority and financially distressed workers of Swaziland. As King Mswati III travels to the United States of America using millions of dollars that could address basic services due to the people of Swaziland, the Swaziland Diaspora Platform urges governments like the USA to seriously consider travel bans and sanctions on this authoritarian government. Whilst the US government issued sanctions on countries like Syria and Iran because those regimes are censoring Internet activity on 244

social media such as Facebook and Twitter by human rights activists; Swazis have long been censored. Internet penetration even with cellphone technology is very low, at less than 10 percent, yet media is controlled by the monarch and his government. All radio and television broadcasting stations are owned by the state and most newspaper media is constantly under pressure, therefore the use of media to disseminate information that critique government or encourage citizenship is not possible. The banning of political parties, freedom of association, freedom of expression and freedom of the media in Swaziland is just as bad as the authoritarian regimes censoring Internet activism, it is therefore within reason to request that King Mswati III, his children, family, parliamentarians and senior government officials be penalized and sanctioned.

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Newsletter 264 10 August 2012

PM MISLEADS ON ECONOMIC RECOVERY Swazilands Prime Minister Barnabas Dlamini was not telling the truth when he told Commonwealth Secretary-General Kamalesh Shama in a speech that the kingdoms economic recovery strategy was proceeding to plan. In fact, the opposite is the case. The International Monetary Fund (IMF) that had been supporting Dlamini and his government to put into place its financial and economic recovery plan withdrew from Swaziland because the government would not stick to it. Dlamini told Shama at a dinner in his honour following a visit to the kingdom, that Swaziland faced economic difficulties. But, he added, We have a Fiscal Adjustment Roadmap and an Economic Recovery Strategy proceeding to plan. But that is not true. In April 2012 the IMF withdrew its support for Swazilands economic recovery plan. The IMF had been working since 2010 closely with the Swazi Government supporting its fiscal adjustment roadmap (FAR) a plan for recovery that included getting more revenue through taxes and reducing the public sector wage bill.

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The Swazi Government drew up the plan and was aided by the IMF in its implementation through a procedure known as the staffmonitored programme. But, even though the FAR was the work of the Swazi Government and was completely under its control, the government failed abysmally to implement it. Central to the plan was to reduce the public sector wage bill that of teachers, nurses and other civil servants by 10 percent. This it failed to do. Joannes Mongardini, head of the IMF mission to Swaziland, confirmed that it was no longer working with Swaziland on the staffmonitored programme. He said in April, Government has yet to propose a credible reform programme that could be supported by a new IMF StaffMonitored Programme. He added that the national budget announced in February 2012 included, recurrent expenditures that are higher than what can sustainably be financed over the medium term. He said the budget did not provide sufficient resources to repay all domestic arrears. Finally, the budget allocates an increasing share of resources to some sectors at the expense of education and health, he said. Swaziland sought the help of the IMF because it was nearly broke and needed loans from international banks, such as the African Development Bank and World Bank, to survive. It could not get these 247

loans until it proved its economy was in order and IMF support in the form of a letter of comfort would enable it to do this. Following the IMF withdrawal, the African Development Bank said it would not pay US$100 million (E800 million) budget support due to the kingdom, because Swaziland has failed to tackle problems with its economy. Prime Minister Dlaminis dishonesty with the Commonwealth Secretary-General is nothing new. In April 2011 he called a press conference to announce that he had received the letter of comfort from the IMF that would allow Swaziland to get loans from international banks. The news was greeted as a triumph and published all over the world. But it was not true. There was no IMF support and the Swazi economy has declined even further since then. See also SWAZI ECONOMY SET TO HIT ROCKS SWAZILAND LOSES MORE BUDGET SUPPORT IS IMF LETTER LOST IN THE POST?

Cheated Swazi Ex-mineworkers link their poverty to corrupt undemocratic regime (Peter Kenworthy's Stiffkitten blog)

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Imagine having worked a long life deep down in the mines in a foreign country just to make ends meet for you and your family. And then imagine that your pension, or the compensation for your disability, that you thought you and your family were to live on when you retired, was lost somewhere between the company that was meant to pay it to you and your own corrupt government. This is what has happened to thousands of Swazi mineworkers and 50.000 mineworkers from other countries throughout Southern Africa who have for decades worked in South Africas gold and diamond mines. To try and get their compensation or their pensions back, the ex-mineworkers formed the Swaziland National Ex-mineworkers Association (SNEMA) in 2007. SNEMAs coordinator, Cebisamadoda Nxumalo, has been in Denmark over the last couple of weeks where he amongst other things spoke at a public meeting. Here Cebisamadoda very clearly linked the poverty of the exmineworkers to the lack of democracy and basic rights in Swaziland. There are rising poverty levels [two third of the Swazi population survive on under a dollar a day], HIV/Aids prevalency [which is the highest in the world] and inequality in Swaziland. The King has absolute power and Swaziland is a dictatorship. This is why we are in such a situation, he said. We dont believe that the problems of the exmineworkers can be addressed in a dictatorship. And SNEMA therefore continues to play an important part in the consciousness-building that has helped people in the rural areas who 249

are subdued by police intimidation and brutality as well as threats of land evictions by their local chiefs, who are mostly loyal to the monarchy dare to stand up to the regime. Amongst other things, SNEMA educates people in their branches on human rights, democracy and poverty eradication. We believe in empowering the people so that they know their rights, says Cebisamadoda. We use our rootedness in the rural communities to empower and capacitate all Swazis, not only exmineworkers. And by doing so SNEMA, and the democratic movement as a whole, has managed to pressure the King and his government into actually discussing democracy and poverty, as the King did at the recent annual royal cultural event. This shows that the king is scared of the democratic movement and its success in instilling democratic and socio-economic consciousness in the Swazi population, and there is therefore real hope that the situation will improve in the near future, says Cebisamadoda. The public sector unions are on strike in Swaziland. We hope that the strike will help keep the momentum going. The time for change is near and democracy will not take long from now. But we need to double our efforts, and so do those who work in solidarity with us. Condemn the Commonwealth's brown-nosing of Mswati and support for his autocracy (Statement of the Communist Party of Swaziland)

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The Communist Party of Swaziland is appalled and disgusted by the 4 August media statement of the Commonwealth Secretariat following the visit of its secretary general Kamalesh Sharma to our country 2-4 August. The Commonwealth Secretariat has revealed itself as an unprincipled and obsequious apologist for an autocratic regime responsible for the mass degradation, impoverishment and violent oppression of the Swazi people. It has painted a picture of the Mswati regime as a reasonable, progressive and legitimate force that reflects the will of the Swazi people and that is boldly steaming ahead on the sunny road to democratic development and equality. The reality, as everyone knows who has anything to do with the demands of the pro-democracy movement in our country, could not be further from this and is entirely at odds with the Commonwealth's assessment. We are astonished that an international body that posits itself as a champion of democracy around the world could come out with this utterly disingenuous and mendacious assessment. The Commonwealth statement pays oblique lip service to the participation of the Swazi people in shaping the situation in the country, but is otherwise wholly concerned with brown-nosing Mswati and his illegal and murderous regime.

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In particular the depiction of next year's sham elections as a progressive step emanating from the 2005 Constitution is a bald lie: political parties remain banned and prevented from participating; the People's United Democratic Movement remains branded a 'terrorist entity', and no forces that in any way oppose the dictatorship are allowed to organise and campaign in the country. The Commonwealth also totally ignores the mass plight of the Swazi people due to the concentration of all the country's wealth in the hands of the monarchy, its extended 'royal' family and parasitic minions. It ignores the grinding poverty, ill health, death and disease and supine ignorance imposed on our people. It ignores the state banning of the trade union confederation TUCOSWA and suppression of trade union rights. It passes over the illegal sacking by Mswati of striking teachers. It cares nothing about the violence unleashed against them and other public sector workers who are waging a life and death struggle for their livelihoods. Incredibly, the Commonwealth is also massively out of step with other international organisations in their positions on Swaziland, among them UN bodies, the ILO and even the IMF, all of which have one way or another denounced the rapacious practices of the Mswati regime.

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The Commonwealth in its position on Swaziland wholly exposes itself as a force of imperialist barbarity, and a true torch-carrier of the pernicious imperial legacy of the British in Africa and other regions and countries oppressed by that country. What earthly use is such an organisation in today's world? The Commonwealth is not merely an anachronism; it is an anti-democratic and anti-human rights anachronism in the world. The CPS recalls the grovelling role the Commonwealth played in its relations with the Apartheid regime in South Africa. Nothing has changed. It remains committed to reaction and oppression under the pretence of 'constructive engagement'. The CPS stresses that no constructive engagement with the Mswati autocracy is possible in terms of achieving freedom, democracy and equality in our country. Only socialism will enable the Swazi people to realise their rights and entitlement to progressive self-determination. We reiterate our call for the establishment of a provisional democratic government comprising all genuine pro-democracy forces to oversee the dismantling of the Swazi autocracy. Only this will enable us to forge a path to freedom. Down with the imperialist Commonwealth! No to Mswati's sham 'elections'! Viva freedom and socialism! 253

Major Court Victory for Swazi Teachers (By Richard Lee, Open Society Initiative for Southern Africa, Johannesburg) Rapidly losing the battle in the court of public opinion, the Swaziland government has now lost a critical battle in a court of law. On Friday, the Industrial Court in Mbabane ruled in favour of the Swaziland National Assocaition of Teachers (SNAT) and interdicted the government from firing any teachers until the matter is decided in court with a hearing set down for August 24th. In an embarrassing blow to the government, which has opted as usual - for a hard line approach to dealing with the long-running teachers' strike over pay, Judge Nkosinathi Nkonyane's ruling means that the authorities cannot fire any more teachers and taht sacked teachers can go back to work pending final determination of the matter. According to some reports, over 200 teachers had already received letters of dismissal before the court intervenened. It will be interesting to see how the authorities react - and whether the national consultation called by King Mswati III will help to resolve the increasingly bitter dispute. But few people believe that the King and his clique will back down. And with the teachers determined to secure their pay rise and to keep the fight going, this battle could rumble on for many weeks and months to come.

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Newsletter 265 17 August 2012

POLICE SHOOT TWO STUDENTS IN HEAD Three university students in Swaziland were shot by police two in the head while security forces stopped a protest march against scholarship cuts. Reports from the Centre for Human Rights and Development, Swaziland, say several other students were injured by police batons and kicks. The students from the University of Swaziland had hoped to march to the Ministry of Labour and Social Security to deliver a petition calling on the Swazi Government to pay all tuition fees and allowances for government-sponsored students. No first year students have received sponsorships this year. The students are also continuing a class boycott that started earlier this week. The Centre reported Xoli Mdluli, General Secretary of the universitys Students Representative Council (SRC) saying more than 10 police officers attacked the SRC chairperson of Kwaluseni Campus, Sibusiso Dlamini. He said police assaulted Dlamini with batons and kicks. The students retaliated by pelting stones at the police officers in an attempt to save their colleague.

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The Centre reports three students were shot with rubber bullets and several other students were injured during the confrontation. Sibusiso Dlamini was injured in the head after he was assaulted with batons. Two of the shot students suffered severe head injuries from the rubber bullet shots. Later, it was reported that police arrested University of Swaziland Luyengo Campus Student Representative Council (SRC) Chairperson, Bonginkhosi Dlamini. Police Public Relations Officer, Superintendent Wendy Hleta, told local media, Bonginkhosi Dlamini allegedly pelted the police officers with stones and assault charges would be preferred against him. He was released and will appear in court at a date to be decided. She also denied any students were shot by police. See also ARMED POLICE BLOCK STUDENTS PROTEST STUDENTS BOYCOTT CLASSES

GOVT BECOMING ISOLATED FROM KING Swazilands Queen Mother the Indovukazi has turned up the heat in a dispute between King Mswati III and his government over sacked teachers.

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Last week, during a peoples parliament session, the King, subSaharan Africas last absolute monarch, ordered teachers who had been on strike for more than five weeks to return to work. He also told his government to talk to the teachers and solve the dispute over pay. The teachers did as they were told, but, the Swazi Cabinet refused to reinstate more than 200 teachers who had been sacked for striking. The Minister of Education Wilson Ntshangase said the king had not meant that sacked teachers could have their jobs back. This caused a crisis in the kingdom where nobody is allowed to dispute the kings rulings and it put the government on a collision course with the monarch. Now, the Indovukazi is reported in the Times of Swaziland saying that the king did mean the striking teachers should have their jobs back. The Indovukazi, who is considered by many observers to be the real power behind King Mswatis throne, met a delegation from the teachers union, SNAT. Timothy Mtetwa, the traditional Prime Minister, who speaks for the king, was at the meeting. He later told the Times that the Indlovukazi said all teachers should return to class in accordance with the kings order. His Majesty said during Sibaya that all teachers, including the fired ones, should return to work. This is what the Queen Mother said she heard the king pronouncing during the Peoples Parliament, Mtetwa said. The President of SNAT, Sibongile Mazibuko, who was also at the meeting told the newspaper, The Queen Mother cordially welcomed us. 257

We were overwhelmed. We then reported to her that we were shocked that there were people who were ignoring His Majestys call that all teachers should return to work to end the impasse in schools. She added, The Queen Mother was equally shocked that there were people defying the Kings pronouncement. Her Majesty said she did not know where those people were getting that mandate from. She promised she would warn those people to stop expelling teachers. Earlier in the week it was reported that Ntshangase could face a fine from a traditional court for defying the king. See also GOVERNMENT IGNORES KINGS RULING THE SWAZILAND KINGS WORD IS LAW

Swazi student leader denied scholarship for being politically active? (Peter Kenworthy's Stiffkitten blog) It would seem that Swazi student leader Maxwell Dlamini is being punished doubly for having actively engaged himself in Swazilands democratic movement. Maxwell, a commerce student, was detained and tortured by Swazi police and sat his last exams from prison where he was remanded until February accused of possession of explosives. Now he is in effect being denied the possibility to continue his studies.

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I have been readmitted at the university. The only problem I currently face now is the issue of scholarship. I did apply for government scholarship a month ago and still I havent received any correspondence. I have also did make a follow up but still there have been no correspondence, Maxwell Dlamini told Africa Contact yesterday [August 11]. What is surprising though is that all those whom I am supposed to be in class with and those I applied with had been successfully given scholarships. Its pretty bad that lectures are beginning this week while am still unofficial registered as a student because I havent yet paid the tuition and book fees. Maxwell is set to return to court on Friday the 17th of August in a court case that has failed to produce any concrete evidence against him in over a year. Swazi lawyers win battle against parliament (By Richard Lee, Open Society Initiative for Southern Africa, Johannesburg) In yet another blow to the authorities in Swaziland, the countrys High Court has ruled in favour of the Law Society in its battle with Parliament over whether the legislature has the right to investigate lawyers. The latest attack on the judicial system was launched on 14th June when parliament set up a select committee to investigate allegations

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that some lawyers were allegedly mismanaging Trust Accounts and enriching themselves through fraudulent means. Clearly this is not within the mandate of the legislature, so the Law Society which only learned of the plan through the newspapers wrote to the Speaker advising him of the inappropriateness of the action and pointing out that a Tribunal, which was established under the Legal Practitioners Act, exists to investigate and discipline errant lawyers. Parliament did not respond to the letter. Instead, the MP who had been appointed Chairman of the new select committee took the fight to the state-controlled national media stating that parliament would not be intimidated by lawyers. And then she invited members of the public to come and make their representation before the committee. The Law Society filed an urgent application before the High Court to stop the committee from sitting and won a temporary interdict. But given the constitutional issues that were raised, the High Court decided to hear the matter with a full bench and the full benchs decision is crystal clear. Ordering parliament to halt its illegal proceedings, the High Court ruling states that Parliament or the select committee has no power to exercise judicial or quasijudicial powers as such powers are only a preserve for the Judiciary. In particular that, the exercise by the select committee in so far as it purports to investigate legal practitioners or lawyers for Acts of Corruption or mismanagement of Trust accounts takes the matter nowhere in as much as it will not be empowered to adjudicate whether a 260

particular attorney accused of either fraud, misappropriation of a clients money or corruption was guilty or not, in the case of that particular attorney denying such an allegation. It will not have this power because no law empowers it to adjudicate over disputes. Clearly the select committee cannot be allowed to conduct an exercise in futility at the expense of the [Law Societys] members if it can neither adjudicate a dispute that arises nor punish the offender if identified. It is another very public legal embarrassment for the authorities, who lost a case in the Industrial Court over the mass sacking of teachers just last week and shows just how cavalier the Kings government and cronies have become in their attitude towards the rule of law. But there is no indication that they will change their behaviour and begin to act within the law so there are likely to be many more court cases in the months ahead.

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Newsletter 266 24 August 2012

BOYCOTTING STUDENTS CLOSE UNIVERSITY Protesting students have forced the closure of Swazilands only state university after they refused to attend classes in a dispute over scholarships. Three students were shot with rubber bullets at close range by police, including two who were hit in the head, when they attempted to march on the Ministry of Labour and Social Security to deliver a petition last week. Students had been boycotting classes at the university since the present semester began eight days ago. The dispute is over the number of scholarships the Swazi Government is paying this year. Students say 700 people who were granted places to study at Uniswa and other colleges in Swaziland have been denied scholarships. The government previously said it would not grant scholarships for a number of courses it felt were not priorities for the kingdoms needs, including many in the humanities and journalism. Uniswa announced yesterday (20 August 2012) that it would close indefinitely and ordered students from two of its three campuses to

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go home, which they did. The university says the students boycott is illegal. WE MUST OBEY THE KING SWAZI PM Swazilands Prime Minister has confirmed that King Mswati III is an absolute monarch whose word has to be obeyed to the letter. Barnabas Dlamini, who was not elected to office but personally appointed PM by the king, was reacting to news that his cabinet of ministers had defied the king who instructed all schoolteachers who were on strike to return to work. King Mswati also ordered his government to talk with teachers and solve their dispute over pay. But, the cabinet reportedly refused to allow teachers who had been sacked for going on strike return to work, thereby going against the king. Now, Dlamini has denied that his cabinet went against the kings word and instead blamed the heavily-censored media in Swazi for misreporting the situation. The Times Sunday newspaper in Swaziland reported him saying government belonged to His Majesty and it took instructions from him to implement them to the letter, without questioning them. He told the newspaper, Government listens when His Majesty speaks and we will always implement the wishes of the King and the Queen mother. The PM said Cabinets position on the matter was that it respected His Majestys position on all matters he spoke about. 263

He said Cabinet just like the nation, heard what the King said and his wishes would be implemented.

Global week of action for democracy in Swaziland (Peter Kenworthy's Stiffkitten blog) Swazilands democratic movement will hold its Global Week of Action, which has become the biggest campaign for democracy in Swaziland, between September 3 and 7 in the wake of the several weeks of protests by Swazilands public sector employees. According to a press release from one of the many Swazi organisations that have pledged to participate in the event, the Foundation for Socio-Economic Justice, they are demanding a Swaziland that is socio-economically and politically empowering to all Swazis. The thousands of marchers in the two previous years that the event has been held were met by riot police firing teargas and rubber bullets, and several of the foreign participants were rounded up, detained, man-handled, and deported. And this years week of action will almost certainly be marred by police violence, says Swaziland United Democratic Front coordinator Wandile Dludlu. The regime is definitely going to strengthen its smash and crush policy, but we are going to try our best to minimize the effect of brutally as much as possible by trying to bring huge numbers and employ strictest crowd control marshals. But of course that won`t guarantee violence free march. 264

This years campaign, which is coordinated by the Swaziland Democracy Campaign, is to include marches, seminars, workshops and a peoples summit within Swaziland itself, and a range of meetings and demonstrations in countries around the world.

The democratic movement hopes that they will be able to reach segments of the Swazi population in areas that havent been reached before. We hope for increased participation of new towns like Piggs Peak and Mankayane which have never been invaded before, says Wandile Dludlu. We also aim to produce a peoples charter framework as an immediate outcome of the global week which will help moving forward in unity.
Pressure grows for democracy in Swaziland (Owen Tudor, Stronger Unions blog) The TUC has been working in solidarity with our colleagues in Swaziland for some time, and we are playing our part with organisations like Action for Southern Africa in planning events in London as part of the Global Week of Action on Swaziland at the beginning of September. But one key issue that weve been pressing with our colleagues in Swaziland is for action by the Commonwealth. Now the respected and independent Commonwealth Human Rights Initiative (CHRI) has issued a statement which makes the same point. The net is beginning to close on Africas last feudal dictatorship.

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The CHRI statement, issued jointly with Civicus, a South Africabased human rights and global justice NGO, draws attention particularly to the repression faced by trade unions in Swaziland, including the refusal this April to recognise the newly united Trades Union Congress of Swaziland (TUCOSWA). The statement concludes: We therefore urge action by the Commonwealth Ministerial Action Group, a high level group that deals with serious or persistent breaches of the Commonwealths democratic and political values. Anything less indicates tacit approval for a regime that is increasingly moving further away from complying with the fundamental political principles of the Commonwealth. This does not, superficially, go as far as TUCOSWA and the CTUG in calling for Swaziland to be suspended from the Commonwealth as most member states are when they abandon democracy, eg Fiji, and in the past Nigeria, Zimbabwe etc. But its the Commonwealth Ministerial Action Group that takes the decision about whether to suspend a Commonwealth country, so the implication of the CHRI statement is fairly clear. The TUC will be raising the issue of suspension from the Commonwealth as part of our involvement in the Global Week of Action called by banned political parties, trade unions and civil society in Swaziland, and backed by the ITUC. On Wednesday 5 September, there will be a public meeting in the House of Commons where we want to raise MPs awareness and register their concerns with the Government of Swaziland. We will also be seeking a meeting with the Commonwealth Secretary General who recently visited Swaziland, and writing formally 266

to the South African Ambassador in London and the Southern African Development Community, both hugely influential in the region.

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Newsletter 267 31 August 2012

KINGS BATTLE FOR THRONE TOP SECRET A Top Secret document allegedly found in the pocket of convicted bomber Amos Mbedzi was at the centre of evidence leading to his conviction on sedition, murder, and other charges at the Swaziland High Court this week. Media in the kingdom told us that it helped to show that Mbedzi and fellow conspirators were intent on advocating a violent revolution. They had, the court heard, wanted to blow up a bridge near the Lozitha royal residence, but the bomb they had in their car detonated prematurely. But, the media did not tell us what the document actually said. Why not? It was another case of media self-censorship. The document told the story of how King Mswati III, sub-Saharan Africas last absolute monarch, came to the throne. Unlike in other monarchies, his was not a clear succession from father to son. He came to power after deadly infighting at the palace and the Top Secret document said so. Heres what High Court judge Bheki Maphalala said in his judgement. The document portrays a bitter political rivalry, division and deadly infighting within the Royal Household over the succession to King Sobhuza II, the Royal factions that emerged leading to the removal of 268

Queen Regent Dzeliwe and the appointment of Queen Regent Ntombi, the emergence of PUDEMO [the now banned Peoples United Democratic Movement] and its relationship with disgruntled Princes who were ambitious for the throne, the ongoing clandestine remnants of political maneouvers within the Royal House and a detailed critique of the countrys political dispensation as lacking in democratic governance. He went on, The Top Secret Document was authored by PUDEMO and it exposed its relationship with the South African Communist Party and certain elements of the Royal House. The document concludes by calling for a violent revolution to remove the leadership from political power. See also AMOS MBEDZI FULL JUDGEMENT

GOVT BOWS DOWN TO KINGS ORDER The Government of Swaziland has buckled under pressure from King Mswati III and reinstated teachers it sacked for striking for more pay. Two weeks ago King Mswati, sub-Saharan Africas last absolute monarch, ordered teachers to return to work after a six-week strike. He also ordered the Swazi Government, which he handpicks, to negotiate a settlement with teachers. The teachers immediately returned to work, but the government refused to reinstate about 200 teachers who had been sacked for taking part in the strike. 269

This led to a crisis in Swaziland because once the king pronounces on a subject no one - not even his government ministers is allowed to discuss the matter further. In this case the Swazi cabinet of ministers met and decided that the king had not meant to allow the sacked teachers back to class. Timothy Velabo Mtetwa, who is known in the kingdom as the traditional prime minister and who speaks for the king, publicly criticised the government for defying the kings wishes. It was even said that the Minister of Education Wilson Ntshangase might be forced to pay a fine for disobeying the king. The government responded by claiming its actions had been misinterpreted by the media. Now, the King, through his advisors, has made it known that he wants the sacked teachers reinstated and meekly the government has followed his instructions. The Deputy Prime Minister Themba Masuku told a press conference, The government has decided that all the sacked teachers should report back to work with immediate effect. Masuku, who is acting PM, added there had been, regrettable misinterpretation of the governments actions towards implementing the Royal Command. He said, We are all grateful as a nation to have a revered monarch who listens to his people and continues to display unique leadership qualities.

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He went on to say pronouncements made by the king were beyond reproach. He said government embraced this custom and was, therefore, collectively obligated to observe and implement each and every pronouncement. This is an embarrassing climb-down for the government, but it is trying to pretend it was always going to reinstate the sacked teachers. It has been blaming news media for misinterpreting its actions. The about-turn by the government also puts to rest the claim from supporters of King Mswati that he is not an absolute monarch. The teachers demonstrate clearly that the king is willing and able to overturn any government decision as he chooses. It also shows that no one dares to contradict the king once the Royal Command has been made. See also WE MUST OBEY THE KING SWAZI PM THE SWAZILAND KINGS WORD IS LAW GOVERNMENT IGNORES KINGS RULING

TRIBUTES ON DEATH OF BISHOP NDLOVU Tributes are coming in for the Swaziland Catholic Bishop and human rights activists Ncamiso Louis Ndlovu who died this week. Ndlovu had a long history of helping activists in the kingdom ruled by King Mswati III, sub-Saharan Africas last absolute monarch. 271

Even the Swazi Observer newspaper, which is a mouthpiece for King Mswati, called Ndlovu a staunch advocate for human rights [who] was loved by all. It said he would be remembered for the part he played in a historic hunger strike by University of Swaziland students in the early 1990s. The students, who were then weak from hunger, were given shelter at the Bishops House in Manzini and he prevented police from entering to arrest them. Musa Hlophe, of the Swaziland Coalition of Concerned Civic Organisations, said, Bishop Louis was highly respected by the broader civil society movement in the country not only for his passionate commitment to the mission of the church and dedication to the plight of the poor through his many programmes ranging from schools, training centres, clinics, homes for the sick and the dying, support for poor communities among many others. He was also admired for his courageous and unshakable campaigns for peace, democracy and human rights. The Peoples United Democratic Movement (PUDEMO), which is banned in Swaziland, said in an official statement, Bishop Ndlovu was a father figure to us as can best be attest[ed] by many of our young activists whom he protected when they were hunted down like ruthless criminals by the Tinkhundla regime. True to his outstanding humanity, the Bishop housed and fed the activists making them feel at home away from home. More than anything he provided them with safe refuge away from the charging police officers who wanted to arrest these activists for daring to question the dictatorial leadership of the government. 272

The Swaziland Solidarity Network, also banned in Swaziland, said in a statement, The Bishop was able to present a strong and dedicated voice which spoke truth to power. This obviously made him unpopular with the Royal family such that an attempt to silence him was once made in the nineties as armed men kidnapped him, only to release him. Phakama Shili of the Centre for Human Rights, Swaziland, said, As an organisation we acknowledge the role that he has played for human rights advocacy in the country. The church under his leadership has been able to introduce initiatives aimed at promoting social justice. Ntombi Nkosi. Chair of the Manzini Council of Catholic Women, said, As women in the church we are heartbroken as he was our father and leader. Bishop Absalom Mnisi, of the Lutheran Church and Chairman of the Council of Churches, said, He is remembered for his contribution during the evictions at Ka-Mkhweli area where he provided counselling for those that had been affected as well as food and tents for shelter. As a founding member of the Council of Churches, Bishop Ndlovu always reminded the council to provide for the spirit and also the body as many people living in the rural communities were doing so in abject poverty. The council thus established 48 emadladla where these communities would be fed by the church. Ndlovu died of heart failure in the intensive care unit at Mkhiwa Clinic, aged 67.

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CULTURAL REED DANCE TURNS POLITICAL Children attending Swazilands Reed Dance next week are to be ordered to sing a song vilifying political parties as part of a clampdown on dissent in the kingdom, where King Mswati III rules as sub-Saharan Africas last absolute monarch. This is believed to be the first time that maidens in the Reed Dance have been used in this way. The Reed Dance is usually described as one of Swazilands main cultural events at which maidens dance (often semi-naked) before the king. In past years as many as 100,000 maidens, many as young as nineyears-old, have taken part in the dance. King Mwsati, who has 13 wives, has been known to use the event to choose himself an additional bride. This year the maidens are being taught a song to sing at the dance which says political parties set people against each other and claims that with parties the kings people could start fighting each other. Political parties are banned in Swaziland, but ahead of next years national election there is increasing pressure from pro-democrats for this to change. Some traditional authorities also believe that support for the present system that puts them in control is on the wane. In Swaziland pro-democracy demonstrations have been attacked by police and state security forces. About 500 maidens were chosen from all 350 chiefdoms in Swaziland to attend rehearsals at Ludzidzini Royal Residence and the Correctional Services Institution in Matsapha to learn the song. They

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have been ordered to return to their homes and teach the words to other girls in their chiefdoms. The Times Sunday, one of the few media voices in Swaziland independent of the kings control, reported the song was composed by traditional authorities solely to be sung before the king the Reed Dance ceremony on Monday (3 September 2012). The newspaper reported that traditional authorities believed that in South Africa during the apartheid period the youth drove the struggle in that countrys politics and therefore the youth in Swaziland should be made to push the agenda against political parties. Lobayeni Dlamini, who worked with the maidens on the song told the Times, there were fewer people who stood up to defend the present political system in Swaziland and therefore there was a strong need to send a message. Nothando Ntshangase, a notably traditionalist with strong links to the Reed Dance, said, Those who are still not conversant with the lyrics are being taught by the ones already inducted in the song. During the main day of the reed dance, all the maidens are expected to showcase their talent in song before Their Majesties. The Swaziland Solidarity Network, a pro-democracy group banned in Swaziland, said the song proved Swazi children are being brainwashed. It said it was shocking as it exposes the blatant abuse of innocent children to further political ends.

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COUP DTAT TAKEN PLACE - KINGS MAN The temperature in the dispute between traditional authorities in Swaziland and the official government has been raised by the Chairman of the Kings Advisory body Liqoqo who said a coup dtat had taken place against the monarch. Prince Logcogco said that state-controlled radio and television in Swaziland had refused to broadcast a press conference hosted by the traditional Prime Minister Timothy Velabo Mtetwa. During the conference Mtetwa lambasted the government for not obeying King Mswati IIIs instructions on ending a five-week-long teachers strike in the kingdom. The king ordered all teachers to return to work and told the government to enter into discussions to settle the dispute. The teachers went back to work, but the government refused to reinstate teachers who had been sacked for striking, thereby seeming to defy the king. In Swaziland, where King Mswati is sub-Saharan Africas last absolute monarch, the kings word is law and nobody is allowed to disagree with him. Mtetwa said as much in his press conference. Now, Prince Logcogco has told the Swazi News, one of the few media outlets in the kingdom not under government control, that SBIS radio and STVA television were ordered not to broadcast Mtetwas criticism of the government. Mtetwa has the official title of Ludzidzini Acting Governor, but he is commonly known as the traditional Prime Minister. He is said to

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speak for the king and is considered to be more powerful than the nominal Prime Minister Barnabas Dlamini. Prince Logcogco told the Swazi News a government official who he chose not to name ordered the radio and TV not to broadcast Mtetwas comments. He is reported saying, They were merely ordered by a known person under some threat of harm. To me it is the culprit who must face trial for a case of treason. These institutions belong to the state. What was done is a coup. He must be punished. It will set a wrong example to let such an act go unpunished. He said that Mtetwa was conveying a message from the monarch at the press conference. Consider further that SBIS and STVA are state institutions. If the blocking of the broadcasts is not a criminal act punishable as treason, then Swaziland has had a successful coup, the newspaper reported him saying. Later, Chief Executive of the Swaziland Television Authority (STVA) Bongani Sgcokosiyancinca Dlamini said all enquiries regarding the gagging of Mtetwa should be directed to the Ministry of Information Communication and Technology, which controls broadcasting in the kingdom.

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Newsletter 268 7 September 2012

REPORTS FROM THE GLOBAL WEEK OF ACTION FOR SWAZILAND ARMED POLICE INVADE FREEDOM SUMMIT Heavily-armed police in Swaziland have invaded the venue for a peoples summit due to take place today (6 September 2012) as part of week-long pro-democracy activities in the kingdom. The Swaziland Democracy Campaign (SDC) reported a large number of heavily armed and hostile police invaded the Bosco Skills Centre, Manzini, where the summit was due to start today. Delegates from inside and outside Swaziland were gathering to discuss a number of issues around human rights in the kingdom ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Among the topics for discussion was the call for the creation of a People's Government and the writing of a People's Charter that would clearly spell out the demands of the people of Swaziland. The SDC reported earlier today that Mphandlana Shongwe, vicepresident of the Swaziland United Democratic Front, one of the summits sponsors, had been ordered to go to Manzini regional police headquarters.

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In a statement it said, The police are said to be threatening the activists that have gathered, stating that they have been informed that PUDEMO [Peoples United Democratic Movement] and SWAYOCO [the youth wing of PUDEMO] have called a meeting and such meeting cannot be allowed to continue because the said two organisations have been banned and proscribed under the Suppression of Terrorism Act, 2008. Later, the SDC reported police had allowed summit to proceed. However, there still remains a large menacing contingent of the heavily armed police at the venue. Activists are bravely proceeding to Bosco Skills Centre despite the intimidation and harassment from the police, it said. POLICE TRICK, AMBUSH, BEAT, STUDENTS Swaziland police tricked students into believing they were being escorted to deliver a petition to the government, but instead took them to a road with no exits and ambushed them, firing shots and beating them up. Media in Swaziland are reporting that about 100 students were forced to flee across the streets of the Swazi capital, Mbabane. The Swazi Observer reported today (5 September 2012) that the students were part of the on-going Global Week of Action for Swaziland and wanted to demonstrate under the banner Relevance of the Education System to the Current Situation. They wanted to deliver petitions to the Ministries of Labour and Social Security and Education and Training Students and the South African High Commission.

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The students and other pro-democracy activists are this week drawing attention to the lack of human rights in Swaziland. The Observer reported that police allowed the march to start yesterday morning. At first the police officers gave the impression that the students were being escorted to the ministry but when they reached a certain road without any exits, they ambushed them. They ordered the marchers to disperse and fired warning shots, forcing the students to flee while those who could not run fast enough were beaten up. One such person was a female student who lay on the ground as police officers beat her up with batons until some street vendors begged them to stop. When the officers finally stopped hitting her, she stood up looking confused, possibly from the blows she received and then vanished into the streets of the capital. The newspaper added police chased students to the Angela Cash and Carry. The officers blocked part of the entrance to the shop while some stormed in and beat up the students who were hiding there. Shop attendants, who could not stand the sight of students being beaten up, fled the scene and in fact some were not aware the people being bashed were students. Ordinary shoppers at the cash and carry were also beaten by police. When they stormed the shop, screams of people being assaulted with batons could be heard from a considerable distance, the Observer reported. This was followed by the shoppers bolting out of the shop as police followed behind. One of the shoppers who were heavily assaulted 281

could not run fast enough but kept walking while a police officer continued to hit him with a baton. He ran as if limping until he stopped a few metres away from the shop after being slowed down by the heavy beating. After finally catching up with him, other police officers then surrounded the shopper and interrogated him, after which he was allowed to walk away. About two more others were also beaten up while another was saved by a shop owner who claimed he was not part of the students. The Times of Swaziland reported there was more police violence at the Mbabane bus rank when they tried to arrest leader of the Swaziland National Union of Students, Maxwell Dlamini. At this time nearly 300 students had gathered at the entrance of the Swazi Plaza where they were singing and chanting political songs when a senior officer tried to speak to Dlamini. Students who believed Dlamini was about to be arrested came to his rescue and Dlamini escaped. When the police officers started assaulting the students, Dlamini was nowhere to be seen and he was reported to have boarded a kombi to Manzini in a bid to evade arrest, the Times reported. See also POLICE BID TO ARREST STUDENT LEADER POLICE FIRE TEARGAS TO STOP STUDENTS

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STUDENTS LEAD SECOND DAY OF PROTEST Students led by the Swaziland Union of Students (SNUS) will be marching to the Ministry of Education in Mbabane this morning (4 September 2012). The march is part of a global week of action for Swaziland. The students are marching to demand education for all in Swaziland. The Centre for Human Rights and Development, Swaziland, reports more than 100 students are now gathered in Manzini in preparation to proceed to Mbabane where they will be meeting other students to proceed to the Ministry. This is the second day of the Global week of Action for Swaziland and is devoted to education. Reports from Mbabane, the Swazi capital, are that police and security forces are massing in Coronation Park ready to stop any prodemocracy gathering. The Peoples United Democratic Movement (PUDEMO), a political party banned in Swaziland, reported that several buses were on their way to Mbabane filled with activists from Manzini, Nhlangano and Piggs Peak to join the demonstration. STATE FORCES STOP PROTEST RALLY Swaziland state security forces have violently dispersed a rally in the industrial town of Matsapha today (3 September) called as part of the first day of a global week of action taking place in the kingdom. The Peoples United Democratic Movement (PUDEMO), a banned organisation in Swaziland, reported that the rally started after activists 283

went from door-to-door in the town distributing leaflets publicising the week of activities to draw attention to the lack of democracy in the kingdom ruled by King Mswati III, sub-Saharan Africas last absolute monarch. PUDEMO reported that during the day activists had been gathering in the towns of Siteki, Manzini and Matsapha. In Siteki, one trade unionist was reported arrested and detained by police. Day One of the week of activities was devoted to hunger and poverty. Hunger and starvation has reduced of our Swazis into beggars and recipients. They are prone to human rights abuse because of their position. We should all work towards eradicating that, Mandla Mkhwanazi, Chair of Lawyers for Human Rights in Swaziland, said. Maxwell Dlamini, Swaziland National Union of Student (SNUS) President, said, Many of our people have died of malnourishment, poverty and hunger which has been orchestrated by the royal tinkhundla system which has pursued skewed and discriminatory socio-economic policies. Poverty and hunger has reached terrible levels hence a total transformation of our society into a democratic dispensation is urgent and necessary so as to create a human society with food security and rid of hunger and poverty. Seven in ten people in Swaziland live in abject poverty, earning less than $US2 a day. The week of action is set to continue until 7 September. Pickets and other activities will be taking place in Swaziland, South Africa and the United Kingdom. 284

Swazis want independence from absolute monarchy (Peter Kenworthy's Stiffkittten blog) Today, 44 years ago, Swaziland gained independence from Great Britain. Like many other postcolonial African nations, after the initial excitement Swazilands postcolonial years have been disappointing, however. Two thirds of the population survives on less than a dollar a day, many on food aid. Swaziland has the highest Aids prevalence rate per capita in the world. And whatever money the nation has is squandered by absolute monarch King Mswati III, who controls the nations land and finances, and who brutally suppresses any dissent towards his rule. The reasons for this predicament are manifold and include both external and internal reasons. One could argue that the colonial era, the influence of big business particularly Coca Cola on the Swazi economy, the demands of the IMF, and neighbouring South Africas de facto support of the regime all form part of the reason for the lack of democracy and socioeconomic development and justice in Swaziland. Read more

GLOBAL WEEK OF ACTION DAY FOUR: A NEW DAY HAS DAWNED, THE PEOPLES CHARTER IS BORN! (Swaziland United Democratic Front-Swaziland Democracy Campaign statement) 285

Today will surely go down in the annals of history as a watershed moment in the Swazi struggle. The Global Week of Action on Swaziland today opened a new chapter and expanded to new frontiers as the momentum for democracy reached its climax. The well attended Peoples Summit culminated in a first of its kind Peoples Charter, a collection of demands that the people of Swaziland from all walks of life want the new democratic government to implement. Already our people look beyond the present despotic, ruling elite and now recognise that their hopes can no longer be bestowed on the present Tinkhundla regime. We are proud that we managed to draw a diverse group and a cross section of Swazi society to our Summit and we valued the rich contributions of rural women, ex miners, students , Community Health Motivators, Community Police, youth activists, workers, the disabled community and other minority groups made the Summit a true representation of the aspirations of our people. Despite the downpour and chilling weather, the SDC managed to fill to capacity the Hall at Bosco Skills Centre forcing the intimidating and at times provocative police to retreat and allow the event to go ahead. Earlier in the day the police had tried to stop the Summit by falsely claiming that it was organised by the banned Peoples United Democratic Movement (PUDEMO), the only liberation movement in the country. The Peoples Charter heralds new beginnings for the Swazi struggle, it now provides a blue print through which the world can support our struggle. It is now a true mandate through which political 286

parties, labour unions, community organisations as well as solidarity organisations can marshal all support for the democratisation of Swaziland. The popular call is for a Peoples Government NOW!! The people have lost confidence in the Tinkhundla royal minority regime, they have said and shown in statements, marches and petitions delivered to various ministries. This silent war against our people has gone too far. Our people have shown resilience and hunger for democracy. They can no longer rhetoric about it and hope for a divine intervention, they want and are prepared to fight in the battle zone. We were encouraged by messages of solidarity we continue to receive from different parts of the world. More inspiring was the messages of solidarity from our friends in the British Trades Union Council (TUC) and UNISON in the UK, the trade union Federation in Germany, the International Trade Union Confederation (ITUC), the Southern African Trade Union Coordinating Council (SATUCC), our allies in Congo, Zimbabwe and in the Palestinian solidarity movement, and more than anything the humbling messages of support from, our reliable and long trusted ally COSATU. Indeed we align our views with those expressed by COSATU Second Deputy President Zingiswa Losi and also Second Deputy President of NUMSA Christine Olivier that COSATUs credentials are well known in the Swazi struggle and that they will not be blackmailed and questioned on their involvement in the Swazi struggle. COSATU is not just friends

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with Swazi organisations or leaders but it is a friend of the 1.2 million struggling people of Swaziland. Rounding up the week, we shall have a press conference tomorrow at Tums George Hotel in Manzini at 10:30am. Join us then for more details on the Peoples Charter!

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Newsletter 269 14 September 2012

STATE TV AIRS CRITICAL REPORT ON KING Two journalists at the state-censored Swazi TV were suspended from work for allowing an unauthorised item about King Mswati III to appear in a news bulletin. It concerned the traditional Umhlamga Reed Dance that took place last week. A news report about the event sourced from Channel France International (CFI) did not give the king enough respect, according to Swazi TV bosses. The report mentioned the fact that sometimes the king uses the Reed Dance to find himself a wife from the tens of thousands of semi-naked women and girls, some as young as nine years old, who dance in front of him. The media in Swaziland, where King Mswati rules as subSaharan Africas last absolute monarch, are highly censored when reporting the king and his large royal family he has at least 13 wives, but the exact number is not officially known as this is considered information Swazi people are not allowed to know. Media reports in Swaziland of the Reed Dance generally concentrate on the large number (often exaggerated) of maidens who dance for the king and how privileged and excited they are to be taking part in the event.

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The CFI report that aired on Swazi TV said the king used the Reed Dance to find a wife and said that the Reed Dance was not only about culture. This years dance was controversial because the maidens were required to sing songs against political parties which are banned in Swaziland. The CFI report on the Reed Dance was similar to many circulating in the international media that drew attention to the abject poverty of the kings subject and his own personal wealth, estimated by Forbes to be about US$200 million. They also talked about human rights abuses in the kingdom. Vusi Gamedze, the acting Assistant News Editor of Swazi TV and an Avid editor Ernest Mabaso, were suspended from work for 14 days after being accused of gross negligence, for allowing the CFI report to air, but the Times of Swaziland newspaper reported today (11 September 2012) the ban had been lifted prematurely and the pair were back at work. This is not the first time there has been controversy in Swaziland over broadcast reports from foreign stations. In March 2011 the BBC World Service programme Focus on Africa that airs daily on state-controlled SBIS radio was taken off for several days after it ran an item that included interviews with people critical of King Mswati. See also SWAZILAND CENSORS BBC RADIO CULTURAL REED DANCE TURNS POLITICAL

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Reports: Swazis starve because of corrupt, undemocratic and inefficient regime (Peter Kenworthy's Stiffkitten blog) The Swazi government is largely to blame for the economic recession and subsequent increasing amount of Swazis who have to skip meals due to the financial mismanagement of the Swazi government, according to recent reports from the World Economic Forum, United Nations and the Institute for Security Studies. The reports list low growth levels, government wastefulness and corruption, and lack of democracy and accountability as some of the main reasons for the economic downturn that has led to as increasing amount of starving Swazis. According to the new Global Competitiveness Report by the World Economic Forum, Swaziland is one of the least competitive countries in the world ranked 135th out of the 144 measured. The main reasons for this, says the report, are inefficient government bureaucracy and corruption. The Global Competitiveness Report more specifically names wasteful government spending, lack of savings and budgetary balance, lack of government transparency, and health related issues such as tuberculosis, Aids and a low life expectancy as areas where Swaziland rank poorly compared to the other 143 countries in the survey. The Swazi governments claims that it is suffering due to the Global Economic Crisis is contested by another recent report, the United 291

Nations Rapid Assessment of the Fiscal Crisis in Swaziland. Instead, the report claims that weak governance and especially the lack of sound public financial management are key factors behind these developments. Even prior to the fiscal crisis, says the report, Swaziland was among the least growing countries in Sub-Saharan Africa. The effect of the economic downturn, says the report, is amongst other things lack of food in one out of four of the surveyed households. Some households were eating less than three meals a day, skipping for the entire day. 63 per cent of the population live in poverty, 29 per cent in food poverty, says the report, making Swaziland akin to a low income country. Finally, the Institute for Security Studies Situation Report on Swaziland says that the present Swazi Tinkundla election system, that amongst other things outlaws political parties and lets the king select the cabinet and many of the parliamentarians, reproduces the prevailing political status quo in Swaziland and results in a parliament which does not have power. Swaziland is one of only three African countries that do not have multiparty constitutions. The report also quotes a democratic movement that sees the tinkhundla system as being the bedrock of the Swazi system of autocratic governance devoid of accountability; as a tool for entrenching economic mismanagement and corruption, poverty and inequalities.

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Swazis want independence from absolute monarchy (By Peter Kenworthy, Africa Contact) 44 years ago, Swaziland gained independence from Great Britain. Like many other postcolonial African nations, after the initial excitement Swazilands postcolonial years have been disappointing, however. Two thirds of the population survives on less than a dollar a day, many on food aid. Swaziland has the highest Aids prevalence rate per capita in the world. And whatever money the nation has is squandered by absolute monarch King Mswati III, who controls the nations land and finances, and who brutally suppresses any dissent towards his rule. The reasons for this predicament are manifold and include both external and internal reasons. One could argue that the colonial era, the influence of big business particularly Coca Cola on the Swazi economy, the demands of the IMF, and neighbouring South Africas de facto support of the regime all form part of the reason for the lack of democracy and socioeconomic development and justice in Swaziland. But today, and throughout this week, the Swazi democratic movement are holding their annual Global Week of Action to focus on the internal reasons for the misery and lack of influence of the vast majority of Swazis. And these reasons all evolve around the undemocratic and corrupt rule of absolute monarch, King Mswati III. The events of the week of action have focused, amongst other things, on the many thousands of Swazis who are starving, several who have eaten cow dung to survive; on an education system that ought to be free, gender-unbiased, non-partisan and relevant to the present situation; 293

on a deteriorated health system that cannot cope with very high rates of HIV infection and child and maternal mortality; and on creating a peoples summit that will create a genuine and open platform for discussion for all the people of Swaziland that will produce a peoples charter in demand of a peoples government now. And the Swazi police and security forces have, as always whenever there is any form of dissent towards the regime, already clamped down on the attempts of the democratic movement to march, congregate and show the rest of the world that Swazis are fed up with the present regime. One example of this brutality happened on Tuesday, where police tried to detain Swaziland National Union of Students President, Maxwell Dlamini, during a march. Earlier in the week Dlamini had encouraged students and activists to render the [the Swazi system of] tinkhundla ungovernable, and insisted that the movement remains resilient and defiant despite the police brutality and violence against unarmed students who are demanding democracy and education for all. Maxwell Dlamini slipped away, however, aided by the several hundreds of students who were trying peacefully to demonstrate for democracy and deliver a petition to the Minister of Education, after which the police fired teargas and shots into the crowd, made indiscriminate arrests and beat up several students, other activists and innocent bystanders with batons, according to Swazi media and the democratic movement.

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One such person was a female student who lay on the ground as police officers beat her up with batons until some street vendors begged them to stop, reported the Swazi Observer, a newspaper owned by the king. When they stormed a shop, screams of people being assaulted with batons could be heard from a considerable distance. Unarmed students and other activists were today sprayed with teargas and violently beaten by the police, said a joint statement from the Swaziland United Democratic Front and the Swaziland Democracy Campaign. The regime will stop at nothing to delay and deny Swazis their freedom even if it means being violence on unarmed citizens. The Swazi democratic movement do not stand alone in their struggle, however. There have been demonstrations outside several Swazi embassies and consulates throughout the world, not least in South Africa and Britain, several organisation sent delegations to the various events of the Global Week of Action, including British trade union federation UNISON, SAMWU and NUMSA from South Africa, and the International Trade Union Council Africa, and several organisations have stated their support for the movement. SATUCC and its affiliates shall continue to pressure relevant SADC structures as well as member states to prevail upon the Kingdom of Swaziland to uphold the principles under the SADC Treaty in particular Article 4 (c) which requires member states to act in accordance with the principle of human rights, democracy and rule of law, said the Southern African Trade Union Coordination Council in a statement yesterday.

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COSATU is not pulling out its support in Swaziland until democracy is achieved, Second Deputy President Zingiswa Losi of the South African trade federation, COSATU, told those assembled at a demonstration outside the Swaziland Consulate offices in Bramfontein. All of Africa is behind democracy in Swaziland, and until there is democracy in Swaziland, all of Africa will not rest, said the Secretary General of the African department of the International Trade Union Confederation, Kwasi Adu-Amankwah.

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Newsletter 270 21 September 2012

South Africa: 85 Years for a Crime He Did Not Commit (By Nicole Fritz, Open Society Initiative for Southern Africa, Johannesburg) South Africans should know that as their government contemplates extending an economic lifeline to Swaziland's profligate king and court, a South African man is being left to rot in Swaziland's jails. Last month, the Swazi High Court convicted South African, Amos Mbulaheni Mbedzi, of sedition, murder, unlawful possession of explosives and immigration offences - on the most flimsy 'evidence'. Indeed, the real crime has surely been perpetrated not by Mbedzi but by the court - and Swaziland's 'justice system' - against him. Especially now that he has been sentenced to 85 years in prison.

Mbedzi's crimes allegedly occurred in the context of an attempt to place explosives under a bridge near important Swazi government and royal buildings - part of an ostensible plan by an opposition group to overthrow the current absolute monachy. Two men, also alleged to have been party to this plan - a Swazi citizen, Musa Dlamini, and another South African, Jack Govender - were killed as a result - it was claimed - of an error while attempting to assemble
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the explosives. It is their deaths for which Mbedzi was convicted of murder. Yet, there was little real evidence to refute Mbedzi's defence that he was not party to any criminal plan - that he had no knowledge of the explosives; that he understood that the car in which he, Dlamini and Govender were travelling in had stopped under the bridge in order to collect another colleague; and that he had left the car to relieve himself and was some distance away when the vehicle exploded although still sufficiently near that he was injured.
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Newsletter 271 28 September 2012

ACTIVIST STUDENT DENIED SCHOLARSHIP Maxwell Dlamini, president of the Swaziland National Union of Students (SNUS), has been denied his university scholarship by the government because of his political activity, he said. Dlamini was called to the scholarship selection board today (27 September 2012), where he hoped to be allowed to continue his law studies at the University of Swaziland, but he said he was denied for being a progressive. Writing on Facebook, Dlamini, said he was questioned about his activities in SNUS and why I cause all the noise in the tertiary institutions [and] why I want to overthrow the government. He added, In the end they denied me scholarship for being a member of a progressives and causing noise in the institutions. Dlamini and fellow student leader Musa Ngubeni were arrested on charges of possessing explosives in April 2011 and spent some months in jail before being released on bail following an i nternational outcry. Their court case is ongoing. In March 2012 it was reportedthat new rules for students were being drafted to allow at its discretion, the Scholarship Selection Board

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to terminate a scholarship when a student is a member, supports or furthers the activities of a banned entity. In Swaziland all political parties are banned, as are a number of pro-democracy organisations, including the Swaziland Youth Congress (SWAYOCO) and the Swaziland Solidarity Network. See also INDEFINITE BAIL FOR STUDENT ACTIVISTS STUDENT LEADER ESCAPES ARREST POLICE TORTURE STUDENT LEADER

ANGRY SWAZI CHIEF BANS PLOUGHING A Chief in Swaziland has banned his subjects from ploughing their fields because some of them defied his order to build a hut for one of his wives. Chief Dambuza Lukhele of Ngobelweni in the Shiselweni region made the decision because he said his subjects had disrespected him by not following his instructions. Chief Dambuza Lukhele, who is a former Minister of Agriculture in the Swazi Government, had ordered residents to construct a hut and a cattle byre in a homestead occupied by his junior wife. But, some of the chiefs subjects would not participate in the project saying they should not be expected to work at Chief Dambuzas new home. 300

In a meeting convened by the chief he attacked the residents for disrespecting him and straying from what he called the fundamental values of the Swazi way of life, which were based on respect for the elders and communal projects. In Swaziland, chiefs are appointed by King Mswati III, subSaharan Africas last absolute monarch, to be his eyes and ears in rural areas. They can wield enormous power over their subjects, allocating homes, scholarships for education, and in areas where there are food shortages they decide who gets aid contributed by foreign agencies. The Times of Swaziland newspaper reported that ploughing had been suspended in Ngobelweni, even though there had been rains and local people were ready to work the fields. Residents confirmed they had been stopped from working by the chief until construction at his wifes home was completed. Dambuza Lukhele is not the only chief in Swaziland leaning on his subjects. The newly-appointed Chief Sicunusa Dlamini of Mgazini has banned women in the area from wearing trousers. A woman who breaks the law is fined a chicken or E25 (the equivalent of three days pay for more than 70 percent of the Swazi population). The community police have been tasked with ensuring that everyone in the area complies with the order, according to the Swazi News.

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OCTOBER

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Newsletter 272 5 October 2012

CONSTITUTIONAL CRISIS SPECIAL - 1

Swaziland: MPs Vote to Kick Out Cabinet (By Richard Lee, Open Society Initiative for Southern Africa, Johannesburg) There is a battle royal looming in Swaziland after the country's much-maligned and justifiably-derided parliament took an incredible, historic step yesterday - by passing a no confidence motion in the Cabinet. Usually little more than a rubber-stamp for the wishes of King Mswati III and his Cabinet cronies, the Swazi parliament took its astonishing decision over the controversial Cabinet decision last week to switch off SPTC's Fixedfones and data components - leaving thousands of people with expensive and useless gadgets. 42 MPs voted to kick out the Cabinet - leaving the King with a very tough decision. Does he follow the constitution that compels him to dissolve the Cabinet if more than 3/5ths of MPs support a no confidence motion? Or does he stick with his allies - including the widely despised Prime Minister, Sibusiso Dlamini - and simply ignore the constitution? 303

Whatever he decides, parliament has shown that it does have teeth - even it if hides them pretty well most of the time - and that on this issue it is in step with the public. Firstly, it is clear that Swazis are very angry about the SPTC saga, believing that everything has been rigged to favour MTN, which is currently the sole mobile service provider and which boasts the King as one of its major shareholders. And secondly, it is obvious that few Swazis have faith in a Cabinet that many view as corrupt and out-of-touch and that the MPs realised that they needed to make a stand - to protect their jobs come the 2013 elections. Indeed, the recent 'national consultation' or sibaya called on the Cabinet to be sacked. "You will get to the voting centres and the electorate will hit you with these useless gadgets. Do this for yourselves and the Swazi nation," said Robert Magongo, MP, who told his fellow parliamentarians that they risked a rude awakening in the elections if they did not vote to kick the Cabinet out. Needless to say, the Cabinet's response has been swift with the Attorney General Majahenkhaba Dlamini arguing that the motion was basically null and void because the courts had already ruled on the matter - and forced the government's hand. However, he seems to have missed the point. The MPs were voting to axe the Cabinet because of the way the matter was handled and because it was the latest in a long line of controversial executive decisions.

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Meanwhile, in a press conference at midnight, Prime Minister Dlamini declared that he and his cabinet were "going nowhere" and that Parliament was "confused and crazy" because his government cannot defy court orders or undermine the Rule of Law - a gloriously ironic comment from a man who has done exactly that on numerous occasions. But the final decision now rests with the King. Who will he choose to side with - Cabinet or Constitution? Either way, this remarkable event has begun a new chapter in the Swazi story. SCCCO / CA call for resignation of the Swazi Prime Minister and Cabinet (Press Statement Swaziland Coalition of Concerned Civic Organisations / Constituent Assembly) Manzini Swaziland. The Swaziland Coalition of Concerned Civic Organisations and the Constituent Assembly call on the Prime Minister of Swaziland Barnabas Sibusiso Dlamini and the rest of his Cabinet to resign immediately and avoid dragging His Majesty King Mswati III into political matters. His Majesty said at the United Nations General Assembly last month We believe in the full participation of all citizens from the grass roots in the decision making process. The facts of the matter are clear. When the people spoke at Sidla Inhloko in June and at Sibaya in August they demanded that this Cabinet be removed. 305

When MPs, commendably reflecting the will of the people, passed the vote of no confidence in cabinet they were not merely commenting on the telecommunications industrial issues but on the underperformance of the Cabinet and government as a whole. This is no longer a contractual issue but a political one, their failure to abide by the constitution violates the very rule of law they claim protection from. It is clear that this government has lost the mandate of the people and its present actions are provoking another Constitutional Crisis to rival The Prime Ministers previous refusal in 28 November 2002 to recognise unfavourable Court Rulings. The Prime Minister and the Cabinet now have a clear choice. They can do the honourable thing and show the world that Swaziland is a constitutional democracy by resigning. If they cling to their positions they will further dishonour the international reputation of Swaziland by telling the world that our Constitution is a lie. The choice is clear. KING EXPOSED BY NO-CONFIDENCE VOTE Members of the Swaziland parliament have passed a vote of no confidence in the government in such large numbers that King Mswati III is obliged to sack his cabinet, if he is to stick to the letter of the kingdoms constitution. This might expose the fact that the king who is sub-Saharan Africas last absolute monarch ignores the constitution when it suits him. 306

The latest move involves a vote of no confidence in the cabinet passed by the House of Parliament this week. Members of parliament voted 42 in favour and six against the motion more than the three fifths vote needed to trigger S68 of the constitution that says the king shall dissolve cabinet. The motion came after the Swazi Government told the kingdoms telephone parastatal SPTC to switch off some of its services in favour of MTN, Swazilands only mobile phone operator, even though SPTCs services were cheaper. It is unlikely that King Mswati will sack the cabinet, because he personally appointed it. He also ignored the constitution in 2008 when he appointed Barnabas Dlamini as Prime Minister. The constitution states that the PM must be from the Senate, but Dlamini was personally appointed by the king from outside Parliament. Already, the kings supporters are rallying to him. Attorney General Majahenkhaba Dlamini, said the vote was null and void because the decision to close SPTC services had not been taken by the Cabinet.

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Newsletter 273 12 October 2012

CONSTITUTIONAL CRISIS SPECIAL - 2

CONSTITUTIONAL CRISIS ENTERS WEEK TWO As the constitutional crisis in Swaziland enters its second week Themba Masuku the kingdoms Deputy Prime Minister has said he will ignore the constitution and only resign if the people tell him to go. Last Wednesday (3 October 2012) the Swazi House of Assembly passed a vote of no confidence in the Prime Minister and his Cabinet with a majority greater than three-fifths of the House. According to the Constitution, the PM had three days to quit or be sacked by the King. So far, Barnabas Dlamini, the Prime Minister, has stated clearly he has no intention of resigning and King Mwsati III, sub-Saharan Africas last absolute monarch, has made no move to sack the government. Now, Masuku, who has been acting PM this week while Dlamini has been on an official visit to Uganda, has told the Times of Swaziland the government should only resign if the people want it. Im of the view that if there is any information on the ground that the public really wants us out, we have to know the basis of it. It will have to be proven scientifically. It doesnt have to be something coined by 308

the media and then be taken at face value to represent the aspirations of the people, he told the newspaper. He added, Gauging public feeling on this is rather complex and not readily comprehensible. At Sandleni, where I come from I havent so far picked this negative public feeling about my work. So which public are we talking about? He said this even though S68 (5) and S134 (5) (b) of the Constitution state clearly that if there is a three-fifths majority in the House of Assembly in a no-confidence vote, the Government must go. But, Masuku told reporters he would not respect this vote. We cant just go because there are voices in Parliament calling for our heads, he said. Meanwhile, the kingdom is still waiting for word from King Mswati. It was reported earlier this week that he had taken advice from Swazi traditionalists in the kingdom on what move he should make. Unconfirmed reports suggest that they had been trying to find reasons why the vote could be declared void. In particular, they want to find mitigating circumstances why the Prime Minister should not be blamed for the actions of his government. It is also reported informally that members of the House of Assembly are being pressured by supporters of the King to take the noconfidence vote again and decide differently this time.

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BUSINESS TURNS AGAINST GOVERNMENT Leaders of Swazilands business community have demanded the government abide by a no-confidence vote and quit office. This cabinet has no mandate to govern, is not fit for purpose, and it must do the honourable thing and go immediately before it damages Swaziland any further, the Federation of Swazi Business Community (FSBC), said in a statement. The Government, led by Prime Minister Barnabas Dlamini, suffered a vote of no-confidence in the Swazi House of Assembly last Wednesday (3 October 2012) and according to the Constitution the government should have resigned within three days or be sacked by King Mswati III. Dlamini made it clear that he would not go and the King has not sacked him. The no-confidence vote came after a long-running saga involving the Swazi parastatal Swaziland Post and Telecommunications Corporation (SPTC) and MTN, the only cellphone company in the kingdom. The government closed down some SPTC services after complaints from MTN. In a joint statement made with the Constituent Assembly and the Swaziland Coalition of Concerned Civic Organisations, FSBC said, As leaders of the local business community we must express our utmost concern at the Swazi Governments poor handling of the issue of SPTCs

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Next Generation Network of cellular phones called ONE as well as the fixed phone service. The introduction of these new services, at last, brought real competition into the telecommunications sector. This enabled ordinary people to begin to afford to communicate more and the business community to access new markets, and improve their services, competitiveness and profitability. As one of the poorest countries in the SADC region we long suffered from monopoly pricing and were charged the highest rates for ICT services. The governments actions which saw the whole SPTC Board sacked, a Minister of Information Communications and Technology removed from office, and the accusations by the Prime Minister of a Mafia at work, show the highly politicised environment in which SPTC was expected to work. It is well known that the current cabinet reversed SPTC and the previous governments decision to sell most of its shares in MTN at a fair market price to finance the ONE project. The statement added, Swazis must realise that the PM has a clear conflict of interest in this matter in that he has shares in Swaziland Empowerment Limited which holds 19 percent of value of Swazi MTN. FSBC said, The Prime Minister must know that to ignore a vote of no-confidence from Parliament sends a message to the world that Swaziland is not a country governed by laws but by an arrogant, unaccountable clique who are happy to abuse their powers and use political patronage for personal gain. 311

NO-CONFIDENCE VOTE IS LEGAL Barnabas Dlamini, the Prime Minister of Swaziland, is wrong to say the no-confidence vote passed against him and his government was illegal because it sought to force Cabinet to break the law. Parliamentarians wanted him out of office because of the way the government forced the parastatal Swaziland Posts and Telecommunication Corporation (SPTC) to switch off its Fixedfones and data components which left thousands of people with expensive and useless gadgets. Dlaminis case is that he and his ministers were obliged by the International Court of Arbitration (ICA) to make the move, implying that he did not want to do so, but his hand was forced. Dlamini, in an interview with the Times Sunday newspaper in Swaziland, said to disobey the ICA would be to go against the rule of law. But this is not true, because despite its name the International Court of Arbitration is not a court: it is a forum where business enterprises that are in dispute can come together to settle differences in front of a panel of arbitrators. Presumably, PM Dlamini knew this to be true since on its website the International Court of Arbitration states clearly that it exists to resolve disputes outside of formal litigation in court. Since it is not a court, any decision the ICA makes is not legally binding. Discussions at the ICA are confidential, but what seems to have happened was that the SPTC agreed after arbitration with its rivals the 312

MTN cellphone company to close down its own services and allow MTN a free hand in the market. If the case for SPTC had been better argued, a different decision might have been reached and the closure of services avoided. There are rules that can make an arbitration binding on the parties involved. These are in the New York Arbitration Convention, but Swaziland has not signed up to this, so there is nothing to force the government to comply with the ICA decision. Since the Swazi House of Assembly passed a vote of no confidence in the Cabinet on Wednesday (3 October 2012), Dlamini has been refusing to abide by the Constitution and resign. His main reason has been that he had no choice but to close down the SPTC services because the ICA had ruled that it must and not to do so would be to break the law. Dlamini is also claiming that the Swaziland High Court has ruled that SPTC must close the services, but in fact, the court has not delivered on the case. Now, it is clear that there are no legal rulings, he has no excuse. Nor has King Mswati III, sub-Saharan Africas last absolute monarch, who, if he is to abide by the Constitution should sack the government immediately.

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SWAZI PM HAS FORM AS LAWBREAKER Barnabas Dlamini, the Swaziland Prime Minister who has refused to abide by the kingdoms constitution and stand down after losing a vote of no confidence, has previously caused a political crisis by defying the rule of law. In 2003, Dlamini was PM and had held office for seven and a half years. Then, he refused to recognise two court judgements that challenged King Mswati IIIs right to rule by decree. This led to the resignation of all six judges in the Appeal Court. The court had ruled that the Swazi King had no constitutional mandate to override parliament by issuing his own decrees. In a report running for more than 50,000 words, Amnesty International looked back to the years 2002 and 2003 and identified activities of Dlamini that included the repeated ignoring of court rulings, interference in court proceedings, intimidating judicial officers, manipulating terms and conditions of employment to undermine the independence of the judiciary, the effective replacement of the Judicial Services Commission with an unaccountable and secretive body (officially known as the Special Committee on Justice but popularly called the Thursday Committee), and the harassment of individuals whose rights had been upheld by the courts. Eventually, in a bid to save King Mswatis face, Dlamini was forced to resign.

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But, King Mswati did not send Dlamini to the political wilderness. In 2008 the King appointed him to be PM once again. King Mswati, who is sub-Saharan Africas last absolute monarch, did this in contravention of the Swaziland Constitution of 2005 that he had signed into law. The Constitution states that the Prime Minister must be a member of the House of Assembly. At the time he was chosen Dlamini was not a member of the House. In the past Dlamini had sat in six parliaments but had never been elected by anyone. In 2008, when introducing Dlamini as the new PM, King Mwsati told him publicly to get the terrorists and all who supported them. Dlamini set about his task with zeal. He banned four prodemocracy organisations, branding them terrorists. His Attorney General Majahenkhaba Dlamini told Swazis affiliated with the political formations to resign with immediate effect or feel the full force of the law. Under the Suppression of Terrorism Act (STA), enacted the same year Dlamini came to power, members and supporters of these groups could face up to 25 years in jail. Under the draconian provisions of the STA, anyone who disagrees with the ruling elite faces being branded a terrorist supporter. The Attorney General Majahenkhaba Dlamini stressed that the government was after supporters of the banned organisations. Supporting an organisation, he said, includes associating with such banned formations.

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This happened at a time when the call for democracy in Swaziland was being heard loudly both inside the kingdom and in the international community. Since 2008, the Dlamini-led Government has clamped down on dissent. In 2011, Amnesty International reported the illtreatment, house searches and surveillance of communications and meetings of civil society and political activists. Armed police conducted raids and prolonged searches in the homes of dozens of high profile human rights defenders, trade unionists and political activists while investigating a spate of petrol bombings. Some of the searches, particularly of political activists, were done without search warrants. Amnesty reported that authorities continued to use the STA to detain and charge political activists. The STA was also used as a basis for search warrants and other measures to intimidate human rights defenders, trade unionists and media workers. In 2010, Dlamini publicly threatened to use torture against dissidents and foreigners who campaigned for democracy in his kingdom. He said the use of bastinado', the flogging of the bare soles of the feet, was his preferred method. Dlamini told the Times of Swaziland newspaper he wanted to punish dissidents and foreigners who come to the country and disturb the peace. This week, Dlamini said publicly that he would ignore a vote of confidence passed against him and his government by the House of

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Assembly. Under the Constitution he had three days to resign or the King would be required to sack the Cabinet. The deadline has passed and King Mswati has made no move against Dlamini.

CONSTITUTIONAL CRISIS: WHERE NOW? A constitutional crisis may be looming in Swaziland after the House of Assembly voted to sack the Government. The Swazi Constitution of 2005 requires King Mswati III, subSaharan Africas last absolute monarch, to comply with the vote, but expectations are that he will not do so. Reports from the kingdom suggest that he has been in talks with advisers to find a way to ignore the vote and allow the government he personally handpicked to remain in power. His supporters have been deliberately confusing people about the validity and significance of the vote, especially as it relates to the Constitution, so here is a summary of what has been happening this week and what the Constitution really says on this issue. On Wednesday (3 October 2012) the House of Assembly passed a vote of no confidence in the Government with 42 members in favour, six against and two abstentions. This total was more than the three-fifths of all members of the House required for S68 (5) of the Constitution of 2005 to kick in.

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This clearly states that where a resolution of no confidence is passed on the Cabinet by three-fifths of all members of the House the King shall dissolve Cabinet. There is a slight complication, however, because S134 (5) (b) of the same Constitution also states, where the House passes a resolution of no confidence in the Government of Swaziland and the Prime Minister does not within three days after that resolution resign, the King may dissolve Parliament or Cabinet. This goes further than S68 (5). It gives the King the option to not only sack the Government but also the entire Parliament. But, it is clear that the House of Assembly in its vote this week never intended for the whole of Parliament to be sent home, so the Kings choice in this case is clear: sack the Cabinet but not Parliament. S134 also allows a three-day period in which the sacked government can honourably resign and clear its collective desk. In the present situation Prime Minister Barnabas Dlamini made it clear from the moment the no-confidence vote passed that he had no intention of resigning. The three days deadline has now passed so there is no reason for further delay on the part of the King. Supporters of the Government have been trying to suggest that the House of Assembly vote is invalid because the vote of the House alone is not enough to sack the government: the Senate must also vote. This is not the case. Sections 94 and 95 of the Constitution clearly differentiate between the roles of the Senate and the House of Assembly. Both S68 and S134 when dealing with votes of no-confidence clearly state it is the vote 318

of the House of Assembly that counts. So, in the present situation, the Senate has no say. The Swaziland Governments Attorney-General Majahenkhaba Dlamini claimed the vote was invalid because members of the House had censured the Government over its handling of the telecoms parastatal SPTC, when courts had already ruled on the matter - and forced the government's hand. Thereby, he argues, the Cabinet has done no wrong. Others, including the Swaziland Coalition of Concerned Civic Organisations and the Constituent Assembly, say the House of Assembly was not only commenting on the telecommunications industrial issues but on the underperformance of the Cabinet and government as a whole. In reality, it does not matter what were the motives of members of the House when passing the vote. The fact alone that the motion has been passed is all that matters when considering the present Constitutional position. So what happens now? If King Mswati really believes in democracy as he says he does, then he must follow the Constitution and sack the Prime Minister and Cabinet. But, that will not be an end to the crisis. In Swaziland, where all political parties are banned, there is no alternative government. The present government was picked by the King. He appointed the present PM in 2008 in contravention of S67 (1) of the Constitution that states the king shall appoint the Prime Minister from among members of the House, but Barnabas Dlamini was not a member of the House and had not been 319

elected to any office. The King simply decided to ignore the Constitution and put his own man in the job. Members of the Cabinet were also appointed by the King, with S67 (3) only requiring that at least half the Cabinet ministers have been elected to the House. This leaves scope for more of the Kings placemen to be appointed. The lack of political parties in Swaziland means there is no official opposition as is common in parliamentary democracies and therefore there is no government in waiting. The best the Swazi people can hope for is that King Mswati will sack the present government and replace it with people very much like those who have been deemed to have failed.

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Newsletter 274 19 October 2012

CONSTITUTIONAL CRISIS SPECIAL 3

GOVT NO-CONFIDENCE VOTE REVERSED The Swaziland House of Assembly has reversed its vote of no-confidence in the government, amid great controversy. On Monday (15 October 2012) after an eight-hour debate members rescinded a vote that had taken place two weeks earlier. That vote, by a three-fifths majority of members of the House, was enough to force the cabinet to resign, in line with Section 68 (5) of the Swazi Constitution. The first vote had cause a political crisis because the government, led by Prime Minister Barnabas Dlamini, refused to resign and King Mswati III did not sack him, as he is required to do under the Constitution. Last weekend it was reported that the king, who is sub-Saharan Africas last absolute monarch, was furious at the vote of no-confidence and he refused to see the Speaker of the House on the matter. It was widely interpreted that because the king did not accept the votes outcome, a reason would be found to declare it void.

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Within days of this, the House met on Monday to reverse the original vote. Only 32 members of the House were present for the vote and this fell short of the three-fifths majority the original vote enjoyed. There are 65 members of the House and the 32 present for the vote was only two members over the minimum number who must be present for the House to be quorate. The votes on Monday were not recorded; Speaker Prince Guduza used the Aye or Nay voting principle to decide the outcome, so the exact numbers who voted for the reversal can never be known. There are doubts about the legality of Mondays vote. The Times of Swaziland, the kingdoms only independent daily newspaper, reported that on Monday the Attorney General, Majahenkhaba Dlamini had not been able to tell the House on Monday what instrument was being used to allow the vote to go ahead. Chairman of the Lawyers for Human Rights Swaziland Mandla Mkhwanazi reported in the Times,said, My view is that if it takes two to tango, it should also take two to un-tango. By this I mean that since it took a three-fifths majority for the vote to be passed, it should also take the same number of votes to reverse it. See also KING WONT ACT ON NO-CONFIDENCE VOTE

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TOP LAW OFFICER DEFIES CONSTITUTION Swazilands Attorney-General Majahenkhaba Dlamini has said that the Government decided not to follow the constitution when it succeeded in having a no-confidence vote against it overturned. Dlamini who supports the government action said that although the preamble to the Swazi constitution states, Whereas all the branches of government are the Guardians of the Constitution, it is necessary that the courts be the ultimate Interpreters of the Constitution, the government decided not to go to court but simply to demand a re-run of the vote. He told the Times of Swaziland newspaper, Government decided not to go to court, but even this route to rescind the vote is valid. Government could have gone to court but decided against it. Politics in Swaziland has been in turmoil for the past two weeks since the House of Assembly passed a vote-of no confidence in the government by a majority greater than three-fifths. According to the constitution, when this happens the government must resign within three days. Failing this the constitution obliges the king to sack the government. The government neither resigned, nor did King Mswati III, who is sub-Saharan Africas last absolute monarch, uphold the constitution. Prime Minister Barnabas Dlamini, who was not elected to parliament but personally appointed to his position by King Mswati,

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refused to recognise the no-confidence vote. He claimed that correct procedures had not been followed before the vote. On Monday (15 October 2012), the government forced a rerun and the no-confidence vote was overturned. This time only 32 of the 65 members of the House of Assembly were present. No vote was counted, so it is impossible to know how many supported the motion. It has emerged that some members of the house who were opposed to overturning the vote were denied the chance to make submissions on Monday and staged a walkout. The Government has been under severe criticism for forcing through the vote with lawyers in the kingdom claiming that it had no constitutional right to do so. They say only the courts can interpret the constitution, not the government. When questioned on this point the AG recognised that the constitution made this clear in its preamble. Government could have gone to court but decided against it, he told the Times. He said the government relied on parliamentary standing orders. He attacked the lawyers who opposed the government action. They dont know what theyre talking about. All Im saying is that some of these lawyers know nothing. I dont know where they got the notion that you cant rescind a motion. He went on: The rescinding is allowed by standing orders. Advocate Lucas Maziya said it was unheard of that parliament standing orders could overrule the constitution. Another lawyer, Titus 324

Mlangeni, said that once a vote of no-confidence had been passed in the house it could not be reversed.

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Newsletter 275 26 October 2012

POLITICAL CRISIS: FACTS REMAIN HIDDEN The political crisis in Swaziland continues into a third week after a vote of no-confidence in the Swazi Government was passed and then reversed 12 days later. According to the constitution, the government should have resigned or been sacked by King Mswati III after the first vote but neither of these things happened. Instead, the government forced a revote which it won. There is no legal reason why the revote was allowed and for the constitution to be ignored. Swaziland is not a democracy and King Mswati rules as subSaharan Africas last absolute monarch. It seems that he refused to accept the vote and this set in place a chain of events that led to it being overturned. Freedom of speech is severely curtailed in Swaziland and people are fearful of talking publicly about what has really been happening in Swaziland in the recent past. They are particularly fearful of being seen to criticise King Mswati no matter how mildly they do it. This fear makes it difficult to get people to talk on the record about what has caused the present political crisis and who is to blame for

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it. But this is what Swazi Media Commentary has managed to piece together so far. On 3 October 2012, by a vote of 42 in favour and six against, the House of Assembly passed a no-confidence motion in the government this was more than the three-fifths majority (39 votes) of the House membership needed to trigger the constitution. According to sections 68 and 134 of the Swaziland Constitution, the government had three days in which to resign. If it did not, the King was obliged by the constitution to sack the Prime Minister and the cabinet. At midnight on the day of the no-confidence vote PM Barnabas Dlamini held a press conference to announce that he did not recognise the vote and he would not resign. Three days then went by but King Mswati III did not sack the government. By protocol, when the House of Assembly makes a decision, it has to be personally conveyed to the king by the Speaker of the House. In this case King Mswati refused to meet with Speaker Prince Gaduza. This meant that officially the king did not know about the vote of noconfidence and therefore he felt he did not have to act. This gave time for the kings advisors from the Liqoqo (Swaziland National Council) to meet to decide what they should advise the king about the no-confidence vote. They were not prepared to allow the vote to stand so they looked for excuses to ignore it. The kings advisers are all traditionalists and are

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in charge of interpreting Swazi Law and Custom. The laws and customs are administered by chiefs who rule over their subjects in the name of the king. The laws and customs operate outside of the constitution. It is not in the interests of the traditionalists to have their actions subjected to constitutional law. King Mswati always decides which motions from the Swaziland Parliament he wishes to support and those he does not. He did not wish to support the no-confidence vote. He has also on numerous times in the past sent instructions to Parliament on actions he wishes them to take. They always without discussion or hesitation do as he tells them. The Parliament made up of the House of Assembly and the Senate, therefore, cannot be seen as an institution independent of the monarchy. King Mswati had personally appointed Dlamini as Prime Minister in 2008 in contravention of the Constitution which states that the PM must be a member of the House of Assembly. Dlamini was not. He came into parliament specifically at the kings instruction to be PM. The government was also chosen by the king. Therefore, to criticise the performance of the PM and cabinet can also be seen as criticism of the kings choices. When it became clear that King Mswati would not support the vote of no-confidence, Dlamini felt confident enough to insist that a new vote be taken by the House to over-turn it. This vote was held and passed on 15 October 2012. But, the PM did not have the confidence that he would win by a respectable margin. Only 32 members of the 65-stong House voted and 328

nocount was taken. Instead, the Speaker simply relied on a shout of Aye or Nay from the members present. We will never know how many voted for the reversal of the no-confidence vote. But, with only 32 members of the 65-strong House present the vote could not have been three-fifths (39) of the total membership of the House. According to standing orders there have to be at least 30 members of the House present for a vote to be taken. During the rerun of the vote some members left the chamber taking the number below 30. The Deputy Prime Minister Themba Masuku left the chamber to search for missing members and found some of them relaxing in the canteen watching the proceedings on a monitor. The MPs say the DPM bullied and threatened them to return to the chamber. He denies this and says he simply lobbied them back into the chamber. They did, however, return. After the vote, accusations have been published in Swazi local newspapers that some members were either threatened or bribed to support reversing the no-confidence vote. Reports say some were promised high office or cash to help them get re-elected in next years national election. Immediately the revote was taken, civil society organisations, pro-democracy activists and lawyers in Swaziland protested that it was unconstitutional and that the government had no right to force a re-vote: only a court could do so. The Attorney General Majahenkhaba Dlamini in a newspaper interview agreed that the constitution did indeed say the court was the place to go to get clarity on the constitution, but that government had decided not to do so. 329

The Law Society of Swaziland has said it will challenge the revote in court. KING IN ALMOST ABSOLUTE CONTROL The on-going political crisis in Swaziland shows the king continues to enjoy almost absolute control over the country, Freedom House has said. The House of Assembly passed a vote of no-confidence in the government and according to the Swazi Constitution King Mswati III should have sacked the government, but he did not. Instead, pressure was put on members of the House and after 12 days of uncertainty they reversed the decision in a controversial vote. Freedom House in a statement said the actions of the king, who is sub-Saharan Africas last absolute monarch, and the government he appointed, demonstrate a lack of consideration for the rule of law and the authority and independence of Swazilands governing institutions, including the House of Assembly, as written in the Constitution. It added, This repeal, and the blatant disregard by the king for countrys constitution, epitomizes the increasing deterioration for the rule of law and respect for democratic governance in the country. Freedom House said civil society throughout Swaziland has condemned the vote, accusing King Mswati III of ignoring his constitutional responsibilities and unlawfully supporting his political ally, the prime minister.

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See also POLITICAL CRISIS: FACTS REMAIN HIDDEN CONSTITUTION EXISTS MERELY ON PAPER

PAPER DISTORTS STORY TO PROTECT KING The Times Sunday, an independent newspaper in Swaziland, distorted a story about UK Prime Minister David Cameron and freedom and democracy in the kingdom, to deflect criticism away from King Mswati III. The newspaper carried a report this week (21 October 2012) saying that Cameron had responded to a petition from the Swazi Vigil, a prodemocracy group in the UK. According to the Times Sunday, the petition read in part, Exiled Swazis and supporters urge you to put pressure on (the Swazi government) to allow political freedom, freedom of the press, rule of law, respect for women and affordable AIDS drugs in Swaziland. The newspaper inserted the words the Swazi government into the petition to make it seem that it was Prime Minister Barnabas Dlamini and his cabinet that was being criticised. In fact, the petition sent to Cameron in May 2012 actually read, Petition to the British Government: Exiled Swazis and supporters urge you to put pressure on absolute monarch King Mswati III to allow political freedom, freedom of the press, rule of law, respect for women and affordable AIDs drugs in Swaziland. 331

The Swazi Vigil made it very clear that it was criticising absolute monarch King Mswati III. The Times Sunday and other media in Swaziland, where King Mswati rules as sub-Saharan Africas last absolute monarch, constantly mislead their readers and audiences about how King Mswati is viewed outside his kingdom. In May 2012 there was widespread criticism against King Mswatis invitation to join a lunch in London to mark the Diamond Jubilee of Queen Elizabeth IIs reign. There were street demonstrations in London against the king and prodemocracy campaigners drew attention to the lack of freedoms in Swaziland and the lavish lifestyle the king enjoys, while seven in ten of his subjects languish in absolute poverty, earning less than US$2 a day. Inkhosikati LaMbikiza one of the kings 13 wives who accompanied him to the lunch wore shoes costing 995 (US$1,559), the equivalent of more than three years income for 70 percent of Swazi people. The total cost of the Kings trip was estimated to be at least US$794,500. The Times, the companion paper to the Times Sunday, reported at the time that Inkhosikati LaMbikiza had rave reviews from the Daily Mail newspaper in London for her dress sense, but omitted to say the same newspaper also reported, Guests from controversial regimes include Swazilands King Mswati III, who has been accused of living an obscenely lavish lifestyle while many of his people starve. There was similar criticism a year earlier in April 2011 when King Mswati went to the wedding of Prince William and Kate Middleton. 332

The Times newspaper in South Africa reported at the time, The controversial absolute monarch, whose country is ranked among the poorest in the world, spent much of this week playing hide-and-seek with prodemocracy demonstrators tailing him across London. The king was forced to change his hotel to avoid pickets. The Swazi media failed to report any of this, but did say that King Mswati had been welcomed by business people in the UK. Cameron told the Swazi Vigil he would pass on their petition to the relevant UK Government department. See also PICKETS PROTEST AT KINGS VISIT LONDON PROTEST TO GREET SWAZI KING UK SPEAKS OUT ON SWAZI RIGHTS

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NOVEMBER

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Newsletter 276 2 November 2012

NEW ACHIEVEMENT BY SNEMA (By Cebisamadoda Bernard Nxumalo and Klaus Kristensen, Africa Contact) Swaziland National Ex-Mineworkers Association (SNEMA) has once again served its members and their communities well. In 2009, Swaziland experienced how the ex-mineworkers union were able to take the Swazi government to court and win, in a case about the constitutionally promised free primary education. Even though the Supreme Court turned the verdict down later on, it stands to prove that SNEMAs old men has substantial influence, commitment and rights awareness to hold the government responsible. The members of SNEMA have many occupational health issues: stone lunges, pneumonia, HIV/AIDS, old prostheses that need replacement etc. Health issues that are the result of working in the mines of South Africa. Many con men have cheated individual ex-mineworkers to travel to South Africa for medical checks. They were charging them an outrageously high fee just for helping them to South Africa, without the ex-mineworkers ever seeing a doctor. Since formation, SNEMA addressed these issue by advocating for medical examinations and care to its 335

members in Swaziland, so that their illnesses will be taken care of in proper fashion. Now, SNEMA has provided some of their members with medical check-ups, which the government has been neglecting. From the 22nd to the 24th of October, a group of doctors visited the communities of the exmineworkers to perform the medical examination. The doctors were provided for by the South African Rand Mutual Assurance Company after years of pleading from SNEMA. The South African Ministry of Health has furthermore promised to bring doctors to Swaziland for on-site medical examinations of ex-mineworkers. The examinations, both current and future, will be executed under the Swaziland Mineworkers Development Project (SMDP), which is an initiative between the Swaziland ExMineworkers Association (SNEMA), Ministry of Labour & Social Security and Mineworkers Development Agency (MDA). This is a victory for SNEMA, because it is one of the demands we had. says project coordinator Cebisamadoda Nxumalo.

UK CALLS FOR PARTIES TO BE UN-BANNED The UK Government has called for political parties to be un-banned in Swaziland and for them to be allowed to contest national elections next year. UK Foreign Office Minister Mark Simmonds told the House of Commons yesterday (30 October 2012), the UK continues to urge the 336

Government there [Swaziland] to ensure that all political parties are able to operate freely and participate in the elections scheduled for September 2013. We believe that the people of Swaziland want political parties and we call on the Government there to respect their wishes. Simmonds was responding to concerns raised by MP James Duddridge that the UK was not doing enough to encourage King Mswati III, sub-Saharan Africas last absolute monarch, to be a little more sympathetic and tolerant of the existence of political parties. Simmonds added, I can also confirm that our high commissioner will be visiting Swaziland in November to participate in discussions and will use the opportunity to underline the UKs concerns about the current political and economic environment and press for reform. Duddridge, at one time worked at Barclays Bank in Swaziland with Mario Masuku, the President of the Peoples United Democratic Party (PUDEMO), an organisation banned by King Mswati.

TUCOSWA CASE TO BE HEARD ON 15 NOVEMBER 2012 (Statement: Centre for Human Rights and Development,Swaziland) The case involving the deregistration of the Trade Union Congress of Swaziland (TUCOSWA) will be heard on 15 November 2012, the Industrial Court pronounced this morning. In this case the Swaziland government is seeking an order declaring the registration of TUCOSWA unlawful. 337

The organization is represented by human rights lawyer Mr. Thulani Maseko who pleaded with the court to hear the matter urgently since it pertains to the fundamental rights of workers. Mr. Maseko argued that it is at the best interest of workers, employers and government that the matter be heard and finalized soon. He cited section 4 of the Industrial Relations Act 2000(as amended) which lays out the purposes of the Act amongst which is the promotion of harmonious relations and freedom of association and expression in labour relations. The Swaziland government challenges the registration of the organization on the basis that the Industrial Relations Act does not include organizations such as federations. This is despite the Act having several provisions with the word federation. For example, section 2 of the Act defines a federation as a body registered in terms of the Act which is comprised of employers and or a combination of employers associations, trade unions or staff associations. Furthermore, section 2 defines the terms office and officer in the context of federations. When the court sits on the 15th, the TUCOSWA will be arguing that it was properly registered as the Act includes the registration of federations. On another note it transpired during the hearing that the parliament Swaziland is in the process of amending the Industrial Relations Act to expressly include the registration of workers federations. This will however mean that if judgment is issued against TUCOSWA then the union will have to reapply to register under the new

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Act in which case the government has an option to allow or deny the registration. TUCOSWA was able to successfully merge the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL) to bargain collectively for workers rights in Swaziland. The deregistration of TUCOSWA was necessitated by the vibrancy of the organization and the huge support it had both local and international. The case comes at a time when many Swazis are calling for the unbanning of political parties and their participation in the upcoming 2013 national elections. The government has continued to silence dissenting voices and disregard the Constitution. Last month members of parliament passed a vote of no confidence on cabinet ministers which was later withdrawn due to defiance by the ministers. ALERTS@DignityFirst is a periodic update on global issues touching on human rights, good governance and democratisation, issued by the Centre for Human Rights and Development operating out of Swaziland (www.dignityfirst.org). Recipients are urged to circulate information and share with colleagues in their networks. FUNDAMENTAL FREEDOMS CONTINUE TO BE CURTAILED IN SWAZILAND (Statement: Centre for Human Rights and Development Swaziland) The full realization of fundamental rights and freedoms continue to be a myth in Swaziland as the Swaziland government is in the 339

process of adopting a code of practice for protesters. According to the Times Sunday, this code is allegedly being drafted in conjunction with the International Labour Organization (ILO) and trade unions. With the code, the government seeks to regulate protected protest and industrial actions. Once promulgated, it will be adopted as an amendment to the Public Order Act of 1963 which ILO and the international community have called for review. The Public Order Act regulates the holding of public meetings in Swaziland and requires police permission for the holding of certain categories of meetings and authorizes the police to control or prevent public meetings. The order authorizes among others the gathering or assembly of members of lawfully registered trade unions solely for purposes of that trade unions lawful activities. Also the Act permits a gathering convened and held exclusively for social, cultural, charitable, recreational, religious, professional and commercial or industrial purposes. It is important to note that the Act does not include meetings or public activities for political purposes and as a result of this deficiency many political activists and members of political parties have been arrested in the past for engaging in such meetings. This Act has also been used by the government to restrict labour movements from holding public gatherings and protest marches for collective bargaining. The government has intensified restrictions on freedom of association and assembly in the past few years despite the constitution which guarantee same. According to section 24 of the Constitution, a person has a right to freedom of expression and opinion and such shall 340

not be hindered without the free consent of such person. Furthermore, the Constitution guarantees the rights to freedom of assembly and association in section 25. Under the proposed code workers would be required to obtain permission of the route they will use for their protest from the municipality and further notify the police of the starting time and the estimated number of participants. Notably is the discretion that is vested on the police to determine if a protest action will be a danger to public peace and deny permission for holding such event. According to the code, the police have a general duty to uphold the law and may intervene if there is reasonable apprehension of breach of peace and particularly if there is anticipated violence. In Swaziland, the police have been very brutal on protesters resulting to deaths and severe injuries. Workers have been beaten and arrested by the police for wearing and carrying promotional material for the Trade Union Congress of Swaziland (TUCOSWA) which was deregistered by the Swaziland government early this year. The Swazi government has used the police and other security agents to intimidate and punish protesters who challenge the current regime. During Swazilands human rights status review in March this year, the international community recommended that the Public Order Act and other repressive laws be reviewed to allow the enjoyment of fundamental freedoms. This proposed code is therefore nothing but a reaffirmation of the Public Order Act since it does not include activities by political parties and bestow a wide discretion on the police. If the code is eventually adopted by stakeholders we anticipate the continued refusal by the police 341

and local authorities to grant permission for protest marches and the strategic deployment of mass security agents who at times even outnumber protesters. FALSE CLAIM OVER SWAZI KINGS SACRIFICE The claim by Swaziland Finance Minister Mazozi Sithole that King Mswati III has asked him to freeze the Royal budget so he can help his subjects during the present economic crisis has rightly been met with suspicion by observers of the kingdom. The Times of Swaziland reported that Sithole told CNN that the King wanted to do his bit to help his kingdom that is facing economic meltdown. Sithole was reported by CNN saying, I brief him [the king], he has concerns and he will, as he did this year, say whatever you work dont even increase my budget because I understand the fiscal situation. What CNN and the Times did not report was that in the Swazi national budget introduced in February 2012 King Mswati and his royal family continued to receive E210 million a year from the Swazi taxpayer for their own use. This was the same amount they got in the financial year 2011/12, but was an increase of 23 percent over 2010/11 and a whopping 63 percent compared with what the king took from his subjects in 2009/10. But Sithole failed to point out that in the 2012 budget as well as R210 million for the king, a further R250 million was provided for various 342

royal projects, including the refurbishment of state houses, the maintenance of roads to palaces and royal security training. The king's office, which manages the royal trust fund and business arm Tibiyo -- which is not taxed and does not use its profits for ordinary Swazis was given R5 million, up from the R70,000 it was given the previous year. Observers note that the king, who is sub-Saharan Africas last absolute monarch, has had many chances in the past to cut back on his spending and reduce the amount of money he takes from his subjects, but so far has in fact increased his budget, rather than reduced it. In 2011 as Swaziland hurtled towards financial meltdown Sithole in his budget demanded 10 percent budget cuts (later increased further) from government departments, but in the same budget the amount of money given to the king increased by 23 percent. All this is happening while seven in ten of Swazilands tiny 1 million population live in abject poverty earning less than US$2 a day; three in ten are so hungry they are medically diagnosed as malnourished and the kingdom has the highest rate of HIV infection in the world. Despite the poverty of the kingdom, King Mswati continues to live a lavish lifestyle. He has 13 palaces, fleets of top-of-the-range Mercedes and BMW cars and at least one Rolls Royce. Earlier this year he acquired a private jet, estimated to cost US$17 million. He refused to say who had paid for it, leading to speculation that the money came from public funds.

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The king continues to travel abroad in style. In May this year he went to London to visit Queen Elizabeth II for lunch on a trip estimated to cost US$794,500. The previous year he was in London with a party of 50 people for the wedding of Prince William and Kate Middlelton, staying at a US$1,000 per night hotel on a trip that was also estimated to cost US$700 000 for the hire of a private jet to take the king and his party from Swaziland to the UK. Earlier this year Queen LaMotsa, the second of the kings wives, stayed at a Johannesburg hotel on a personal trip at a cost of US$60,000 a month. In July 2012, some of the kings 13 wives went on a shopping trip to Las Vegas, where 66 people reportedly stayed in 10 separate villas each costing US$2,400 per night. The party were reported by South African newspapers to have travelled by private jet which might have cost US$4.1 million. In August 2009, five of King Mswatis wives went on a shopping trip through Europe and the Middle East that cost an estimated US$6 million. In 2009, Forbes magazine estimated that King Mswati himself had a personal fortune worth US$200 million. Forbes also said King Mswati is the beneficiary of two funds created by his father Sobhuza II in trust for the Swazi nation. During his reign, he has absolute discretion over use of the income. The trust has been estimated to be worth US$10 billion.

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King Mswati also holds in trust for the Swazi nation the profits of Tibiyo Taka Ngwane, an investment fund with extensive shares in a number of businesses, industries, property developments and tourism facilities in Swaziland. This money is supposed to be used for the benefit of the people but the vast majority is actually used for the kings own personal use. All of the above are things that King Mswati has actually done. All the trips and spending are verifiable, they are not the figments of the collective imaginations of anti-Swazi forces. So, we have no reason to believe Sithole when he says the king is about to make sacrifices for his people. Indeed, we will find out more soon enough where the kings feelings really are the next national budget in Swaziland is due in three months time in February 2013. See also IMF CALLS FOR SACRIFICE FROM KING NO SACRIFICE FROM KING MSWATI

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Newsletter 277 9 November 2012

HARASSMENT CONTINUES FOR WOMEN (Statement: the Centre for Human Rights and Development, Swaziland) The plight of women in Swaziland is far from over as parliamentarians opposed the protection of women from stalking. Senators were discussing the longstanding Sexual Offences and Domestic Violence Bill of 2000 yesterday. The proposed law seeks to protect among others women from unlawful stalking. The senators argued that stalking was part of social cultural norms hence proscribing it will violate the culture of Swazis. According to the Times of Swaziland (8 November at page 5) one senator decried the criminalization of forced marriages saying that such custom was more important as it ensured that a girls father was able to benefit from his daughters marriage since the girl would be given to a man who has cattle to pay lobola. Culture has continued to be used as a shield to condone the violation of human rights in Swaziland. During this time of the year a group of men identifying themselves as members of thewater party,( a group of men who are commissioned by royalty to traverse the country ahead of the annual incwala ceremony), go around the country harassing

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and imposing fine on women who are not properly dressed according to Swazi cultural norms. This is despite the Constitution guaranteeing the protection of women from deleterious customs. The Swazi Constitution also contains equality and non-discrimination clauses which ought to serve as a yardstick for the treatment of women. Swaziland is party to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and other regional and international human rights instruments having a bearing on women, hence the continued violation of women rights on the basis of culture demonstrates the country failure to comply to its international obligations. During Swazilands human rights review session in March this year, several recommendations were made regarding the protection of women which Swaziland accepted and undertook to take action. It is disheartening to see parliamentarians openly condoning discriminatory customs as one would have hoped to see positive action being taken to eliminate such practices.

IMF REPORTS GOVT ECONOMIC FAILURES Swazilands Government has failed to improve the economy in any appreciable way and cannot pay its bills. This means immediate public

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expenditure cuts are needed if the government is to meet the budget targets it set itself in February 2012. These are the latest findings of the International Monetary Fund (IMF), which has just finished a visit to Swaziland. The IMF has been assisting the government to get the economy back on track after years of neglect by successive governments, all handpicked by King Mswati III, sub-Saharan Africas last absolute monarch. Even though the Swazi Government created its own plan for what it called fiscal adjustment, which included reducing public expenditure and cuts in public sector jobs, it has done next to nothing to implement the plan. Now, the IMF has spelled out the consequences of this inaction. In a statement following its visit, the IMF said the government would find it difficult to pay its bills this year, without increasing domestic borrowing. It also said that one reason for this was that the government had increased spending this year on security. The governments failure to pay its suppliers had meant that small businesses in the kingdom had suffered and been forced to cut down their operations, it said. The IMF said for the government to meet its own financial plan it needed an upfront reduction in the wage bill of 300 million emalangeni, (US$38 million) [and] additional cuts in non-priority recurrent expenditures.

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The IMF pointed out, These cuts will require sacrifices by all segments of Swazi society, but the basic needs of the most vulnerable should be protected as far as possible. This is not the first time the IMF has stressed that some people in Swaziland are wealthy, while others are poor, and the better-off should make a greater sacrifice for the common good. In November 2011, Joannes Mongardini, leader of the IMF mission to Swaziland, suggested to the BBC that even King Mswati and the Royal Family should play their parts by reducing their budgets. Nothing happened, although in October 2012 Swazi Finance Minister Majozi Sithole told the media that King Mswati was prepared to peg the amount of money he takes from the Swaziland budget and not increase his budget in future years. This statement was received with widespread scepticism, since the king continues to spend the Swazi peoples money on luxuries for himself. In its most recent statement, the IMF also said the government would have to make further cuts in the 2013 2014 national budget, including cuts in what it called non-priority spending. It added, Capital projects should be prioritized and funded based on maximizing their impact on economic growth and poverty alleviation. This implies that projects such as the Sikhuphe International Airport that is at least two years behind schedule for completion would not get any more money. This is unlikely to be the case, because even though the airport has been widely criticised as unnecessary and a white

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elephant it is supported by King Mswati, to the extent that outside of Swaziland, the airport is often referred to as the kings vanity project. The IMF restated a point it has made for many years that many of Swazilands economic problems were not related to the global economy, but were situated within Swaziland. It said, Growth in Swaziland has been weaker over the last ten years than in other SACU [Southern Africa Customs Union] countries. This is associated with high unemployment, widespread poverty, rising inequalities, and the highest HIV/AIDS prevalence rate in the world. A poor business climate and the lack of competitiveness are key obstacles to attaining higher sustainable growth and creating jobs. See also WHY IMF MUST DITCH SWAZILAND

CALL FOR LAW TO BAN HATE SPEECH One of Swazilands most vocal pro-democracy groups has called for a new law to ban hate speech against homosexuals. The call by the Swaziland Solidarity Network (SSN) follows a debate in the Swazi House of Assembly in which MP Aaron Sotsha Dladla called for gays and lesbians to be outlawed in the kingdom.

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Dladla said a new law should be put in place to deal with this mushrooming anti-social behaviour of gays and lesbians. He went on to make a number of disparaging comments about homosexuals. The Swazi Observer reported him saying, We must first pass a law that will ban this practice before it takes root. Anyone found breaking that law should be dealt with severely. The SSN responded in a statement by calling MPs and members of Swazilands ruling elite ghastly hypocritical because, it said, some of them were themselves closet homosexuals. It also claimed a prominent member of the Swazi Royal Family was a lesbian. Gays and lesbians are routinely victimised in Swaziland. In November 2011, Chief Mgwagwa Gamedze, the Minister of Justice and Constitutional Affairs, said Swaziland would not give human rights to gay people, because they did not exist in the kingdom. He was responding to criticism of Swaziland by a United Nations (UN) working group on human rights that said the kingdom should enact equality laws for LGBT (lesbian, gay, bisexual and transgender) people. A group called HOOP (House of Our Pride), a support group for Gay, Lesbian, Bisexual, Transgender and Inter-sex (GLBTI) people, reported to the UN, It is a common scene for GLBTI to be verbally insulted by by-passers in public places. [There is] defamatory name calling and people yelling out to see a GLBTI persons reproductive part are some of the issues facing GLBTI in Swaziland.

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Faith houses have been known to discriminate against GLBTI, advocating for the alienation of GLBTI in the family and society, while maintaining that these GLBTI are possessed by demons. HOOP also said GLBTI people were often discriminated against at work and there had been well known cases of this. In one of the first reports of its kind detailing sexual orientation discrimination in Swaziland, HOOP revealed, GLBTI are hugely discriminated against in the community, as they are not recognized at community meetings and their points are often not minuted at these meetings nor are they allowed to take part in community services. Police often ridiculed GLBTI people if they reported they had been victims of violent crime. A good example of such practices is in the on-going case of a well-known GLBTI in Swaziland, Patricia Dludlu, who is currently in incarceration for a different offence but is constantly ridiculed by the media and police because of her sexuality. See also GAY PREJUDICE RIFE IN SWAZILAND

WHY PM DLAMINI SHOULD QUIT NOW The statement from Swaziland Prime Minister Barnabas Dlamini that he does not want another term in office deserves to be met with belly laughs.

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Dlamini told an audience in Manzini, I am not determined to serve another term in office. According to the Times of Swaziland, he added he would not campaign in next years elections. Observers of Swaziland and Dlaminis record saw through the hollowness of his statement immediately. First up, he never took part in an election in 2008 when he was appointed to office by King Mswati III, in defiance of the kingdoms constitution. It states the PM must come from the House of Assembly, but Dlamini was not elected to anything. So he never ran for election last time and it is ludicrous for him to imply that he would put himself before the voters at the 2013 election. The second reason his statement has been met with derision is that it implies that people want him to carry on. Nothing is further from the truth. Only last month (October 2012) the Swazi House of Assembly passed a vote of no-confidence in him and his government. According to the constitution, King Mswati, who is sub-Saharan Africas last absolute monarch, was obliged to sack him. Once again the king defied the constitution and Dlamini remained in office. The House vote of no-confidence was not isolated. In August 2012 the Sibaya, a rather quaint excuse for democracy in Swaziland where ordinary people gather at a cattle byre to air their views on matters of importance to them, told Dlamini and his government to quit. The people said they were corrupt and destroying the kingdom. Dlamini, who was previously PM for seven and a half years until 2003, has a long history as an enemy of freedom, who ignores the law when it suits him.

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But, he also has also shown himself to be incompetent, untrustworthy and vain. His incompetence can been seen all over Swaziland, where seven in ten people live in the grip of abject poverty, earning less than US$2 a day. Three in ten people are so malnourished they are moving from hunger to starvation and the kingdom has the worst record for the number people with HIV in the whole world. On top of that, TB and measles are at epidemic proportions in Swaziland. But, instead of putting forward policies to help the Swazi people, Dlamini has spent much of his time in office feathering his own nest. A blatant land-scam, where he and government colleagues bought for themselves land belonging to the Swazi people, only failed to go to court because King Mswati personally ordered it should not. Dlamini has also personal share-holding in companies, including Swazi Empowerment (Pty) Limited (SEL), which in turn has shares in the MTN cellphone company. This means he has a personal vested interest in many business decisions his government takes. Dlamini is untrustworthy. The most blatant example was in April 2011 when he called a press conference and lied to the media that he had secured a letter of comfort from the International Monetary Fund (IMF).This letter would demonstrate to world finance organisations, such as the World Bank and the African Development Bank, that Swazilands economy was sound and the kingdom could be trusted with loans. The news was greeted as a triumph and published all over the world. But, the letter did not exist. It was a fabrication. 354

Instead, one year later in April 2012 the IMF announced it was withdrawing support from Dlaminis government and its fiscal adjustment roadmap plan to save the economy. The IMF said Government has yet to propose a credible reform programme that could be supported by a new IMF Staff-Monitored Programme. Dlamini was also exposed as a fraud in October 2010 when he allowed his government to alter an official report for the United Nations that stated that Swaziland was behind in its efforts to meet Millennium Goals on alleviating poverty. The doctored report was changed so instead of saying the Swaziland Government was not likely to meet the target of eradication of extreme poverty and hunger it read that it could potentially meet the target. As well as being incompetent and untrustworthy, Dlamini is also vain. In October 2010 he accepted a World Citizen Award. Even though before the award ceremony took place the worlds media exposed the organisers as conmen and the award as fake, Dlamini nonetheless flew first-class with an entourage from Swaziland to the Bahamas, to accept the award. Even when he was told to his face that he had been conned, he refused to acknowledge it, humiliating both himself and Swaziland on the world stage. So, Dlamini does not want another term in office. Frankly, the Swazi people do not want to see him in office for one day more. The Prime Minister should show some integrity for once and stand down now.

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See also SWAZI PM HAS FORM AS LAWBREAKER

KINGS EMPTY BOASTS ON PROSPERITY King Mswati is at it again, offering empty boasts that he has attracted foreign business people to invest in his kingdom on a large scale, with thousands of jobs on offer for his impoverished subjects. The king, who is becoming a serial fantasist, returned to his kingdom this week from a trip to the United Arab Emirates (UAE) and Taiwan claiming that he hadsecured Taiwanese investment to build a pharmaceutical plant, a food processing plant, a bottled water plant, a cosmetics plant and a granite and marble venture which, according to a report in the Times of Swaziland newspaper, were expected to create more than 3 000 jobs. The Times also reported that the king had secured investment of E100 million to pay for the project. That figure should have rang alarm bells with the media in Swaziland because E100 million is about US$10 million -- and youd need to get a lot of bang for your bucks to build the five projects the king spoke about on that money. It seems every time the king goes on a trip to the Middle East or Taiwan he comes back with tall tales of his achievements with businesspeople. The Swazi media, who surely would tell readers that he 356

was wearing a fine set of clothes even when he was clearly buck-naked, faithfully report what he says. But, it takes no more than five minutes searching through the news archives to demonstrate that King Mswati simply tells lies. Here are some of the projects the king has promised in the past that have not materialised. In October 2009, he came back from Qatar claiming he had secured US$4.8 billion to develop a world-class facility that would store at least a three-month supply of fuel for Swaziland. Nothing happened. In the same month he said there was about US$200 million available for a facelift for the Swazi capital city Mbabane. It would have a fully fledged state-of-the-art 21st Century Civic Centre befitting a countrys capital city. It would have the tallest building in the capital which would be able to host a number of activities such as national games, business meetings, music and arts festivals. Building was due to start in 2010 and take three years. Nothing happened. For years the king has been banging on about the Sikhuphe international airport, but it is still under construction in the Swaziland wilderness. This was supposed to open in 2010 with major airlines fighting to land their planes. It has not opened. In October 2009, the king announced one of the worlds leading airlines, the UAE-based Etihad Airways, would use the airport. No deal yet. And, then there was Swazi City with its 250 shops with four floors of luxurious shopping experience; Royal Villas which would offer up to six-star accommodation facilities suitable for all type of guests; a 28357

floor hotel with 350 guest suites, world-class restaurants, three swimming areas and in-door sporting facilities, a health spa and a casino. The king announced this plan in April 2009. He said the multimillion emalangeni cost (nobody seemed able to give a definite price) would be met by international finance. He said it would be completed in three years and bring 15,000 new jobs. It wasnt and it didnt. In February 2010, King Mswati received a standing ovation at the opening of parliament when he announced that his government would spend about US$150 million over the next three years on houses for the nation. It didnt happen. The kings fantasies date back at least 15 years when he was supposed to have teamed up with another fantasist, the pop singer Michael Jackson, to bring a Netherland-style theme park to Swaziland. Media reports in 1998 said King Mswati personally met with Jackson at Disneyland in the US to get him on board. No Netherland has been built. It surely speaks volumes about how much people in Swaziland fear the king, who is sub-Saharan Africas last absolute monarch, and who has a state-apparatus ready at his disposal to crush any dissent, however mild and no matter how justified, that no one will stand up and say, King Mswati has no clothes. See also SWAZILANDS CAPITAL CITY FANTASY SWAZILANDS JOBS FANTASY 358

Newsletter 278 16 November 2012

MPS DONT UNDERSTAND CONSTITUTION For the first time it has been publicly acknowledged that King Mswati III took it upon himself to ignore a vote of confidence passed on his government by the Swaziland House of Assembly. And, it is also revealed that members of the Swazi parliament do not understand the constitution, and some may never have even read it. The House vote meant that the king should have sacked the Prime Minister Barnabas Dlamini, but he chose not to do so. Instead, the House was forced to take a second vote to overturn its earlier decision. Now, Mpolonjeni MP Nicodemus Mashwama has publicly said that parliament had no choice but to withdraw the vote of no-confidence, because the king did not accept it. The Times of Swaziland reported him saying the kings resolve on the matter automatically compelled MPs to rescind the motion. But, in giving his explanation as to why this happened, Mashwama unwittingly revealed that members of the Swazi parliament do not understand the Swaziland Constitution. The newspaper quotes Mashwama saying that the king, as the highest authority in the land, has executive powers to either implement

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or not implement the MPs resolution to axe Cabinet. He said the Kings powers are enshrined in the Constitution. But, this is not true. The constitution does not give the king any discretion in the matter. Section S68 (5) clearly states that where a resolution of no-confidence is passed on the Cabinet by three-fifths of all members of the House the king shall dissolve Cabinet. There is no discretion for the king: the constitution requires him to do it. And, there is not the slightest ambiguity in the section of the constitution. Anyone reading it cannot be confused about what it says, which suggests that Mashwama and his parliamentary colleagues have never read the constitution. But, Mashwama, told the Times that he believed the MPs vote of no-confidence on Cabinet was merely an advice to His Majesty King Mswati III. He said it was then within the kings discretion to implement the advice or not. He went on to give a completely inaccurate description of the role of the House of Assembly in the matter of the vote of no-confidence. He is reported saying, The nation has to understand that whatever MPs decided either pro or against Cabinet, they were doing that as part of emabandla (committees) advising the king. If the king decides not to accept the advice, as he may elect to do so as the highest authority in the land, he has to be respected as it is his right.

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In the issue of the vote of no confidence, the king decided to not accept the MPs advice. Protocol, as all Swazis understand, dictates that MPs had to automatically succumb or relent to the kings wisdom in dealing with the issue. Obviously the kings actions showed that he is not sanctioning the axing of Cabinet. For the sake of national progress and respect for the king, as the nations father, we just had to reverse the motion. Every Swazi, worthy of his identity, will understand that you just cant continue maintaining a stance that is against your father, said Mashwama. Mashwama again unwittingly demonstrated that King Mswati rules Swaziland as an absolute monarch. He told the newspaper that members of parliament take an oath that states clearly that they are not only serving the nation, but the king as the father of the nation. He added, It is an honest fact that we backtracked on our decision to axe Cabinet. We did this because we believe in the wisdom of the king as the father of the nation that he has the best interest of the nation by not sanctioning the removal of Cabinet.

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SWAZILAND IS NOT A DEMOCRACY. PERIOD Swazilands Prime Minister Barnabas Dlamini told the House of Assembly that MPs needed a workshop so they could understand what their responsibilities were. He told them that they did not understand the principle of separation of powers between the executive (government ministers and their departments), the legislative (parliament) and the judiciary (judges and the courts). He said parliament had an important responsibility but seemingly, it overlapped sometimes with his government, the Swazi Observer newspaper reported him saying. What he meant was he did not want parliament interfering with his decisions. The newspaper reported, Dlamini said there needed to be a clarification on the separation of powers of the three arms so that none of them got in the way for the other, thus making the operation of government smooth in as far as that was concerned. But, Dlamini fails to acknowledge that in Swaziland any workshop on separation of powers is irrelevant. This is because Section 64 (1) of the Swaziland Constitution says that the executive authority of Swaziland rests in the king as head of state. S11 of the constitution goes on to state that the king cannot be questioned in court, so this means his decisions cannot come under judicial scrutiny. Since King Mswati III has executive authority and his

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decisions cannot be overruled by the courts, this makes him an absolute monarch. This has been demonstrated many times in Swaziland, most recently last month when Prime Minister Dlamini lost a vote of confidence in the House of Assembly. According to the constitution, King Mswati was required to sack him, but he chose not to do so and Dlamini remains in power. The supremacy of the monarch is not in doubt, but it is not talked about much in Swaziland. Prime Minister Dlamini is not the only major figure in Swaziland to misrepresent the status of separation of powers; the Attorney General (AG) Majahenkhaba Dlamini did the same in January 2008, when he claimed in a speech that separation of powers were enshrined in the constitution and that the executive (government ministers) was first among equals in the three branches of government. The Swaziland Lawyers for Human Rights made several important criticisms of the AGs at the time and in doing so gave an excellent account of just how undemocratic a state Swaziland is. In a statement the lawyers said the King and iNgweyama (his Mother) had a special and revered role in Swazi traditional law and custom to such an extent that Swazi custom dictates that the King cannot tell a lie. This is not a prohibition of royal falsehoods but a statement on how truth and reality are recognized in Swazi Traditional Law.

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The King and iNgweyama also has an elevated role under the Swazi Constitution where under section 11 he cannot be questioned in court and therefore his decisions cannot come under judicial scrutiny either. Therefore it follows that our Executive is not first among equals but first among strongly weighted unequals. The lawyers continued, The Attorney General [says] that the separation of powers can be found in the constitution. We strongly contest that assertion. Separation of powers is a philosophy of providing checks and balances between the three branches of government: the executive (government ministers and their departments), the legislative (parliament) and the judiciary (judges and the courts). In theory, it distributes the power of the state between these three branches and maintains a healthy tension of oversight and accountability between them. In a democracy that practices separation of powers the ultimate power rests in the will of the people, and so parliament and the legislature become the final arbiter of how the country is governed - not the executive. We have already seen that in Swaziland the King has supreme executive authority. Let us look at parliamentary authority in Swaziland today. Section 106(a) of the Constitution says the supreme legislative authority of Swaziland vests in the King-in-Parliament.

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It goes on to state the King can appoint nearly one fifth of the House of Assembly and two thirds of the Senate. The majority of both houses is required for a bill to become law. In any case, under section 134(b), the King has the absolute authority to dissolve parliament. It is impossible to argue that emaSwati [Swazi people] have any real political power in this arrangement. We know that the real power lies with the traditional authorities and Liqoqo in advising the King. In other countries, parliamentary elections are typically closely fought and so often the people in the centre hold the balance of power. This promotes a culture of problem solving, compromise and respect for minorities. The Swazi system ensures an inbuilt majority for those who are sympathetic to traditional causes in all but the most extreme situations. Democracy is not reflected in the simple rule of the majority. It is equal access to power and influence by all. The arrangement is Swaziland is simply and clearly not democratic. The lawyers then turned their attention to the judiciary in Swaziland. Section 141 guarantees the independence of the judiciary. However, the senior judges of the country are chosen by the Judicial Services Commission.

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The majority of this commission is directly appointed by the King and his advisors. Given this fact, how independent can new judges really be? The lawyers continued, Thus we can see that the combined position of the Monarchy and its advisors directly controls the makeup of, and has the potential to manipulate the decisions of, all three branches of government. We therefore must disagree in the strongest of terms with the Attorney General that the Swazi Constitution embodies the doctrine of the separation of powers.

GOVT BANS MPS FROM THE RADIO Swaziland Members of Parliament say they are being banned from the radio airwaves by the government. They say it is because of a policy made by the Swazi Cabinet. A row erupted in the House of Assembly when MPs accused Prime Minister Barnabas Dlamini of keeping them off the airwaves. In Swaziland broadcasting is state controlled and the PM is editor-in-chief of the SBIS radio stations and the Swazi TV Channel. Dlamini said MPs could not go on air without the permission of their areas chiefs. He said it was wrong for them to just go on radio with issues which the chiefs were not even aware of.

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This is not the first time the government has been shown to be censoring the airwaves. In August 2012 it was revealed that radio stations in Swaziland would be banned from broadcasting news and information that did not support the governments own agenda. Coverage of all events was banned except those authorised by relevant authorities, according to the rules. The guidelines also bar public service announcements unless they are in line with government policy or have been authorised by the chiefs through the regional administrators or deputy prime ministers office. The guidelines say the radio stations, which fall under the control of the Swaziland Broadcasting and Information Service (SBIS), cannot be used for purposes of campaigning by individuals or groups, or to advance an agenda for political, financial popularity gains for individuals or groups. There is a long history of censorship on state broadcasting in Swaziland. Strikes and anti-government demonstrations are usually ignored by broadcasters. Sometimes live radio programmes are censored on air. In July 2011, the plug was pulled on a phone-in programme when listeners started criticising the government for its handling of the economy. Percy Simelane, who was then the boss of SBIS, and is now the governments official spokesperson, personally stormed the radio studio and cut the programme.

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In April 2011, Welile Dlamini, a long-time news editor at SBIS, challenged the Prime Minister at an editors forum meeting on why the state radio station was told by the government what and what not to broadcast. Dlamini said that at the station they were instructed to spike certain stories such as those about demonstrations by progressives and strike action by workers. The PM responded by saying editors should resign if they were not happy with the editorial policies they are expected to work with. In March 2011, SBIS stopped broadcasting the BBC World Service Focus on Africa programme after it carried reports critical of King Mswati III. In the same month, SBIS failed to cover the march by nurses that forced the Swazi Government into paying them overdue allowances. In 2010, Swazi police told SBIS it must stop allowing people to broadcast information about future meetings unless the police had given permission. Jerome Dlamini, Deputy Director of the SBIS said this was to stop the radio station airing an announcement for a meeting that was prohibited. He said, Its the stations policy not to make announcements without police permission. KING DID NOT SAVE KINGDOMS ECONOMY Swaziland Prime Minister Barnabas Dlamini has falsely stated that King Mswati III was personally responsible for saving the kingdoms economy by getting E7 billion (US$780 million) from a customs union.

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Dlamini told a gathering of Christians held at one of the kings palaces that King Mswati had personally taken action and helped the government when Swaziland was in financial crisis. The Swazi Observer, a newspaper in effect owned by King Mswati, reported Dlamini saying that the king got the money from the Southern African Customs Union (SACU). The newspaper reported him saying, It all started when the SACU rebates received by the country were drastically reduced after the country started experiencing cash flow problems. The King personally came through for government and went out to save the country from the crisis. Indeed His Majesty came back with seven billion from SACU, something which we appreciate as government, because the situation was able to stabilise. But, Dlamini was not speaking the truth. The amount of money Swaziland received from SACU was based on a financial formula that applied to all member countries of the customs union and was based on the amount of trade that had taken place in the region. Swaziland would have received its E7 billion without an intervention from the king. The International Monetary Fund (IMF) has already warned Swaziland to expect drastically less than E7 billion from SACU next year because of changes in the level of trade in the region. Dlamini made his comments at Lozitha Palace, where King Mswati himself addressed the crowd. Dlamini has much to thank the king for. King Mswati, who is sub-Saharan Africas last absolute monarch, personally picked Dlamini as 369

Prime Minister in contravention of the kingdoms constitution. Last month (October 2012), the PM lost a vote of confidence in the Swazi House of Assembly and according to the constitution King Mswati was obliged to sack him, but did not. The king then used his power to ensure that the vote of confidence was reversed so Dlamini could remain in office. Meanwhile, despite Dlaminis claim that the king saved Swaziland from its economic crisis, the IMF last week announced that the kingdom needed to make immediate expenditure cuts, including in public sector wage bills, if it was to meet budget targets set by the government for the current financial year. See also POLITICAL CRISIS FACTS REMAIN HIDDEN

BOGUS CLAIM ON AIRPORT OPENING Swazilands new airport at Sikhuphe will be open for business in early 2013, according to Bertram Stewart, Principal Secretary in the Ministry of Economic Planning and Development.But dont hold your breath. Stewart has been making claims about the opening date of the airport, dubbed King Mswati IIIs vanity project for years. And every prediction he makes turns out to be false. In October 2010, Stewart said the airport would be open by the end of that year. It wasnt. 370

Stewart was at it again in February 2011, when he confidently told media the airport would be completed by June 2011. It wasnt.He also said a number of top world airlines (that he declined to name) were negotiating to use Sikhuphe. Nothing happened. He returned to the theme two months later in April 2011 when this time he said the airport would be open by December 2011. But still no airport. Now, the Swazi News, an independent newspaper in Swaziland, reports Stewart saying Sikhuphe will start operating early next year (2013). Stewart told this to ambassadors from the Far East who were being given a tour of the airport construction site. Sikhuphe has been criticised both inside and outside of Swaziland for being expensive and unnecessary. There are also doubts that the airport, if completed, will be suitable for intercontinental aircraft. The Chief Protocol Officer at the Ministry of Foreign Affairs, Promise Msibi let the cat out of the bag during the ambassadors tour. The Swazi News reports he expressed concern at the apparent thinness of the runway and wanted to know if it was suitable for use by aircrafts. To which Stewart reportedly replied to the naked eye, the runway looked thin but it had been proven to be suitable for use by all kinds of aircrafts. The building of Sikhuphe has been controversial because there is no obvious need for it. Swaziland already has an underused airport at 371

Matsapha and no needs-analysis was ever completed to demonstrate why another airport should be built. Most of the impetus for the building of the airport has come from King Mswati, Sub-Saharan Africas last absolute monarch, who is keen to show that the kingdom he rules is on its way to becoming a first world nation. Estimates for the total cost of Sikhuphe including the airport itself, roads that need to be built to reach it, and other expenditure associated with it, have reached US$1 billion. Swaziland is broke and the International Monetary Fund has in the past criticised the building of Sikhuphe as a waste of valuable resources that could be better used on development in the kingdom. Last week the IMF said Swazilands economy was in such poor shape that, Capital projects should be prioritized and funded based on maximizing their impact on economic growth and poverty alleviation. Despite this, it is widely expected cash will continue to be poured into Sikhuphe because it is supported by the king.

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Newsletter 279 23 November 2012

KING SNUBS NEW SWAZI WOMAN BISHOP The Swaziland King, his Royal Family, the Swazi Government and local authority members, all snubbed the ordination of Africas first woman Anglican bishop. Bishop Ellinah Wamukoya, aged 61, of Swaziland made headlines around the world this past weekend when she was ordained the first female Anglican bishop in Africa at a time when the Church of England was still undecided about allowing women to become bishops. The consecration took place in Manzini, Swaziland. The Swazi Observer newspaper reported that the programme director called for the government representative more than twice but no one showed up and other speakers were then called to the podium. The newspaper reported that also not present were representatives from royalty, the regional administrator and the Manzini Municipal Council. It said they had received formal invitations. There were, however, no immediate apologies for their no show but other well-wishers were later given a chance to greet the bishop, it reported.

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Wamukoya told the Associated Press news agency that she represented a historic change for the Anglican church in Africa, where other denominations do not allow women to serve as bishops. MINISTER WRONG OVER SACKING WORKERS Swazilands Minister of Economic Planning and Development Prince Hlangusemphi seriously misled people when he said that the International Monetary Fund (IMF) was forcing the government to sack workers. Hlangusemphi said this as part of a larger attack on the IMF, which he claimed did not want to help Swaziland get out of its financial mess. Hlangusemphi was speaking in an interview with the Swazi Observer, the newspaper in effect owned by King Mswati III, when he said the government would not downsize the Swazi civil service as recommended by the IMF. He went on to say that if the government sacked workers without consultation it would be in trouble with organizations such as the International Labour Organisation (ILO). But where Hlangusemphi is wrong is that the IMF has not called for civil servants to be sacked, but it has suggested the government wage bill should be cut by 5 percent. It has never been the IMFs case to cut jobs of ordinary workers: that suggestion came from the Swazi Government itself.

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The IMF has been very public in its advice to the Swaziland Government. In November 2011, for example, Joannes Mongardini, Head of the IMF Mission to Swaziland, said there were other ways to reduce the public expenditure bill in Swaziland without cutting the jobs or wages of ordinary workers. Mongardini told the BBC World Service Focus on Africa programme the money could be saved from cutting spending on the army, the police and politicians allowances. We are recommending for the government to reduce the wages bill by 5 percent. This is a relatively moderate amount compared to countries like Greece, Portugal and Ireland. Asked by the BBC about the position of public service workers who have complained about the possibility of retrenchments and wage cuts, Mongardini said, We fully understand that this is a politically difficult decision to make. Having said that, the government can find other ways to reduce the wage bill that will not require salary cuts. In particular, some of the largest increases in the wage bill in recent years are due to increased security forces and police personnel and they also are due to very generous allowances that the government has given to politicians and top civil servants. Hlangusemphi also misled the House of Assembly last week when he claimed that the IMF did not want to help Swaziland access funding to revive its economy. He said the IMF had prevented

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organisations such as the African Development Bank (AfDB) from giving loans to government. But Hlangusemphi knows (or should know) that the reason why Swaziland asked for the IMFs assistance was so it could convince international financers that it could repay any loans it might receive. To do this the Swaziland Government drew up what it called a Fiscal Adjustment Roadmap (FAR) that set out a number of measures it would introduce to cut spending and increase income. But, the government failed to implement its own plan. Because of this failure, the IMF said in April 2012 it could no longer support the government. It was up to the government to come up with a new plan that might help to save the economy. The government has not done this. Earlier this month (November 2012) the IMF reported the government had failed to improve the economy in any appreciable way and could not pay its bills. This meant immediate public expenditure cuts were needed if the government was to meet the budget targets it set itself in February 2012. In a statement following its visit, the IMF said the government would find it difficult to pay its bills this year, without increasing domestic borrowing. It also said that one reason for this was that the government had increased spending this year on security. Since the IMFs November statement, there have been a number of attempts from the Swazi Government to deflect attention away from its own failings and to claim the IMF did not know what it was talking about.

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Immediately after the IMF reported, Finance Minister Majozi Sithole, described the IMF as biased, negative and unrealistic. This was after Mongardini had warned the government of bad times ahead, including a looming negative impact on sugar exports, a tourism sector that had declined by between eight and nine percent, low investor confidence, an envisaged decline in receipts from the Southern African Customs Union (SACU) and possible repatriation of money from local to South African banks. SWAZI COPS TRAIN HUMAN RIGHTS ABUSERS Swaziland is training police officers from Equatorial Guinea, one of the few countries in Africa with arguably a human rights record as bad as King Mswati IIIs kingdom. Thirty cadet officers are in Matsapha for the start of a course scheduled to last 12 months. Swaziland has signed an agreement with Equatorial Guinea to train police officers for five years. Equatorial Guinea has an appalling human rights record committed by its police and other state security forces. The US State Department, in a report on Equatorial Guinea published in May 2012, revealed, Corruption and impunity continued to be problems. Security forces extorted money from citizens and immigrants at police checkpoints. There was no internal investigation unit within the police, and mechanisms to investigate allegations of abuse were poorly developed. 377

It added, security forces sometimes committed abuses with impunity. The government did not maintain effective internal or external mechanisms to investigate security force abuses. Lawyers in the country report arbitrary arrests. Lawyers did not have access to police stations and could not contact detainees while they were held there; police superintendents when interviewed stated they did not see the need for or advisability of such access. Police raids on immigrant communities, local stores, and restaurants increased in the period preceding the African Union Summit in June [2011]. Reliable sources reported that many legal as well as irregular immigrants were abused, extorted, or detained during such raids. Police occasionally used excessive force to detain and deport detainees, and almost all foreign embassies in the country criticized the government during the year for its harassment, abuse, extortion, and detention without representation of foreign nationals. Many detainees complained about the bribes required for release from detention. Several members of the largest opposition political party, the Convergence Party for Social Democracy (CPDS), were arrested, briefly detained, and released. Swazi Commissioner of Police Isaac Magagula expressed pleasure at an opening ceremony that Swaziland and Equatorial Guinean were working closely together. He said the two countries police forces needed to collaborate more.

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KINGS PAPER SUPPORTS POLICE TORTURE The Swazi Observer, the newspaper in effect owned by King Mswati III, has come out in favour of police torturing suspects. In an editorial in the newspaper it speaks approvingly of taking suspects to the river and tying them to trees so that they freeze. The police and state security forces regularly torture alleged suspects, including pro-democracy campaigners, in the kingdom, ruled by King Mswati, who is sub-Saharan Africas last absolute monarch. The Observer was commenting on a case heard at magistrates court where a man accused of housebreaking said he had been savagely beaten by police using an iron rod to make him confess to the crime. The Observer said the police probably did this because they cannot have their precious time wasted by small time thieves like these. The newspaper went onto reminisce about the days when police wore shorts, and polished their boots to a mirror finish, such would never happen. It went on, For such trivialities, the investigating officer would simply take the accused to the nearest river, especially when it was winter and a few hours before the break of dawn. The suspect would then be fastened to a tree, and told the officers would be returning in a few hours. As the waves crashed on the boulders spraying drops of water on the suspect, he would shiver and gnash his teeth so much that he prayed the cops returned much earlier.

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By the time they return, he would be more than willing to spill the beans and Bingo! the mystery was solved. In May 2012, the US State Department investigated the use of torture in Swaziland and found, Security officers reportedly used torture during interrogation, assaulted citizens, and used excessive force in carrying out their duties. Reported practices included beatings and temporary suffocation using a rubber tube tied around the face, nose, and mouth, or plastic bags over the head. LIMKOKWING REDUCES MINISTER TO TEARS In one of the most bizarre stories to come out of Swazilands troubled Limkokwing University, the Minister of Education and Training Wilson Ntshangase publicly claimed that he cried in cabinet in order to get the prime minister to allow it to open in the kingdom. I cried, literally, because I was fighting, fighting, fighting and working hard for the university to be established in the country. On that day, the prime minister said to me, Ntshangase, dont cry, we are going to help you, he told the guests at a book launch at Limkokwing. Limkokwing is a private university based in Malaysia that has opened campuses in Swaziland, Botswana and Lesotho on the African continent. Controversy has dogged Limkokwing wherever it goes, because of the often controversial way it sets up in a country and the low standards of its courses and teaching staffs.

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Ntshangase might delude himself that it was his tears that won the day for Limkokwing in Swaziland, but in fact it was King Mswati III, who made it happen. Plans to set up in Mbabane were going nowhere for years until the king stepped in. In June 2011, it emerged that the universitys founder Tan Sri Dato Lim Kok Wing had a meeting with King Mswati and persuaded him that Swaziland needed a new university and Limkokwing should be it. He fooled the king into believing that low level courses in such subjects as Graphic Designing, TV & Film Production, Architectural Technology, Advertising, Creative Multimedia, Information Technology, Event Management, Business Information Technology, Journalism and Media, Public Relations and Business Management, would help Swaziland a mainly agricultural society - to prosper. These courses are associate degrees, a term invented to disguise the fact that they are courses inferior to a bachelor degree, which are better known in other educational institutions as diplomas. Limkokwing cannot escape the controversy about the quality of its courses: an organisation isnt a university just because it says it is. The king passed on his wishes to government that Limkokwing should be supported and no matter how daft the proposition, it had to find the money to make it work. Before we knew it the Swazi Government had put up US$2 million a year it did not have for scholarships for up to 800 students.

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We know it did not have the money because as soon as Limkokwing opened in Mbabane in May 2011, students began protesting that they were not getting their allowances and there were no text books and too few laptops. There were at least 20 protests, class boycotts and closures during the first year after it opened. Police used teargas and rubber bullets against protesting students. One student was shot in the leg. Limkokwing is in Swaziland illegally. You need an Act of Parliament to set up a university, but Limkokwing was allowed to start without parliaments approval and there is no intention of creating an Act for it. This was confirmed by Ntshangase. Ackel Zwane, who writes for the Swazi Observer pointed out in May 2011, The University of Swaziland [the kingdoms only other university] is established by an Act of Parliament, which solely governs that institution and therefore, the same Act cannot be applied in the regulation of the new Limkokwing and others. There is something stinking under the carpet. All those appearing to be promoting higher education in Swaziland have personal interests that cannot be disputed. Educational standards at Limkokwing are lower than those at other universities, including the University of Swaziland. It is so desperate to attract fee-paying students that it does not require them to have qualifications in the English language.

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Ntshangase said there was nothing suspicious about Limkokwing wanting lower qualifications for entry. But, Limkokwing makes its money from student fees: the more students it signs up, the more money it makes. A proper university offers high quality courses to high quality students using high quality staff. Limkokwing falls down on all of these. The quality of students it takes is poor. In Swaziland it takes students with three credits in the International General Certificate of Secondary Education. This is lower than the five credits needed for entry to the University of Swaziland (UNISWA), the kingdoms only state-run university. No student at a Limkokwing University should fail, according to its owner Lim Kok Wing. He told a Malaysian newspaper, It is my belief that no student should fail. If there are failures, then it is we who have failed them. Which means lecturers will pass even the dullest and laziest students to avoid being criticised by their own bosses. Then there is the quality of the staff. Limkokwing advertises internationally for staff in its new campuses (including Swaziland). It states that applicants with bachelor degrees will be considered for posts. A proper university would expect staff to have Ph.D doctorate degrees. In June 2012, after one year of operation Bandile Mkhonta, Head of Human Resource for Limkokwing in Mbabane, told local media that of 53 professional staff at the university; only one had a Ph.D.

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The Swazi Observer reported Mkhonta saying Limkokwing had fewer Ph.Ds because it was a non-conventional university whose curriculum was mainly based on practice than theory. For non-conventional one should read non-university. See also KING FELL FOR BOGUS UNIVERSITY MORE CONTROVERSY FOR LIMKOKWING

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Newsletter 280 30 November 2012

MAN OUND DEAD IN POLICE CELL A man has been found dead in a Swaziland police cell. Sikhumbuzo Tfwala, aged 28, was reportedly naked and had used his jeanshis is not the first death in custody at a Swazi police station. In June 2012 Sihle Bhembe, aged 26, died after allegedly repeatedly banging his head and a sweater to hang himself inside the toilet of the cell at Sigodvweni. The Times of Swaziland newspaper reported a source saying, I heard that the deceased suspect climbed the toilet window bars in order to reach the rafters and hanged himself. Tfwala had been accused of housebreaking. This is not the first death in custody at a Swazi police station. In June 2012 Sihle Bhembe, aged 26, died after allegedly repeatedly banging his head and a sweater to hang himself inside the toilet of the cell at Sigodvweni. aagainst a wall at the old Mbabane Police Station. He had a history of emotional problems and had been in a cell for three days. His family reportedly said at the time they suspect police involvement in the death.

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Swazi police have also been accused of having a shoot-to-kill policy when dealing with suspects. In June 2012, the Council of Swaziland Churches demanded an independent inquiry into the police killing of the alleged rapist Bhekinkhosi Scarface Masina. Masina was reportedly shot while while resisting arrest. Police say they shot him in the thigh and he died of his injuries. Later a Swazi newspaper said its reporter had seen Masinas body and it had a bullet wound to the head. See also VIOLENT DEATH IN SWAZI POLICE CELL HURCHES WANT INQUIRY INTO KILLINGS

Swaziland: My Worst Nightmare Ever (By Nozindonga Mkhaliphi, Gender Links, South Africa) Opinion I am a young girl from Timbutini in Manzini. I grew up without either of my parents. They both passed away when I was very young. My elder sister and brother were looking after us, andlife was very tough. When I was in Third Form, I had some difficulties paying for bus fare and toiletries. My sister was in her first year at college and my brother was not working. We did not have any money. 386

I had a relationship with a young man who was at the University of Swaziland. He promised to buy me toiletries and give me some pocket money. He kept his promise, and I was happy. We kept our relationship to ourselves until I fell pregnant and that was the worst nightmare ever. I never thought of getting pregnant and I did not want a baby. I was not ready to be a mother. I told him about the pregnancy and he immediately changed his tune. I became so depressed. I thought of aborting but I did not have any money and abortion is illegal in Swaziland. It was not long before my elder sister noticed my stomach bump and I had no option but to tell her. My sister was so angry but then she finally forgave me. I had to drop out of school after writing my exams because I was heavily pregnant. When I gave birth, I went to the father's parent's home to show them our child. They accepted my child. I am sad that our relationship did not last because of the pregnancy. Having a child is a lot to handle as well; I was alone with a crying baby all the time. I had no one to advise me on how to look after a baby. I had to learn it all by myself. When the baby was a year old, life was very tough. I desperately wanted to go back to school. I had no way to pay my school fees though. I heard that I could get help from the Forum for African Women Educationalists Swaziland Chapter (FAWESWA). I went there and told them about my nightmare. They offered me counseling at first and the following year, they paid my school fees. I was so happy and I promised to take good care of myself.

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When I was at school, my face was full of joy and my body changed. I was alive again. The father of my child saw how happy I was and proposed. Wow! I was confused because I had feelings for him before, but he broke my heart anyway. He begged me to marry him, and said that it was he and I, destined to be together. I forgot the promises I had made to myself, and I gave him a second chance. Three months later I got pregnant again. That happened in the third term, and I had to hide my stomach until I finished the year. I completed that year, but I still had one more year until I could graduate from high school. I was so ashamed of myself. My fianc left me and I had no one again. I then went back to FAWESWA to tell them what I had done. They were good parents, which means that I was punished, and I accepted my punishment. They suspended me for a year and they promised to pay my school fees when they are satisfied that I am grown up. Girls: do not be misled by men who promise cash and cell phones. Poverty is here, but we can make it on our own without being misled by men. Be strong and be educated to get out of poverty. * Not her real name This story is part of the "I" Stories series produced by the Gender Links Opinion and Commentary Service for the Sixteen Days of Activism on Gender Violence.

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Swaziland: Nation's Manzini Has Most Alarming Food Insecurity Levels African Food Security Urban Network, Cape Town, South Africa) Press release Cape Town Studies by the African Food Security Urban Network (AFSUN), led by University of Cape Town honorary Professor Jonathan Crush, have found that the urban poor in Manzini, Swaziland's economic hub, are more food insecure than people living in the poorest parts of other cities in Southern Africa. Dr Nomcebo Simelane and Prof Daniel Tevera of the University of Swaziland, who led the Swaziland research in AFSUN's nine-country study of urban food insecurity, will discuss the findings at a Nov. 26-27 conference on "Migration, Urbanisation and Food Security in Cities of the Global South" at Cape Town's Protea Breakwater Lodge. Prof Crush said that "a more national approach that covers both rural and urban areas will help Swaziland to move towards the achievement of the Millennium Development Goal to reduce hunger by 50%." The findings demonstrate the need for urban policy and economic reforms in Africa's last monarchy.

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"These findings demonstrate the plight of the poor in Swaziland and the need for reform, without which there is little chance of change in the lives of the people of Swaziland." Prof Crush said. The city closest in food insecurity scores to Manzini was Zimbabwe's Harare, which was in the midst of the worst economic crisis in its history at the time of the survey. Other cities in the 11-city survey include Cape Town, Johannesburg, Windhoek, Maseru, Maputo, Blantyre and Lusaka. Included in AFSUN's policy recommendations to deal with food security challenges in the poor urban areas of Swaziland is that the government should target urban households specifically in addition to its focus on poverty in rural areas. Prof Tevera said, "Because households that are severely food insecure tend to be large, female-headed and female-centred, and have a narrow range of livelihood strategies, it is vital for policies that address urban food security to appreciate the complex relationship between household food security and a range of variables such as income, gender and household size." Food security also needs to be viewed through a lens of migration, Prof Crush said, noting that there is a disconnect between these issues in global policy arenas, which ignores the reality that migrants make up the majority of the poorest households in Southern African cities. The Nov. 26-27 conference is hosted by the AFSUN, the African Centre for Cities, the Southern African Migration Programme, the 390

International Migration Research Centre (IMRC), the Municipal Development Partnership and the International Metropolis Project. Speakers will include Prof Crush, CIGI Chair in Global Migration and Development, Balsillie School of International Affairs and Honorary Professor, University of Cape Town, on the disconnect between migration and food security in global policy making, and Dr Margaret WaltonRoberts, IMRC Director, on the influence of migrants' remittances on nutrition. Dr Jane Battersby of the University of Cape Town will present findings on the food security of households in Cape Town's Khayelitsha and Philippi that reflect on urbanisation in South Africa. Migration and its connections with health and HIV and AIDS will also be discussed. Experts on urban food security in India, China and the Caribbean will provide comparative perspectives.

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DECEMBER

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Newsletter 281 7 December 2012

DEATH PENALTY TEST FOR HUMAN RIGHTS Two more men have been sentenced to hang in Swaziland this past week. This comes after Chief Mgwagwa Gamedze, Minister of Justice and Constitutional Affairs, told a United Nations group that although the kingdom retained the death penalty it was abolitionist in practice. The men, both named Simelane, were involved in separate cases before the courts. David Simelane had his conviction for killing 28 women and children over a period of about 10 years upheld by the Supreme Court. The other man, Mciniseli Jomo Simelane, was convicted by the Swazi High Court of killing a seven-month-old baby when he set fire to a house. The death sentences once again put the spotlight on Swazilands human rights record. In October 2011, Swaziland was heavily criticised at the UN Universal Periodic Review into human rights in the kingdom for continuing to have the death penalty. Gamedze told the UN that although the death penalty existed in Swaziland the last execution had been in 1983. He said this showed that the kingdom was abolitionist in practice.

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But, in April 2012, Gamedze told the Times of Swaziland the kingdom would not follow the Second Optional Protocol to the International Covenant on Civil and Political Rights and abolish the death penalty. Gamedze said for the time being, the kingdom was not ready to accede to the convention. He said at the time that David Simelane would not hang, unless the Supreme Court dismissed his appeal against the death penalty. Simelane has now lost that appeal. International anti-capital punishment groups estimate that about seven people are waiting for execution on death row in Swaziland. Contrary to Gamedzes assertion that Swaziland is abolitionist, the kingdom has been advertising on and off for years to appoint a hangman. But so far, no one has been given the job. See also SWAZILAND CANT AFFORD RIGHTS

KIDS WHO COMMIT NO CRIME LOCKED UP Children in Swaziland are being locked up in juvenile detention, even though they have committed no crime. And, Isaiah Mzuthini Ntshangase, Swazilands Correctional Services Commissioner, is encouraging parents to send their unruly children to the facility if they think they are badly behaved.

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Ntshangase was speaking at the open day of the Juvenile Industrial School at the Mdutshane Correctional Institution. He told the Times Sunday newspaper in Swaziland, Noticing the strife that parents go through when raising some of their children who are unruly, we decided to open our doors to assist them. The school not only corrected offenders but assisted in the fight against crime by rooting out elements from a tender age, the newspaper reported him saying. The children will be locked up, rehabilitated and integrated back to society, the Times reported. The school accommodates pupils who were both in conflict with the law as well as delinquents, the Times said. There are presently 279 children locked up. Although the newspaper did not say so, this means children who have committed no crime and have not been sentenced by the courts are locked up alongside criminals and treated as if they had broken the law. The Times interviewed some of the inmates and found a 15-yearold girl locked up by her guardian because she had developed a relationship with a boyfriend that the guardian did not like. Another girl interviewed was an orphan who lived a town life. She was reported saying, In our dormitories which we share, we are deprived all the nice and good things. She added the rules at the institution were tough, This place is not for the faint-hearted because you lose a lot of privileges that are freely accessible outside. There is neither clubbing, drinking nor time for boys. 395

One unemployed father of an 11-year-old boy said he put his son in the facility because he did not have money to pay school fees. I am grateful that my son is in school. I cannot afford his education because I am old. My wish is that he finishes school to earn a decent living, he said. The guardian of one girl said before she was admitted at the school, she had not been able to contain her behaviour. My biggest problem was that I had lost her. She dropped out of school together with my niece (sisters daughter) who is an orphan, she said. Children reported that they were not beaten but they were badly fed, getting their supper at around 3pm, which meant they went to bed hungry. This is not the first time the Swazi juvenile correction facility has been under the spotlight. In August 2010 it was revealed that a 12-year-old boy was serving one year in Mdutshane because he insulted his grandmother. He had been sentenced to an E300 fine (about US$40), but was too poor to pay so was jailed instead. In April 2010 it was reported that a 10-year-old boy was serving ten years at the same correctional facility. Reporters were unable to discover what the boy had done to be locked up. TAKE FROM THE KING, GIVE TO POOR: IMF Swaziland should spend less on King Mswati III and his Royal Family and give the money saved to projects to help the poor, a new report from the International Monetary Fund (IMF) report says. 396

The report believes that it is as vital to address this imbalance between the rich and the poor in the kingdom as it is to get the national finances sorted. The report, Restoring Sustainability in a Changing Global Environment: Options for Swaziland, written by three experts independent of the IMF, which is due to be published later this month (December 2012), studies the financial crisis that has hit the kingdom, ruled by King Mswati, sub-Saharan Africas last absolute monarch. The report says the kingdom not only has to address what it calls a pure fiscal crisis but also poverty and inequalities. It says [T]here is scope to reduce sovereign and security spending in order to create the fiscal space for higher social expenditure. This means less spending on the King, Royal Family, police and army and more on such as schools, hospitals and food security programmes. To make this change, the report states, Swaziland would need to secure a broad political and social consensus on reforms and make continued progress on strengthening the quality of its institutions. It goes on, Swaziland is often perceived, domestically, as having a social fracture, where resources are not allocated according to a clear objective of alleviating poverty. Reducing the social fracture is not just about reforms, but also their dissemination and eventually endorsement by the whole population. It says that improving transparency and accountability would be as essential as implementing all the required [financial] reforms.

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The report concludes, In addition, all the sacrifices that may be needed by Swaziland to restore fiscal and external sustainability would need to be shared in a fair manner. From that perspective, the share of social spending would have to increase, to protect the most vulnerable people. The IMF has in the past drawn attention to the need for wealthier people in Swaziland to take their share of the hardships that are necessary to restore the strength of the kingdoms economy. Last month, the IMF said budget cuts, [W]ill require sacrifices by all segments of Swazi society, but the basic needs of the most vulnerable should be protected as far as possible. In November 2011, Joannes Mongardini, leader of the IMF mission to Swaziland, suggested to the BBC that even King Mswati and the Royal Family should play their parts in reducing their budgets. The IMF has already said that Swazilands economy is in such a poor state there need to be immediate cuts in public spending if the government is to meet its own budget forecasts. Next year even more cuts will be needed, the IMF said, because the Swazi Government has failed to make important changes to the economy that would increase revenue for the government and reduce unnecessary spending on investment projects that are not effective in fighting poverty. Although the IMF does not name it, the building of Sikhuphe Airport, often referred to in the international community as King Mswatis vanity project, would be one project that should not be funded.

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Newsletter 282 14 December 2012

HUMAN RIGHTS GROUPS TAKE ON TIMES A number of human rights groups in Swaziland have joined forces to petition against Qalakaliboli Dlamini, the Times Sunday columnist who wrote that battered women only had themselves to blame when they were attacked. Swaziland Action Group Against Abuse (SWAGAA), Swaziland Coalition of Concerned Civic Organizations, Coordinating Assembly for Non-Governmental Organisations (CANGO), Swaziland Concerned Church Leaders, Swaziland National Association of Teachers, Swaziland Positive Living and the Swaziland Agricultural Producers Union (SAPU) are among the groups and individuals supporting a petition against Dlamini. Dlamini, a regular columnist for the Times Sunday, wrote this week (9 December 2012) that most women who were victims of violence brought it upon themselves. He also said women were to blame for turning men violent. He wrote, In fact, when a woman is battered, she may have caused more internal damage to the male who will have caused her external harm. Let us be honest with each other, women are the biggest abusers in the world.

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He said women were culprits not victims. He said, Women have carved themselves as the victims of this world and they are demanding even more than they deserve. He added, Women find comfort in portraying themselves as victims. The petition directed at the editor of the Times of Swaziland, which is circulating on the Internet, states, The article incites hatred, and breaches human rights, journalistic ethics and good taste. Calling the brave women who flee from abusive husbands bitches is simply unacceptable. The article also justifies the murder of 32 women by David Simelane, saying he had a resentment towards women because he served a prison term for a rape he says he never committed. The author states, There are many cases we can quote as proof that most abuse against women is usually aggravated by women themselves. Unsubstantiated, incendiary language like this is deeply offensive and cannot be tolerated. Cebile Henwood-Manzini, Director of SWAGAA, notes in the petition, Some men express fear, disgust and hatred of women, often in the way of undermining their human rights. The writer of this article in the Times is obviously a good example and must be stopped, the petition states. It goes on, The Times publisher and his editorial team must apologize for this gross lapse in judgment in publishing such hateful

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views and take positive measures to make sure such a mistake does not happen again. See also 'TIMES' EDITOR BACKS MISOGYNIST WRITER MISA CHAIR WRONG ON MISOGYNIST MISOGYNIST TIMES WRITER UNDER ATTACK CALLS FOR SACKING OF MISOGYNIST WRITER

KINGS AIRPORT NOT READY UNTIL 2016 The Swazi Observer, the newspaper owned by King Mswati III, is once again talking up the prospects that the building of Sikhuphe International Airport might be completed soon so it can open early next year. The airport, dubbed King Mswatis vanity project by critics, was due to open in 2010 but failed to, and apologists for the project have been claiming it was just about to open ever since. The latest is acting director of the Millennium Project Management Unit (PMU) Patrick Mnisi who claimed, The most part of the airport has already been completed. The Observer reported him saying the project would be handed over to the Swaziland Civil Aviation Association (SWACAA) in March 2013. Then, it would take SWACAA three months to train the staff so they were ready for the actual opening day. 401

Mnisi said the only thing that could disrupt the project would be lack of finance. But, that is not true. In June 2012 SWACAA raised doubts that the airport would be able to receive aircraft before at least 2016 and nothing has happened since then to change that. SWACAA Marketing and Corporate Affairs Director Sabelo Dlamini told Swazi media that at least three airlines from different countries had shown interest in using Sikhuphe, but declined to name them. He remained optimistic about the prospects for Sikhuphe and said SWACAA was talking to airlines in other countries as well. But, he also revealed that it could take three years for an airline to actually start using the airport once it had decided to do so. Normally, airline operators need about three years to prepare for such an exercise and we are nursing hopes that those we have approached will consider our proposals. What I can safely say is that we have three potential airlines ready to operate from the airport, he told the Swazi Observer. Although he did not say so, this meant it was highly unlikely that any significant air traffic would use Sikhuphe before at least 2016. Dlamini also revealed that no agreement had been reached with Swazilands neighbours South Africa and Mozambique about which routes planes would be allowed to take in and out of Sikhuphe. The building of Sikhuphe has been controversial because there is no obvious need for it. Swaziland already has an underused airport at

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Matsapha and no needs-analysis was ever completed to demonstrate why another airport should be built. Most of the impetus for the building of the airport has come from King Mswati, who is sub-Saharan Africas last absolute monarch, and is keen to show that his kingdom is on its way to becoming a first world nation. See also PROOF: KINGS AIRPORT POINTLESS

IN SWAZILAND, CHILD RAPE NOT UNUSUAL A total of 170 cases of rape of children under the age of 11 have been reported to police in Swaziland since January 2011. A one-year-old child was among the victims. Shocking though this news is; this is not unusual in Swaziland where children are routinely sexually and physically abused, often inthe name of Swazi culture. They are whipped, raped, starved, traded for sex, flung into jail for being poor, and thousands of them head up households. The 170 cases were revealed by Swaziland Police Commissioner Isaac Magagula during the commemoration of Sixteen Days Against Gender-Based Violence on Wednesday (5 December 2012). These figures are only the cases of rape that were reported to police, evidence suggests that many more cases go unreported. In 2008, 403

Unicef reported that one in three girls in Swaziland were sexually abused, usually by a family member and often by their own fathers - 75 percent of the perpetrators of sexual violence were known to the victim. Swazi culture is so perverted that many men believe it is all right to rape children if their own wives are not giving them enough sex. In 2009, men who were interviewed during the making of the State of the Swaziland Population report said they salivate over children wearing skimpy dress codes because they are sexually starved in their homes. The State of the Swaziland Population report also said that Swazi men blamed modernisation for giving women and girls the idea that they do not need to obey their menfolk. Not only are children abused by their families, each year scores of schoolteachers are investigated for having sex with their pupils. According to one newspaper report, one of the reasons teachers get away with child abuse is that parents, especially in rural areas, sold their daughters in return for groceries from male teachers. When children are not being raped by their teachers they are being tortured in the name of discipline. In October 2011, Swaziland was told by the United Nations Human Rights Periodic Review it must stop flogging children at school because it violated their human rights. But the fact that the practice of whippings is so ingrained in Swazi schools was demonstrated by Sibongile Mazibuko, President of the Swaziland National Association of Teachers

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(SNAT), who said at the time he was surprised that inflicting corporal punishment was against a childs rights. The Save the Children organisation told the United Nations the treatment of children in Swaziland schools amounted to torture. There are countless examples of extreme and often perverted use of corporal punishment in schools. At Mpofu High School girls are flogged by teachers on their bare flesh and if they resist they are chained down so the beating can continue. They get up to 40 strokes at a time. At Phonjwane primary school teachers lined up to whip 20children. Each child received 27 lashes as nine teachers took it in turn to give each one three cuts. The childrens crime? They had been watching two boys fighting. A nine-year-old primary school child from the Mafucula area in the Lubombo region was whipped with a sjambok so badly by her teacher she died of her injuries. A 10-year-old girl at kaLanga Nazarene Primary school was blinded for life in her left eye after a splinter from a teachers stick flew and struck it during punishment. And she was not the child being punished. She was injured when her teacher was hitting another pupil, with a stick which broke. Thirty five pupils of Oslo High School were whipped after a cell phone rang during a lesson. On this occasion a group of teachers illegally beat each member of the class.

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At Lusoti Primary, teachers beat all the children in the school after one pupil made a noise in assembly. Children at Emtfonjeni High School are whipped with up to 10 strokes of a stick, if their school fees are not paid. The principal at Elangeni High even publicly flogs adults who date pupils at his school. The men are forced to attend in front of the entire school, lie down on a bench and receive a whipping. The girls are also flogged. Swaziland Diaspora Platform annual meeting (Swaziland Diaspora Platform) In practising what it advocates, on 1st December 2012, the Swaziland Diaspora Platform held its second annual general meeting in Johannesburg. The principles of transparency and accountability were in full effect as the outgoing Executive Management Team gave report backs on how the organisation performed against its mandate, how monies were spent and how the organisation itself was managed internally. As with all new organizations there were plenty areas that were identified for improvement, however the towering successes of the organisation in its short existence give hope to the growth and impact of the organisation in the coming years. In keeping with its record of good governance, the AGM spent considerable amounts of time examining the relevance of its Constitution and strategic goals, which determine the implementation plan for the 406

next year. Some of the key changes to Constitution and strategic direction of the SDP are its new vision and mission, which now read: The Swaziland Diaspora Platform shall Create a space for constructive and coordinated action for Swazis in the Diaspora to engage, reflect and reach out towards contributing to alternative sustainable development models in Swaziland. This shall be done Through promoting a culture of human rights, people-centred-development and respect for the environment. To take the organisation forward for the next year, the SDP elected a new Executive Management Team as follows: Chairperson: Mr. Thembinkosi Dlamini Deputy Chairperson: Mr. Nhlanhla Msibi Secretary General: Ms Ntombenhle Khathwane Deputy Secretary General: Mr. Brian Ntshangase Treasurer: Mr. Simphiwe Ntenteza Additional Members: Ms. Nqobile Mkhatshwa Mr. Manqoba Nxumalo The Annual Report of the Swaziland Diaspora Platform 2011/2012 will be published and available electronically shortly. Swaziland: Real Men Desist From Violence (By Bongiwe Zwane, Gender Links, Johannesburg). The Sixteen Days of Activism Against Gender Violence for 2012 has ended. Women spearheaded most of the activities in Swaziland. This 407

is because the campaign is synonymous with gender violence, which is associated with women. Most men turn a blind eye and would not be caught dead wearing the white ribbon, which is symbolic of this period.In Swaziland, like many other Southern Africa countries, men are the main perpetrators of violence. It is important that men are brought on board during the campaign. This is not to say there are no good men - we actually have a lot but their stories are untold because some men view kindness, care and love in men as a sign of weakness. I once read somewhere that a lion and a man had an interesting conversation about which species deserved a place under the sun more. The man spoke about his amazing ability to farm, fish, build houses and take decisions as a leader of his home. He said God had given him dominion over all living creatures. The lion remained quiet for a while and then said, "I won't argue with what you have said. However, there is one thing that makes us better than human beings -we don't rape our young." The man shut up because he knew the lion had said the truth. It is no secret that many men are brutal, as is evident in the number of children who have been raped by their biological fathers, stepfathers, uncles, brothers, teachers and pastors.

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It is disheartening to see that many children do not have relationships with their fathers and the few that still do a great job are worth applauding as we promote the spirit of "no violence." Thabiso Mabuza has an inspiring relationship with his two daughters. He pointed out that, "I know I am not perfect but my kids come first. They're miles ahead of everything I hold dear. I have always wanted them to have a great childhood - filled with love and no worries. I cannot afford to take them to the best schools but I make up for this by exposing them to life-long values and principles, which will make them great parents some day." He takes interest in his daughters' schoolwork, in their dreams and makes sure they know there are no free rides in life. Mabuza takes pride in his daughters' achievements, helps them out when they need a hand and ensure they are raised in a healthy environment where they are allowed to make their opinions known. He added that his daughters unconditional love gives him reason to go on. If only half the men in our community would have the same belief system, the world would certainly be a better place. A relative, Sam* has three children who are a chip off the old block in every way. He has no time for his children and claims he does his bit by paying their school fees. Sam never knew his old man so he feels like he deserves the "World's Best Dad Award" because at least his children know him.

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Sam is one of the "not so bad ones." We have our fair share of bad fathers - the ones we read about in the newspapers everyday are just part of the nasty crew. There are also those who pay their children's school fees, buy them clothes and feed them. This is simply not enough being a good father is going beyond basic provision to involvement in the child's daily life. Catholic Priest Theodore Hesburgh says the most important thing a father can do for his children is to love their mother. Then, the rest will fall into place. The logic is that if a man loves the woman who bore him children, that love is then transferred to his children. I may not have proof of this but it is certainly a good place to start. A man who loves his woman will not hurt her physically, emotionally or otherwise. He will make sure that he treats her with the dignity she deserves and vice versa. As the world looks at strategies of eradicating all forms of violence against women, it is important to applaud the few good men who respect women as their equals. To all the good men out there, even the Bible has expectations from you. Deuteronomy 6 verse 4-7 reads; "Hear, O Israel: The LORD our God, the LORD is one. Love the LORD your God with all your heart, with all your soul, and with all your strength. These commandments that I give you today are to be in your hearts. Impress them on your children. Talk about them when you sit at home and when you walk along the road, when you lie down and when you get up." 410

Real men desist from violence and want their families to only know love. May many fathers replicate this ideal. Next year, we want more men who encourage love in both the public and private space, and not violence. *Not his real name. Bongiwe Zwane is a Public Relations Coordinator at Population Services International Swaziland. This article is part of the GL Opinion and Commentary Service series for the Sixteen Days of Activism against Gender Violence.

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Newsletter 283 21 December 2012

MISA BACKS 'FREE RADIO AIRWAVES' CALL (MISA-Swaziland Statement) Times of Swaziland says Free the airwaves MISA Swaziland agrees MBABANE, Swaziland Swazilands only privately-owned newspaper has called for the liberalisation of the Kingdoms radio airwaves. In an editorial titled Free the airwaves, the Times of Swaziland notes that radio is the dominant medium of communication in Africa, yet in Swaziland a small, landlocked country in Southern Africa bordered by South Africa and Mozambique options remain limited. Radio is dynamic, alive to the issues of the day, changeable as the fashions. In Africa, the age of radio is still very much alive and strong. But not in Swaziland. The editorial, which appeared on 18 December 2012, suggests Swaziland should open up its airwaves and allow more players into the government-controlled market. One very simple way that this country could tap into its creative potential especially economically would be to allow anyone who wanted to own a radio station to do so. 412

Imagine how a health-focused rural radio station would benefit local communities; imagine if every Tinkhundla centre (traditional constituency) had their own radio for community announcements and educational programmes. In Swaziland, where music is part of the national fabric, the Times editorial dares to imagine how the music industry would blossom and nurture our national talent if the airwaves were freed from stringent and arbitrary state controls. It should be noted, however, that the Times does not mention stringent and arbitrary government controls as the reason why the airwaves remain stifled. Nevertheless, the Media Institute of Southern Africa in Swaziland (MISA-Swaziland) applauds the Times of Swaziland for taking a position on this issue. As it stands, there is one national radio station in Swaziland the Swaziland Broadcasting and Information Service (SBIS). It acts more as a propaganda tool for the government and traditional authorities than as the public broadcaster is purports to be. There are some worthwhile health programs that air on SBIS, however, on the whole, it a long way from a true and honest public broadcaster that is free to question, criticise, educate, and entertain. Earlier this year the minister for communications told Swazi citizens they must first clear or approve their opinions with their respective chiefs before approaching the radio station.

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The Swazi Observer, a state-owned newspaper, reported in August 2012 that the Swaziland Broadcasting and Information Service is not allowed to broadcast any public service announcement (PSA) that does not support governments agenda. This is contained in the Public Service Announcement Guidelines of the Swaziland Broadcasting and Information Services (SBIS). The guidelines were tabled in the House of Assembly by Minister of Information, Communication and Technology Winnie Nxumalo on Monday. They are to be observed by both the radio station and the public as they are meant for smooth and professional service to the nation. Part of the guidelines read, Any PSA that is negative or does not support governments agenda shall not be allowed. The Swaziland chapter of the Media Institute of Southern (MISASwaziland), a regional non-governmental organisation that promotes freedom of speech, notes that the actions taken by the minister of communications contradict section 24 (1) of Swazilands Constitution: A person has a right of freedom of expression and opinion. More specifically, Section 24 (2) protects freedom of the press and other media, and Section 24 (2)(c) protects the freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons). 414

While freedom of expression is protected under the earlier clauses of Section 24, in practice this freedom is often snatched away by leaders and bureaucrats who invoke Section 24 (3)(a). This latter section permits speech to be curtailed in the name of defence, public safety, public order, public morality or public health. MISA believes criticism of the governments agenda, as well as criticism of higher authorities to be in the public interest; for trust in the authorities can only come after that trust has been tested. And MISA further believes that interpreting the Constitution requires emphasis to be placed on certain clauses, thereby allowing a more reasonable course of action. In this case, let MISA state its belief that freedom of speech, in all but legitimate cases of libel and defamation, trumps all other liberties. And freedom of speech, in all but the most rare cases, trumps the often trite defences of public morality or public order, etc. In reality, those who invoke the public morality clause, for instance, simply want to suppress information that will embarrass the wealthy and powerful. Of course there are rare moments when information should not be disclosed if that information will cause huge harm, for instance, or the information will cause great pain to a suffering victim. But all factors need to be weighed against each other, and in all cases disclosure should be the default option, always bearing in mind that the public has a right to information. Again, there are fine lines between hate speech, offensive speech, and sincerely held false opinions. And similarly, there are many 415

shades of truth. The best way to find out what is what is to have an open and frank discussion. To suppress legitimate speech in the name of vaguely worded clauses does nothing to bring Swaziland into the modern world. The only way to work out what terms such as public morality or public order mean is to freely discuses their meanings. As Christmas approaches, MISA-Swaziland looks back on a bad year for freedom of expression in the kingdom. Sub-Saharan Africas last absolute monarchy, in many ways, is incompatible with universal notions of freedom of expression even though the country is a signatory to most regional and international conventions that protect freedom of expression. Despite this, MISA-Swaziland remains somewhat optimistic that 2013 will be a better year for freedom and democracy. National elections are to be scheduled for the second half of next year. The world will be keeping an eye on proceedings to see if democracy becomes more than a name. And it would seem that Swazis are beginning to demand more from their unelected leaders. Hunger, poverty and AIDS are taking a toll. One way to help give Swazis a voice on matters that concern them most is to open up the airwaves. As American civil-rights activist Martin Luther King Jr said, riots are the voice of the unheard. These words ring hollow in the ears of leaders at their own peril. And a question that Swazis might ask themselves over the festive season, as we sip on a beer and search the dial for more radio stations, is who actually owns the airwaves? If Swazi taxpayer money pays 416

for the radio station, why is it not a true public broadcaster? Why does public money protect state interests and only allow some senior government voices free rein? Why doesnt the radio operate in the public interest? Why arent Swazis getting what they pay for? And why arent Swazi citizens allowed a voice to speak on their own radio station? In short, why pay for something that you dont own and control? MISA-Swaziland agrees with the Times editorial when it says: We have a nation of creative, talented people bursting to express themselves and to tackle the ills of this country, such as poverty. Lets give them more platforms to do so.

DANES BACK PUDEMO DEMOCRACY CALL (Peter Kenworthy's Stiffkitten blog) Danish party to support PUDEMOs struggle for democracy in Swaziland Representatives of the Danish party, the Red-Green Alliance, met with the leadership and other representatives of the Peoples United Democratic Movement (PUDEMO) in November. The Danes met with PUDEMO-president, Mario Masuku, representatives of the trade federation TUCOSWA, and an array of other people from the democratic movement in Swaziland. Swaziland has an absurd political system where all power is vested in the king, says Thomas Eisler. He is part of the Red-Green 417

Alliances Swaziland-group who visited Swaziland in November, and has held several high-ranking posts within the partys administration. During the week-long visit, the Red-Green Alliance and PUDEMO outlined the prospects for a partnership sponsored by the Danish Institute of Parties and Democracy a government-funded institute that support[s] political parties and multi-party systems in selected developing countries. The concrete goal of the project that will be the result of the partnership is to strengthen the organisational and political capacity of PUDEMO. The partnership is also meant to inform and enlighten the leadership and membership of the Red-Green Alliance on the struggle for democratisation in a contemporary perspective, using Swaziland as a concrete and specific example. We were able to agree on areas that PUDEMO seeks to develop, Thomas Eisler says. Amongst other things, they seek to develop a more concrete political programme, for example in relation to the economic development of Swaziland. PUDEMO wants an extensive and wide-ranging democratisation of Swaziland a country that is ruled by King Mswati III, a corrupt and brutal absolute monarch. The country has the lowest life expectancy in the world, the highest HIV-prevalence in the world, and two-thirds of the population survive on less than a dollar a day many starving in the process. PUDEMO is the largest political party in Swaziland and enjoys broad public support amongst the Swazi population, although the party is 418

banned along with all other parties. The Suppression of Terrorism act likens all attempts at undermining the powers of the King to terrorism. All Swazis who openly support PUDEMO therefore risk exclusion, as well as beatings and torture at the hands of Swazilands police and security forces. In 2010 Sipho Jele, a young PUDEMO-member, was even killed for wearing a PUDEMO-T-shirt. Politically, PUDEMO are a broadly speaking a left-wing party and many of its members are inspired by socialism. Amongst other things, the party promises a land reform meant to empower the poor and remove the kings monopolisation of public land; gender-equality both legally and more informally, as women are presently legally treated as minors, and cannot even open a bank account without the written consent of a male relative; a progressive tax system; and free education and healthcare for all Swazis. Thomas Eisler believes that PUDEMOs struggle for democracy and socio-economic justice is achievable. The legitimacy of Swazilands political system is crumbling, he says. There will most likely be a transitional period that will lead to democracy within a few years. The question is who will administer this transition will it be a top-down process or will it be a popular and participatory process? The Red-Green Alliance believes that a strong PUDEMO is the best way of ensuring that the population in general, and the poor in particular, are included in the political process in Swaziland. The undertakings of PUDEMO are closely linked to their presence within Swazilands social movements, Thomas Eisler says. It is a party that 419

connects the struggle for democracy with social rights and it has an activist and democratic organisational culture. In this way PUDEMO has much in common with the Red-Green Alliance. The Red-Green Alliance is a democratic socialist electoral alliance that fights both nationally and internationally against corporate driven globalization, neoliberal politics and privatization and fights for a public sector in which people not profit are at centre.

THE TIMES AND POOR PRESS STANDARDS One of the fiercest campaigns by readers against a newspaper in Swaziland that anyone can remember has been raging this week. At least six organisations and countless individuals have criticised the Times Sunday newspaper after one of its regular columnists wrote last week that battered women were bitches and said most women who were beaten up by men brought it upon themselves. Since the article was published, a petition demanding an apology from the Times and supported by Swaziland Action Group Against Abuse (SWAGAA), Swaziland Coalition of Concerned Civic Organizations, Coordinating Assembly for Non-Governmental Organisations (CANGO), Swaziland Concerned Church Leaders, Swaziland National Association of Teachers, Swaziland Positive Living and the Swaziland Agricultural Producers Union (SAPU) has been circulating.

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The articles author Qalakaliboli Dlamini is no stranger to controversy and was suspended by his newspaper in May 2012 after he wrote he was a proud homophobe and he hated homosexuals. Once critics complained Qalakaliboli identified himself as a victim who was having his right of freedom of expression curtailed. Alec Lushaba, chair of the Swazi chapter of the Media Institute of Southern Africa (a press freedom group), and the Times managing editor Martin Dlamini publicly supported him in this view. In their support of Qalakaliboli both men missed a crucial point being made by critics: the attack on the article was not about freedom of speech, it was about poor journalistic standards at the newspaper. Heres an example of what critics meant. In his article Qalakaliboli wrote that women abused men more than the other way round and said most women who are beaten up by men brought it upon themselves. He wrote, Let us be honest with each other, women are the biggest abusers in the world. None of what Qalakaliboli wrote there is actually true. Nowhere in the world is there a country where more women are accused or convicted of gender-based violence than men. Alec Lushaba, chair of MISA, wrote on his Facebook page,It is wrong of us to suffocate such opinions. Lushaba was wrong because what Qalakaliboli wrote was not opinion, which is defined as reasoned argument based on facts. What the Times Sunday actually published was Qalakalibolis prejudice, which was not based on fact.

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What Qalakaliboli said cannot be considered as fair comment, since it is provably untrue. What has angered critics is that journalism standards at the Times are so poor that his column was allowed to be printed. Any journalist at the newspaper, including the editor, who read the article before it reached publication, should be able to spot the falsehood in Qalakalibolis assertions that women abused men more than the other way round. The same journalists should also have realised that for Qalakaliboli to write of a woman trying to escape an abusive marriage, I am reminded of the saying: B***es come and go real women give it their best, was unacceptable. Alec Lushaba, in his support of Qalakalibolis right to say what he wanted about violence against women, however unpalatable it might be, denied his own organisations policy on gender violence. The MISA policy recognises that reporting of gender violence, is often sensational, lacking in depth, context and analysis. That description aptly sums up the Times Sunday article. MISAs policy goes on to state, As one of the main shapers of public opinion, the media has a critical role to play in the advancement and attainment of gender equality. It also says. As an agenda setter, the media has a duty to portray not just what is, but what could be ... It is baffling to see how Lushaba can reconcile his own belief that the Times Sunday had a right to publish Qalakalibolis article, with the

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policy of the organisation he chairs. Clearly, he has some explaining to do to colleagues at MISA. Martin Dlamini, the managing editor of Times of Swaziland newspapers and the man ultimately responsible for what is published, misled his readers badly when he tried to defend the article. He wrote in his own newspaper that there was evidence from around the world that women were abusing men. But he did not tackle Qalakalibolis central claim that women are the biggest abusers in the world. It is a sad reflection on the poor standards at the Times newspapers that Martin Dlamini, the most senior person in the companys three editorial offices, seemed to genuinely believe that he had provided compelling evidence to support Qalakaliboli. Martin Dlamini also asked rhetorically, Would he have been said to have used hate speech if the article headline was: Men are the worst abusers? The answer to his question, of course, is: No, because that headline is a statement of provable fact. It is very sad that Martin Dlamini was unable to see the difference. Yesterday (14 December 2012), it was revealed that Qalakaliboli Dlamini was bragging to his Facebook readers that the controversy he had created with his article would help sales of a book he was about to publish. This has raised speculation that he had tricked his newspaper and its readers into creating a publicity stunt for his own ends which raises another question about the judgement of the Times in allowing the article to be published.

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US ATTACKS TIMES OVER HATE ARTICLE Makila James, the US Ambassador to Swaziland, has publicly backed readers who complained about an article in the Times Sunday that said battered women were bitches and most women who were beaten up by men brought it upon themselves. James said, While the author has a right to express his opinion, the Times Sunday also has a responsibility to decide whether or not to provide a platform to ill-informed and discriminatory views that justify the criminal actions of perpetrators. She went on, I would like to applaud those who wrote letters, signed petitions and spoke out against the content of the column and the decision to run it. In a letter published in the print edition of the Times Sunday (16 December 2012), but not on its website, James said, Speaking out against intolerance and injustice is the first step towards creating a better society and a better world. The Times editors have refused requests from readers to apologise for publishing the article and the newspapers Ombudsman said it was justified in printing it. See also TIMES OMBUDSMAN REJECTS COMPLAINTS BOYCOTT OF TIMES UNDER WAY

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ACTIVIST EDITOR ON CONTEMPT CHARGE Swazilands best-known pro-democracy journalist Bheki Makhubu faces two charges of contempt of court for comments he allegedly made to a magistrate in a private phone call. Makhubus monthly magazine, the Nation, is the only source of journalism within Swaziland that consistently advocates for freedom in the kingdom and against the regime dominated by King Mswati III, subSaharan Africas last absolute monarch. Makhubu has published articles critical of the Swazi Royal Family and the amount of money they take from ordinary Swazi people in the kingdoms annual national budget. The Times of Swaziland newspaper quoted reliable sources alleging Makhubu used insulting words to Mbabane Magistrate Phathaphatha Mdluli in a phone call. Makhubu is expected to appear before Mdluli in court on 20 December 2012, the newspaper reported. Makhubu was previously in the High Court on contemptcharges in February 2012, when he was accused by Majahenkhaba Dlamini, the Swazi Attorney-General of publishing an article that questioned the wisdom of King Mswati. See also EDITOR QUESTIONED KINGS WISDOM

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Other publications from Richard Rooney

The following publications about media in Swaziland are available free-of-charge online.
2013. Cynicism Eats Away at Swaziland Journalism: The state of Swazi journalism. SMC Occasional paper No. 1. 2008. The New Swaziland Constitution and its Impact on Media Freedom, Global Media Journal, Africa Edition, Vol. 2. (Stellenbosch University, South Africa). 2008. Swazi Newspapers and the Muslim Threat. Lwati: A Journal of Contemporary Research, Vol. 5. 2008. The Existence of Censorship in Newsrooms in Swaziland, report prepared for Media Institute of Southern Africa. 2007. Suffer The Children Reporting of Minors by the Swazi Press. Lwati: A Journal of Contemporary Research (Swaziland), Vol. 4. 2007. The Swazi Press and its Contribution to Good Governance, Global Media Journal African Edition, Vol. 1. (Stellenbosch University, South Africa).

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