Southern Africa Human Rights Defenders Network (SouthernDefenders) is gravely concerned about the politically motivated and grossly unjust lengthy jail terms imposed Monday, July 15, 2024 by a Mbabane High Court on pro-democracy former legislators, Mduduzi Bacede Mabuza who received 25 years and Mthandeni Dube 18 years respectively. The pair has been christened – freedom fighters -: a significant statement that echoes their pro-democracy accomplishments. It is difficult to ignore the fact that the High Court Judge who imposed the harsh sentences is linked to the royal family, hence the chillingly outrageous miscarriage of justice in this case. The two were facing ‘terrorism’ and murder charges emanating from the 2021 protests which resulted in deaths of two people, allegations they have persistently denied in the last two years. In June 2021, the eSwatini security forces staged a widely condemned violent crackdown on the pro-democracy protests in which dozens died, putting the monarchy’s authoritarian traits on the global map. It is a fact that Mabuza and Dube had advocated for democratic reforms, given growing acts of repression and treatment of citizens as subjects by the monarchy.
SouthernDefenders is aware of the eSwatini (formerly Swaziland) political context in which the legislators lived, and operated. King Mswati III wields enormous power and his inclination for malevolent force is more explained by his desire to crush dissent and consolidate his dead’s man grip. The economic situation in the country is dire, with the World Bank projecting high persistent poverty, and civil tensions. Mabuza and Dube took umbrage to such conditions, and demanded both political and economic reforms. Growing calls for reforms continue to grow unabated.
“We are concerned about the political persecution of Mabuza and Dube through the weaponisation of the judiciary to silence legislators and other pro-democracy activists. The state security and hired mercenaries have been previously used to assassinate pro-democracy activists, now the monarchy has weaponised the judiciary to pass disproportionate sentences inimical to constitutionalism and the rule of law. This is a lost cause. Importantly, this is an opportunity for the monarchy to learn from history. Watershed moments in history from the eighteenth century to date demonstrate that a citizenry disgusted by aristocratic excesses, harmful economic policies, and political repression can cause a national upheaval which can be averted through genuine democratic reforms. The power inherent in the will of the people is not subdued by heavy-handedness, or using the judiciary to intimidate the people through harsh criminal penalties. Reforms are key and such sentences will only make a bad situation worse,” -. said Prof. Adriano Nuvunga, the Chairperson of SouthernDefenders.
SouthernDefenders hereby remind the Kingdom of the 1985 Basic Principles on the Independence of the Judiciary, wherein it was held that judicial independence must be guaranteed by the State and enshrined in the Constitution. Furthermore, the principles remind the judiciary to decide matters before them impartially, in accordance with the law, without any improper influences, pressures, threats or interferences.
SouthernDefenders therefore:
Demands that the Eswatini authorities desist from persecuting pro-democracy through weaponisation of the judiciary.
Calls upon the monarchy to engage citizens and initiate long overdue democratic reforms.
Calls on the Authorities to repeal repressive legislation that unjustifiably limits freedoms of expression, association and assembly such as the 1963 Public Order Act, 1938 Sedition and Subversive Activities Act and the 2008 Suppression of Terrorism Act (addressing also the issue of “proscribed entities”).
Demand that the citizens must be allowed to protest, in line with constitution and international covenants without facing the risk of a repressive clampdown that have previously resulted in needless deaths.
Urges the government and SADC to investigate and hold accountable those responsible for the abductions, torture and assassinations of pro-democracy activists.
Southern Defenders remain committed to defending, protecting, and promoting human rights in all countries across the region.
#TogetherWeDefend!!!
For additional information, please contact Washington Katema on wkatema@southerndefenders.africa or +27736202608
The post SOUTHERNDEFENDERS STRONGLY CONDEMNS THE DRACONIAN SENTENCES IMPOSED ON THE PRO-DEMOCRACY FORMER MEMBERS OF PARLIAMENT, CALLS FOR THEIR IMMEDIATE RELEASE AND URGES SADC TO ACT ON THE DETERIORATING POLITICAL CRISIS IN ESWATINI appeared first on SouthernDefenders.
