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Good healthcare an arm’s length away? The diagnosis on Swazi hospitals

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Georgina-Kate Adams pic

MISA-Swaziland e-Forum article
November 26, 2013

Georgina-Kate Adams is a British writer and founder of The Seed Africa, a crowdfunding NGO helping to educate girls. She is currently living in Swaziland, where, among other things, she encountered the country’s healthcare system.

What can be said of a medical system where you are prescribed drugs without diagnosis? The first time I can take as an anomaly, but the second? This is clearly engrained in Swazi hospital culture.

I had managed to avoid going to the doctor at all during my first nine months in Swaziland (except briefly when a Scottish doctor signed a form to certify I was not an idiot. True story.)

In the last two weeks however, I darted once to a private clinic during a malaria scare and today went to a public hospital for a routine sexual health check. In the West, both would be standard procedure and neither cause for antibiotics. Here, both were.

There were advantages and disadvantages of both experiences. At the private clinic I was seen immediately by a real doctor. Then served a disproportionately large bill. (E500 for a 10 minute appointment and malaria test.) At the public hospital, I spent three hours being prodded and passed around, without ever once seeing an actual doctor. But (spare a E20 registration fee), it didn’t cost me a cent.

The consistent factor in both experiences was being served a lengthy list of prescriptions (three a piece) before my test results were sent out – let alone had come back – nor anyone had any real clue what was up. In both cases, doxycycline (a ferociously unpleasant drug by all accounts) was prescribed with great insistence.

I could go on. I could talk about that, in a country suffering from a sexual disease pandemic and with streets littered with posters urging individuals to “get tested”, it is almost impossible to get a full sexual health check. I could talk about how they test for “organisms” not diseases and match the drugs to those organisms, without ever making an actual diagnosis. (This is after the drugs they’ve prescribed you pre-diagnosis of course).

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Swazi medical care needs to be improved, says Georgina-Kate Adams

I could talk about the inexperience with which my blood was extracted, leaving me 24 hours later with an arm which is still purple, green and throbbing.

But let’s ponder this point for a second: What is the motivation for prescribing serious drugs to patients who have no diagnosed ailment? And who is motivating it? Okay, if a makeshift hospital which provides complimentary healthcare to those who need it relies on their dispensary as a source of income, I can understand (although not condone). But what of the private clinic? Pure greed? And who is bearing the cost of these medications if they are so profitable to sell? The sceptic in me points a finger at external organisations which trade aid for other privileges, or dump their drug excess on Africa whether we want it or not.

Don’t get me wrong, everyone should have access to medical sanctuary. And these hospitals provide a fair service in a challenging economic and public health environment. Encouragingly, the HIV testing process was simple and efficient. Both hospitals had several energetic and committed staff, and I would be proud if one of the young girls I mentor went on to train as a nurse and serve their people.

But it is important that we teach them to do a better job than the current generation. Medical aid is not a business venture. It is a human right. And where there is prevalent disease, there should be access to relevant and thorough diagnosis and treatment. That means, as with a friend’s husband, malaria shouldn’t be a death sentence simply because we don’t have sophisticated or efficient enough systems to diagnose and treat it. And when we test for HIV, we should test for all other STIs besides. Because, though we may be preventing the spread of some cells, we are letting others slip through the net. And when it comes to medical care, nothing should slip through the net.

Follow Georgina on Twitter @Georgina_KateA



Magic found under football pitch as journalist beaten by fans in Swaziland

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MISA-Swaziland Alert
Tuesday 26 November, 2013

The Times of Swaziland, in its daily poll, has asked readers if they “think the use of muti by a football team helps their players of hinders them”?

Muti is a traditional term used in parts of southern Africa. It can be loosely translated to mean “traditional medicine” and is often used in reference to a spiritual form of magic.

In background to its daily poll question, the Times of Swaziland says: “A Times of Swaziland sports reporter was attacked over the weekend at the national stadium by Mbabane Swallows fans after reporting on the alleged use of muti by the team. The use of muti is so widespread in the game that the FIFA-donated artificial turf — worth millions — has been badly damaged by fans and team members ‘burying’ objects under the turf. However, a link between muti and football success has not yet been established.”

Swaziland Media Institute of Southern Africa (MISA-Swaziland) condemns all intimidation and violence towards journalists, and calls on the country’s football association to better control fans.

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For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director

Email: misa.nd@realnet.co.sz


‘Life of a Swazi student’– MISA interns from Limkokwing university launch documentary

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MISA-Swaziland Alert
Tuesday 21 January, 2014

Limkokwing University students Bhekilanga Wakhile Kunene and Phesheya Ian Kunene, who have been working as interns at Swaziland’s Media Institute of Southern Africa, launched their documentary — “The life of a Swazi student” — at the premiere screening at Limkokwing on Thursday 5 December, 2013.

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The premiere screening of documentary “The Life of a Swazi Student”, made by MISA-Swaziland interns, Bhekilanga Wakhile Kunene and Phesheya Ian Kunene, from Limkokwing University

The packed room of about 5o people, filled mostly with fellow Limkokwing students, applauded the work of Bhekilanga and Phesheya.

The purpose of the documentary, said Bhekilanga, is to “give a voice to students, to hear their side of the story. What is it like being a student? Are they ready for life after university? What causes students to strike and boycott classes? What are the good things happening at university?”

Bhekilanga Wakhile Kunene, co-director and producer of the documentary, speaking at the premiere at Limkokwing University

Bhekilanga Wakhile Kunene, interviewer, co-director and producer of the documentary, speaking at the premiere at Limkokwing University

These are some of the questions raised in the documentary.

The documentary also includes interviews with Limkokwing lecturer Kemmonye Kamodi, former Uniswa student Patrick Myeni, and former minister of labour and social security Lutfo Dlamini.

“The driving motivation behind the film, in addition to giving students a voice, is to foster an ongoing conversation about tertiary education in Swaziland,” said co-director and producer Phesheya.

Co-directors and producers Bhekilanga Wakhile Kunene and Phesheya Ian Kunene being interviewed on Swazi TV before the premiere

Co-directors and producers Bhekilanga Wakhile Kunene and Phesheya Ian Kunene being interviewed on Swazi TV before the premiere

The interns were working at MISA-Swaziland as part of Limkokwing University’s LEAP program. LEAP stands for Limkokwing Entrepreneurship Acceleration Program.

Manager of the LEAP program, Nkosilenhle Masuku, greeted the guests at the premiere and congratulated the students on their hard work.

Alec Lushaba, chairman of MISA-Swaziland, also spoke at the event. He thanked Limkokwing for running the internship program, and said MISA-Swaziland is looking forward to working together on similar projects in the future.

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MISA-Swaziland chairman Alec Lushaba thanked Limkokwing for running the internship program and encouraged the students to continue working hard

He added that MISA-Swaziland has seen the interns grow and improve as the internship program has progressed.

The documentary can be seen on YouTube.

Click here to be re-directed to MISA-Swaziland’s YouTube page to watch the documentary.

Or copy and paste this web address into the browser:

https://www.youtube.com/watch?v=gImTrH5PTvE

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director

Email: misa.nd@realnet.co.sz


Times of Swaziland apologises to Chief Justice, retracts comments

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MISA-Swaziland | Alert
January 24 2014

The Times of Swaziland, a private daily newspaper in the landlocked southern African nation, has “unreservedly” apologised to Chief Justice Michael Ramodibedi for publishing so-called “contemptuous” comments from its readers.

Times of Swaziland apologies to Chief Justice

Front page: Times of Swaziland apologises to Chief Justice

The apology comes amidst a developing saga involving government chief vehicle inspector Bhantshana Gwebu and High Court Judge (and colleague of Chief Justice Ramodibedi) Esther Ota.

Gwebu was arrested on January 20 2014 and charged with contempt of court after he, himself, arrested the driver of Judge Ota’s government vehicle.

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Government vehicle inspector Bhantshana Gwebu has been charged with contempt of court after arresting the driver of a High Court judge. Pic: Times of Swaziland

Gwebu’s job is to make sure people using government vehicles only use them for authorised state business. It is alleged that Gwebu arrested the driver of the government vehicle for not following the authorised route. Many commentators believe Gwebu was simply doing his job.

“Gwebu has been charged with contempt of court after he arrested and charged a driver of High Court Judge Esther Ota,” reported the Times of Swaziland on January 21 2014.

“The Chief Justice on Saturday (January 18) issued a warrant for his arrest after he arrested and charged the driver, Vusi Tsela, next to Sifundzani Primary School on Saturday. Judge Ota was present when Gwebu arrested and charged Tsela for the alleged abuse of the government vehicle.”

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Union leaders were blocked from visiting government vehicle inspector Bhantshana, who is being held in jail after he arrested the driver of a High Court judge

It has also been revealed previously, in a separate case, that Bhantshana seized the Chief Justice’s car. In an opinion piece in the today’s Swazi Observer, journalist Ackel Zwane writes: “In his bravery Bhantshana went ahead to even seize Chief Justice Michael Ramodibedi’s vehicle while he was on an outside trip. Surely this did not please the giant legal eagle and this time around the warrant of arrest was issued by the grand CJ.”

The current story has generated much debate in Swaziland.

Several unions — notably Swaziland National Association of Teachers (SNAT) and National Public Service and Allied Workers Union (NAPSAWU) — have sympathised with Bhantshana. Union leaders tried to visit Bhantshana, who is being held held in remand until his case is heard, earlier in the week but were denied access by the correctional services authorities.

In yesterday’s Times of Swaziland several comments appeared in the letters section, expressing their anger at the Chief Justice and the perceived flaws in the country’s justice system.

On the front page of today’s Times of Swaziland appeared the following apology:

“In our January 23 publication we published contemptuous Reader’s Comments from the Web. We wish to retract such comments (which cannot be repeated due to their very nature) and unreservedly apologise to the Honourable Chief Justice, as well as Her Ladyship Judge Ota and the entire Judiciary.”

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Not happy: readers’ comments in Times of Swaziland, January 23 2014

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A closer look at some of the comments from the public, which led to the Times of Swaziland apologising to Chief Justice Michael Ramodibedi and his colleague Judge Esther Ota

It is unclear if is was a specific comment that sparked the apology and retraction, or whether it was several of the comments. It is also unclear whether political pressure was put on the Times of Swaziland to issue the apology.

The Bhantshana case is expected to begin on Monday.

Ramodibedi: No stranger to controversy
Chief Justice Ramodibedi is no stranger to controversy. He is currently facing a legal battle in his home country of Lesotho, where he is that country’s President of the Court of Appeal. In today’s Times of Swaziland it is reported that Ramodibedi is appealing a judgment of the Constitutional Court of Lesotho, which may lead to his impeachment as Court of Appeal President.

“Ramodibedi argues in his latest court papers that (Lesotho) Prime Minister Thomas Thabane’s bid to advise King Letsie III to initiate a process to have him impeached should never have been launched without him being heard first.”

The court proceedings against Michael Ramodibedi continue in Lesotho.

Photo featured at front of post from Times of Swaziland, January 24 2014


Bhantshana case postponed till Wednesday 29 January

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MISA-Swaziland | Alert
January 27 2014

The court hearing has been postponed in the case involving chief government vehicle inspector Bhantshana Gwebu.

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Swaziland’s chief government vehicle inspector has been charged with contempt of court after he arrested the driver of a High Court judge. The driver was allegedly misusing the car. Pic: Times of Swaziland

Proceedings were meant to begin in Swaziland’s High Court this morning, however a court official said the case has been postponed and will now begin on Wednesday 29 January.

The High Court official said the court does not officially open until February 3, but would be hearing “urgent” cases before this date. Presumably, therefore, the Gwebu case is seen as urgent.

Gwebu was arrested and detained last week after he, himself, had arrested and charged the driver of High Court Judge Esther Ota.

Gwebu arrested the driver, Vusi Tsela, for allegedly abusing a government vehicle. Tsela was apparently not following the authorised route and, instead, had driven the passenger, Judge Ota, to Sifundzani High School where it’s been reported Ota was buying uniforms for her children.

According to the Times of Swaziland the judge’s driver was “slapped with two charges which are; using a government vehicle for any purpose other than that authorised without a written authority and that of allegedly using a government vehicle on a weekend (Saturday)”.

The newspaper also reports that Gwebu has been charged with contempt of court and was remanded into custody last week.

Several unions in Swaziland are supporting Bhantshana, however union leaders were blocked from visiting him in custody last week.

Related stories:

Times of Swaziland apologises to Chief Justice, retracts comments


‘No evidence at all that the applicant is a flight risk’– Bhantshana gets bail

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MISA-Swaziland | Alert
January 24 2014

“This court has a Constitutional duty to dispense justice without fear or favour … Justice must not only be done, it must also be seen to be done.”

These are the words of High Court Judge Bheki Maphalala as he granted bail to Swaziland’s chief government vehicle inspector Bhantshana Gwebu.

The bail hearing was heard in Swaziland’s High Court on Wednesday 29 January, 2014.

Bhantshana has been in custody since he handed himself into police on Saturday 20 January. It was reported that union leaders tried to visit him in jail but were denied access.

On Saturday 18 January Gwebu arrested and charged the driver of a government vehicle for allegedly not having the required authorisation documents. The passenger in the government vehicle at the time was High Court Judge Esther Ota.

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Chief government vehicle inspector Bhantshana Gwebu says he never charged or detained High Court Judge Esther Ota, but only charged and arrested the driver of her car for not having the correct documents. Pic: Swazi Observer, Jan 29 2014

It’s been reported that Judge Ota was picking up uniforms for her children at Sifundzani High School when Bhantshana arrested her driver, Vusi Tsela.

The Chief Justice then served Bhantshana with a warrant of arrest and charged him with contempt of court. It has been alleged that in arresting the driver of Judge Ota, she was then unable to make it to court to carry out her duties.

The Crown — or Department of Public Prosecutions (DPP) — case against the vehicle inspector also reads: “Judge Esther Ota enjoys diplomatic immunities and privileges as a Judge of the High Court from the Commonwealth.”

The government's case against its own vehicle inspector. Pic: Swazi Observer, Jan 29 2014

The government’s case against its own vehicle inspector. Pic: Swazi Observer, Jan 29 2014

Today’s Swazi Observer reports that Bhantshana “argues that it was open to Judge Ota, who was a passenger to find alternative transport after realising that the vehicle registered GSD028JU had authorisation problems”.

In other words, Bhantsana says he never charged or detained Judge Ota and she was free to make her own way to the court.

The Crown’s argument, led by South African lawyer Norman Kades, was that Bhantshana should be denied bail because he hadn’t properly filled in the bail application forms, and that he hadn’t handed over his passport.

Kades also stated that any health concerns that Bhantshana is suffering from can be taken care of while he is “incarcerated”.

Bhantshana has also stated that his wife will have trouble to pay the bills if he is not granted bail. In response to this matter, Crown lawyer Kades said, “clearly the wife can take care of the school fees”.

Bantshana’s lawyers argued that his employment — or at least a reliable income — is not guaranteed if he is kept in custody.

Previous claims that Bhantshana was a flight risk because he was being supported by a union — and that union would supposedly assist Bhantshana to skip bail — were dropped by the Crown’s legal team. This claim was also found by the court to be baseless. Judge Maphalala said the media had misled the pubic in reporting claims a union had “hijacked” the case.

Bhantshana’s legal team argued that he was not a flight risk and that he had a right to bail.

In putting forward the argument for bail, Bhantshana’s head lawyer Machawe Sithole said Bhantshana was a “law-abiding man” and a “Christian”, noting that he had given many years of service in public life and was a “Swazi citizen known to everyone”.

In making his decision to grant bail, Judge Maphalala noted that Bhantshana had handed himself into police custody; that the unions supporting him are legally recognised; and that union members accompanied Bhantshana when he handed himself into police.

The judge said there was “no evidence at all that the applicant (Bhantshana) is a flight risk”.

Judge Maphalala also said that unions have a duty to assist there members, adding that allegations by the Crown — to the effect that unions had tried to “hijack” the case — are “very misleading”.

Phumlani Gwebu, the son of Bhansthana, said: ”I’m happy my father has been released on bail and I hope he goes on and wins the case. Truth be told he was executing his duties that the state hired him to do.”

The judge granted bail to Bhantshana at E15,000 ($US1650) but said he only had to pay E2,500. The balance would paid in surety. Bhantshana was also ordered to surrender his passport and to report to Manzini police station on the last Friday of each month until his next day in court.

No date has been set for pre-trial proceedings.

In the middle of the story: High Court Judge Esther Ota
Esther Ota grew up in Nigeria and worked as a judge in Nigeria as well as in The Gambia before joining fellow legal eagles in Swaziland.

Seconded to Swaziland: Judge Esther Ota

Seconded to Swaziland: Judge Esther Ota. Pic: Times of Swaziland

In his welcoming remarks to Judge Ota when she joined Swaziland’s judiciary, Chief Justice Michael Ramodibedi speaks of Ota’s rise up the judicial ladder.

“In 2009, she was elevated to the position of the President of the Gambia Court of Appeal, a position she held until November 2010, when she was seconded by the Commonwealth to the High Court in this jurisdiction.”

Read the full remarks by the Chief Justice by clicking here

And for more information on Judge Ota click here to view an online profile

Related stories: 

Bhantshana case postponed till Wednesday 29 January

Times of Swaziland apologises to Chief Justice, retracts comments

Photo at front post is of Swaziland’s High Court


Shoot to kill if you see poachers – police chief tells rangers

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MISA-Swaziland | Alert
January 31 2014

Swaziland’s police chief says game rangers are allowed to shoot anyone suspected of poaching wildlife.

Today’s Times of Swaziland reports the comments by police chief Isaac Magagula speaking to a group of traditional leaders in the land-locked southern African nation. 

“Animals are now protected by law and hunting is no longer a free-for-all, where anybody can just wake up to hunt game whenever they crave meat,” said Magagula in the Times of Swaziland.

“Of course, it becomes very sad whenever one wakes up to reports that rangers have shot someone. These people are protected by law and it allows them to shoot, hence it would be very wise of one to shun away from trouble,” added Magagula. 

The article says “the media had for a long time been peppered with reports of killings by rangers”, noting that human rights activists have condemned such killings. 

Commentators inside Swaziland have spoken against the “shoot to kill” policy, saying many people are not poaching large game, such as endangered black rhinos, but go hunting animals, such as warthogs, to feed themselves and their families. 

MISA-Swaziland’s advocacy officer Phakama Shili wrote an opinion piece, ‘Human Rights versus Animal Rights’, about this topic last year. Click here to read it. 

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director

Email: misa.nd@realnet.co.sz


MISA-Swaziland runs training session, generates debate on women’s rights

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MISA Swaziland | Training
February 6 2013

MISA_COSPE logo

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland), in partnership with human rights NGO COSPE, is running three training sessions for journalists in February on women’s rights.

The first session was held yesterday in Mbabane, the capital. Six journalists attended the practical training session, where they are encouraged to assert their journalistic independence while searching for real stories in the real world.

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MISA & COSPE training session: Journalists Nontobeko Tshabalala (Times of Swaziland) and Noxolo Nkabinde (Swazi Observer) checking their notes after interviewing women at the Mbabane bus rank

“The session started off with morning discussions among the media representatives on women’s issues, they [then] participated in an interaction with the general public on the subject”, reported one of the participating journalists Noxolo Nkabinde, writing in today’s Swazi Observer.

“During the discussion, women’s rights in general were discussed and how they ended up being infringed. This includes abusing women sexually, emotionally, physically and otherwise. It was raised that most women in the country were not even aware of what rights they had,” said Nkabinde.

She added: “Since the training session was practical, all the reporters went out in different directions to interview the public on women’s rights and where they thought they were being infringed. The intention of the exercise and the training was to improve journalists’ understanding of women’s rights and improve their reporting on relevant issues, in a practical environment.”

Nkabinde’s colleague at the Swazi Observer, community news reporter Winile Mavuso, also wrote an article that stemmed from the MISA-COSPE training session. Mavuso shone a light on the “mixed feelings” that many people hold toward abortion.

“While the majority of men feel that abortion should not be allowed in the country, there are converted ones who believe that women should have a right to abort if they don’t want the pregnancy.”

An article written by Swazi Observer journalist Winile Mavuso after the MISA-COPSE training session in Mbabane on Wednesday 6 February, 2014

An article written by Swazi Observer journalist Winile Mavuso after the MISA-COPSE training session in Mbabane on Wednesday 6 February, 2014

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MISA & COSPE media training on women’s rights: Welcome Dlamini (Sunday Observer), Patrick Myeni (The Nation), Nontobeko Tshabalala (Times of Swaziland), Noxolo Nkabinde (Swazi Observer), Thembika Dlamini (Swazi Observer), Winile Mavuso (Swazi Observer)

MISA and COSPE are running two more trainings in February, one in the commercial capital Manzini, and the other in the smaller rural town of Sitiki.

MISA_COSPE logo

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director

Email: misa.nd@realnet.co.sz



Cop kills man on bus in Swaziland

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MISA-Swaziland | Alert
February 10 2014

A plain-clothed policeman shot a suspected thief on a public bus in Swaziland on Friday  7 February.

The Times of Swaziland Sunday, a weekly newspaper, reported that “a man suspected to have stolen copper wire was shot dead aboard a bus, allegedly by a police officer”.

According to the report the bus was travelling from Sitiki, in eastern Swaziland, to the commercial capital Manzini, located in the middle of the country.

“Majahonke Zikalala, the driver of the bus, confirmed the shooting. ‘I thought we were being robbed when the police officer produced the gun’, said Zikalala”, reports the newspaper.

The Times Sunday details the shooting, describing the moment of the shooting.

The driver “then said while the man [suspected thief] was attempting to force his way out of the bus, the police officer shot him in the back, near the spine… the man fell on the floor after which he was handcuffed while he bled”.

The police officer was said to have called an ambulance but it failed to show up on time and the man died.

Times of Swaziland Sunday, February 9 2014

Times of Swaziland Sunday, February 9 2014

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz

 


Cops save journalists in Swaziland

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MISA-Swaziland | Alert
February 10 2014

A mob “virtually abducted” journalists who were trying to take photos of a bus that was involved in a shooting last Friday 7 February.

The Times of Swaziland Sunday, a weekly newspaper, says that without the help of local police the journalists would have faced an even more dangerous situation.

“The Royal Swaziland Police (RSP) prevented what might have been a gross violation of the rights of the media yesterday,” says the Times Sunday.

“The police intervened when a group of people virtually abducted journalists who wanted to take a picture of the affected bus at Lukhula, near Sitiki.”

To get the attention of the police the journalists called their editor who then called police superintendent Wendy Hleta.

Hleta is said to have called the Sitiki police who then went to the rescue of the journalists.

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Times of Swaziland Sunday, February 9 2014

For comments or queries, please contact:
Vuyisile Hlatshwayo
MISA-Swaziland National Director
Email: misa.nd@realnet.co.sz


‘Stop telling us we don’t have equal opportunities’– Swazi girls want leadership

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MISA Swaziland | Training
February 20 2013

Girls in Swaziland are yearning for women in positions of power to share knowledge and offer assistance, according to a Swazi Observer article that stemmed from a MISA and COSPE training session on women’s rights.

The training was held in Swaziland’s commercial capital Manzini on February 12 2014.

Winile Mavuso article

Winile Mavuso’s article in the Swazi Observer after the MISA-COSPE training session

In patriarchal Swaziland, girls face many barriers — some of which are invisible cultural barriers — but the girls interviewed in the article said this is no excuse and that women should help one another.

“About 18 girls participated in the discussion and most thought that if successful women both in parliament and in business could encourage others and change could be witnessed in the country,” wrote Swazi Observer journalist Winile Mavuso, who took part in the training.

“They encouraged women to support one another,” continued Mavuso.

The participating journalists at the training: L-R. Patrick Myeni (The Nation magazine) Winile Mavuso (Swazi Observer), Welcome Dlamini (Sunday Observer)

The participating journalists at the training: L-R. Patrick Myeni (The Nation magazine) Winile Mavuso (Swazi Observer), Welcome Dlamini (Sunday Observer)

One of the girls interviewed said: “Give us the spirit instead of telling us we don’t have equal opportunities, create a different mindset to both bots and girls.”

Gender equality movement Half the Sky has compiled the following statistics on educating girls.

  • Two-thirds of the 781 million illiterate adults in the developing world are women
  • Nearly one out of every five girls who enrols in primary school does not complete her primary education in the developing world
  • 75 percent of un-enrolled girls are from ethnic minorities or very poor families, despite being only 20 percent of the population
  • A child born to a literate woman is 50 percent more likely to survive past the age of 5
  • Young women’s earnings will be 10 to 20 percent higher for each additional year in school

Human rights NGO COSPE, in partnership with MISA-Swaziland is running three training sessions for journalists in February on women’s rights. The training forms part of project –supported by the EU Commission and Swaziland’s Action Group Against Abuse (Swagaa) — that aims to encourage girls and women to claim their universal human rights, which are enshrined in the country’s Constitution as well as the many international agreements that Swaziland has signed on to.

Click here to read about the first training session in Mbabane

The next training will be held in the town of Sitiki.


MISA celebrated radio day

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MISA-Regional | Statement
February 21 2014

WINDHOEK NAMIBIA – On 13 February 2014, the Media Institute of Southern African (MISA) joins the rest of the world to mark the third annual World Radio Day, and to celebrate radio as a medium and the positive impact it has around the world.

The theme of this year’s World Radio Day is gender equality and women’s empowerment in radio, so celebrations will focus not only on celebrating radio as a medium, but on the contribution women are making to broadcast media.

Commenting on the 2014 theme, MISA’s Regional Director Zoé Titus, noted that whilst women in Africa have made great strides in radio, concerted effort is still required to ensure equal opportunities for women in the broadcasting sector.

According to the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the United Nations Development Programme (UNDP), worldwide only around 25 percent of media enterprise board members are women, just 22 percent of news subjects in radio are women, and only 6 percent of stories highlight issues of gender equality. In Africa, women report only 38 percent of radio stories.

MISA is of the view that women make an important contribution to the diversity of values, culture and expertise, expressed in broadcasting output and in the work place. For this reason MISA is committed to working with media owners, media workers and governments to develop gender-related policies and strategies for radio and, equally important, to promote the safety of women radio journalists.

Titus issued a challenge to female radio journalists across southern Africa, imploring them to “be the difference that they wish to see in the radio sector”.

“Only women themselves can lead this revolution,” she said. “I want to see women journalists educating themselves, to claim their power and that of radio to bridge the inequality gap.”


We are entering an ‘abyss of despair’– Times of Swaziland

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MISA-Swaziland | Alert
February 21 2014

The Times of Swaziland, the kingdom’s only privately owned daily newspaper, says the country’s economy has recovered from an “economic nightmare” but still faces challenges.

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Times of Swaziland editorial, February 21 2014

“As with all recovery periods it cannot be expected to immediately flex its financial muscle, at least not until it has been determined that it can afford to,” says the Times of Swaziland editorial.

The article says that civil servants should be patient and not ask for too much, especially when it comes to claiming overtime pay.

“The possibility of losing your job because there is no money to pay you is infinitely more horrifying than losing your benefit of claiming for working extra hours.”

The newspaper suggests that civil servants should consider the bigger picture.

“It may well be that considering the bigger picture; the one that shows Swaziland back on stable economic ground and civil servants salaries receiving their overdue increments, is what we all need to be doing to get through what seems to be an abyss of despair.”

Swaziland is an absolute monarchy and is ruled by King Mswati III, who has been in power since 1986. The king has power over the judiciary, the legislature and the cabinet.

Director of Swaziland’s Media Institute of Southern Africa, Vuyisile Hlatshwayo, in a recent Africa Check article says the nation’s system of “monarchical democracy” entrenches the power of the king and the system of monarchy.

“Fifty-five of the House of Assembly’s 65 members are elected by popular vote through the tinkhundla (local council) system, in which local chiefs who traditionally answer to the monarch are required to vet all candidates prior to election. The king appoints the remaining 10 parliamentarians. The monarch also appoints 20 of the country’s 30 senators (the remainder are selected by the House of Assembly). Parliamentarians are not allowed to initiate legislation, and only the king is empowered to sign bills that parliament has passed into law.

“Swaziland’s executive authority is vested in the monarch: the prime minister is appointed by the king from the House of Assembly. The king appoints the cabinet on the prime minister’s recommendation.”

Swaziland has the highest HIV rate and TB rate in the world and 70 percent of the population live in hunger. According to the World Bank life expectancy in Swaziland is 48.

Many people are afraid to question or criticise the king and the monarchy in public.

The BBC reported that King Mswati is rated by Forbes magazine as the world’s 15th richest monarch with a personal fortune of $100m.

 

 


Culture of rape ‘taken root in the fibres of the fabric’ of Swaziland, says newspaper

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MISA-Swaziland | Alert
February 21 2014

Rape is a big problem in Swaziland.

The Times of Swaziland, in today’s editorial, commented on the recent trial of man who raped a 53-year-old woman. The man received 12 years in jail for his crime.

Times of Swaziland editorial, Feb 21 2014

Times of Swaziland editorial, Feb 21 2014

“Unapologetic sentences of this nature may well be the deterrent that rapists need. The understanding that another human being’s body is exactly that; another human being’s body, and you have no right to it,” says the Times of Swaziland.

“Rape continues to be a despicable social disease that has taken root in the fibres of the fabric that make up our society.”

Health professionals have said the culture of rape contributes to the already high rates of HIV in the country.

Swaziland has the highest HIV rate and TB rate in the world and 70 percent of the population live in hunger. According to the World Bank life expectancy in Swaziland is 48.

Swaziland is an absolute monarchy and is ruled by King Mswati III, who has been in power since 1986. The king has power over the judiciary, the legislature and the cabinet.

Many people are afraid to question or criticise the king and the monarchy in public.

The BBC reported King Mswati is rated by Forbes magazine as the world’s 15th richest monarch with a personal fortune of $100m.


King saves journalists after scuffle breaks out

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MISA-Swaziland | Alert
March 4 2014

Local media reported that King Mswati III, Swaziland’s ruler since 1986, told security officials to stop harassing journalists during a traditional festival.

“His Majesty the King came to the rescue of journalists who were covering the marula festival at Hlane after they were occasionally harassed by security officials,” reported the Times of Swaziland yesterday.

“A group of security officers bearing tags marked ‘Press Control’ occasionally harassed journalists and prevented them from taking pictures of some of the people seated under the VIP tent.”

The journalists were reportedly trying to take photos of the Queen Mother, mother of King Mswati, when security officials got in their way.

Image (2)

Times of Swaziland, March 3 2014

“Some journalists were manhandled and shoved out of the arena in full view of His Majesty the King,” reported the Times of Swaziland.

According to the newspaper a photojournalist was overheard saying the following when plain-clothed police pushed him: “Please leave me to do my job! Don’t grab me like this.”

As the scuffles broke out “the king immediately sent Khandlela Mdluli, the Protocol Officer, to calm things down”.

Mdluli is reported to have said: “The King says stop shoving them and let them do their job. He says you must only make sure they do not block those who are dancing.”

Swaziland’s Media Institute of Southern Africa (MISA-Swaziland) welcomes the king’s comments and urges all others in positions of authority to also respect the work of journalists. In particular, the role the media can play in fostering developing, reducing poverty, and bringing greater transparency.

Journalists often have a difficult time doing their job in Swaziland, an absolute monarchy. Censorship is widespread and any direct criticism of the ruling monarchy is forbidden.

Click here to read more about free speech and media freedom in Swaziland.



Journalists kicked out of airport opening – no accreditation

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MISA-Swaziland | Alert
March 10 2014

Swaziland unveiled a new airport last week. News agency AFP said the $280-million airport is “years away from being operational and has been dubbed a ‘white elephant’ by critics”.

Local media in Swaziland, which rarely questions or directly criticises the ruling monarchy, reported that “numerous members of the public posing as television journalists were pulled out of the arena for failing to produce accreditation cards to vigilant security officials”.  

The Observer on Saturday, a weekly newspaper effectively owned by King Mswati III — who has been in power since 1986 — said “some photographers were suspected to be from foreign media houses and overlooked the need to get accreditation to work at the highly anticipated opening of the Sikhuphe Airport yesterday, later named King Mswati III Airport”.

The newspaper says the journalists were mostly believed to be from Botswana.

“The ‘journos’, some of whom were local, gave security the slip and began working undeterred,” reported the Observer on Saturday.

“Security officials were seen approaching the men requesting to see their needed identification allowing them to work, failure to produce the needed cards meant instant removal and the men were seen gathering their equipment looking dejected, leaving the arena.”

A member of the public was also reported to have been ejected from the event for recording the proceedings.

A security official, according to the newspaper, said “there is a need to tighten security from such events and this is a warning to all other media houses”.   


Swaziland’s new airport – another side of the story (in pictures)

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MISA-Swaziland | e-Forum
March 12 2014

Swaziland, a country of 1.2 million people in sub-Saharan Africa, unveiled a new airport last week. However news agency AFP said the $280-million airport is “years away from being operational and has been dubbed a ‘white elephant’ by critics”.

During construction, which began 11 years ago, the airport was known as Sikhuphe Airport. At the opening on Friday 7 March its new name was revealed as King Mswati III International Airport.

King Mswati has ruled Swaziland since 1986.

AFP reported the $280-million cost is “equivalent to almost 10 percent of the impoverished mountain kingdom’s 2012 Gross Domestic Product”.

The article further noted: “Authorities in the sub-Saharan Africa’s last absolute monarchy hope the airport will help attract tourism and foreign investment. But it has yet to be granted an operating licence by the International Air Transport Association (IATA) and no airlines are expected to make use of the airport for years to come, prompting concerns about the viability of the project.”

Some of the more inconvenient facts pointed out by the AFP article were suppressed or glossed over by most of the Swazi media, which does not openly question or directly criticise the actions of the king or the monarchy. Most of the reports that were published gave exaggerated accounts of events.

“His Majesty King Mswati III had everyone in stitches of laughter yesterday when he humourously blasted critics of the new King Mswati III International Airport,” reported the nation’s only privately owned daily newspaper the Times of Swaziland.

“Exuding an extra-ordinary sense of humour and charisma, the King, who was visibly in a jovial mood, literally joked about the criticism that was levelled at the airport when it was at its infant construction stages.”

MISA-Swaziland’s e-Forum went along last Friday to document the opening.

"The new airport, built 70 kilometres (44 miles) away from the capital Mbabane, will eventually be able to handle 300 passengers per hour and its runway can accommodate jumbo jets, officials said." AFP

“The new airport, built 70 kilometres (44 miles) away from the capital Mbabane, will eventually be able to handle 300 passengers per hour and its runway can accommodate jumbo jets, officials said,” reported AFP

IMG_2468

Some school children got a lift to the event

Many people came for the opening

The opening of the airport was a popular event: cars queued as they got closer to the gates

Security officials with guns lined the entrance

Security officials with guns calmly mingled with interested bystanders

IMG_2512

Not everything was completed in time for the opening

Dignitaries arriving as local residents stroll in

Dignitaries arriving as local residents stroll in

Many people from the surrounding communities came for the airport's opening

Many people from the surrounding communities came for the airport’s opening

The arc at the entrance of the airport wasn't complete for the opening

IMG_2539

A security official giving directions to a resident in the car park

A security guard giving directions in the car park

A few cars got stuck in the muddy car park

A few cars got stuck in the muddy car park

The dance group before their performance

The dance group before their performance

Security in front of the VIP section

Security in front of the VIP section

Pre-speech entertainment

Pre-speech entertainment performing in front of the VIP guests

The pre-speech entertainment in the background

Security patrolling the area as pre-speech entertainers perform in the background.

Dignitaries arriving in the distance

Dignitaries arriving in the distance

The crowd waiting for the speeches to begin

The crowd waiting for the speeches to begin

Dignitaries arriving in the distance

Dignitaries arriving in the distance

Parachuters entertained the crowd in the lead up the the speeches

Parachuters entertained the crowd in the lead up to the speeches

The public section of the crowd waiting for the speeches to begin

The public section of the crowd waiting for the speeches to begin

King Mswati III International Airport, formerly known as Sikhuphe Airport

King Mswati III International Airport, formerly known as Sikhuphe Airport

The crowd listening to speeches

The crowd listening to speeches

Men in traditional gear salute the king as some youngsters talk amongst themselves

Men in traditional gear saluting the king’s speech as some youngsters talk amongst themselves

The crowd listening to the king's speech. "Exuding an extra-ordinary sense of humour and charisma, the King, who was visibly in a jovial mood, literally joked about the criticism that was levelled at the airport when it was at its infant construction stages," reported the nation's only privately owned daily newspaper the Times of Swaziland

The crowd listening to speeches

During the king's speech a large part of the audience left their seats to walk over the view the airport...

During the king’s speech a large part of the audience walked over to view the airport…

... but police told the people to go back to their seats, telling them they were not allowed to view the airport until the king had officially opened it

… but police told the people to go back to their seats, telling them they were not allowed to view the airport until the king had officially opened it

It was a hot day and speeches lasted most of the afternoon

It was a hot day and speeches lasted most of the afternoon. “The king said when the project started there were a lot of mixed feelings,” reported the Times of Swaziland


Journalist and human rights lawyer held in jail after closed court hearing

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MISA-Swaziland | Alert
March 10 2014

A journalist and a human rights lawyer have been arrested and charged with contempt of court in Swaziland, sub-Saharan Africa’s last absolute monarchy.

Editor of The Nation magazine Bheki Makhubu

Editor of The Nation magazine Bheki Makhubu

Editor of the The Nation magazine Bheki Makhubu and prominent human rights lawyer Thulani Maseko were both arrested and charged with contempt of court after writing articles in Makhubu’s monthly publication.

Makhubu was arrested this morning after local media reported police had yesterday raided his parental home as well as the home where he lives with his wife and children.

Makhubu, a respected journalist both inside Swaziland and abroad, was not at his parental or family home when the police came looking for him so they did not find him at either location.

The Swazi Observer, a daily newspaper effectively owned by King Mswati III, ruler of the country since 1986, quoted Makhubu in today’s paper: “I will be going to the police station [today] to hear what they wanted. Once again, I am not on the run,” said Makhubu.

“The storming of Makhubu’s residences came after reports that well-known human rights lawyer Thulani Maseko had been arrested in connection with an article he wrote for Makhubu’s publication,” reported the Swazi Observer.

Times of Swaziland front page, March 18 2014

Times of Swaziland front page, March 18 2014

The first offending article is an op-ed that appeared in the February edition of the The Nation and is written by Makhubu. According to the charge sheet:

“In that or during the month of February 2014 at or near Mbabane, in the Hhohho region, the said accused or all or them, acting jointly in furtherance of a common purpose did unlawfully and intentionally violate and undermine the dignity, repute and authority of the High Court of the Kingdom of Swaziland by issuing and publishing malicious and contemptuous statements about the King versus Bhantshana Vincent Gwebu, High Court Case No. 25/2014, a criminal matter currently pending before the High Court of Swaziland and therefore sub judice in the following manner — Compared the judicial officer who issued warrant against Bhantshana Gwebu to Caiphus who led Jesus to his killers. Alleged that the judicial officer collaborated with ‘willing servants’ to ‘break the law’. Alleged that the judicial officer ‘massaged’ the law ‘to suit his own agenda’. Falsely alleged that Bhantshana Gwebu was denied legal representation.”

The second offending article appears in the March edition of The Nation and is written by Maseko. It is an analytical opinion piece, in which he passionately questions and criticises the justice system and calls for the constitution to be upheld.

The article comments on the current case of government vehicle inspector Bhantshana Gwebu, who is also facing a contempt of court charge involving the chief justice.

In the article Maseko writes: “Swazis must be prepared to pay a price if we are to win our sense of dignity and self repect.”

Maseko is seemingly paying that price, for writing a piece of analytical and impassioned writing. The article alludes to Alan Paton’s novel Cry the Beloved Country, a famous book about living in fear under South African apartheid. 

“Yes, the day will come; dawn and the light are coming to Swaziland. This will be the day when we, the people, will no longer be used as pawns, but a people with full citizenship rights to shape our destiny. So, yes, cry the beloved Kingdom of Eswatini!”

Front page of Thulani Maseko's article in The Nation magazine

Front page of Thulani Maseko’s article in The Nation magazine, with photo of chief justice Michael Ramodibedi

Local media reported that the police spokesperson, who is usually on top of things, didn’t know what was happening.

In a seemingly rushed fashion, the men were set to appear at the High Court this morning, however there was no case list at the court.

Family members and interested onlookers, nevertheless, were expecting to witness some version of an open court hearing.

Court officials and police officers at the court said that when the matter is “urgent” no case list is drawn up. In other words, no details of the hearing were immediately available at the court.

The chief justice of Swaziland Michael Ramodibedi, 69, who is a controversial figure both in Swaziland and his home country of Lesotho, is said to have issued the arrest warrant for Makhubu and Maseko.

Several commentators have suggested Ramodibedi, who has worked as a judge in Botswana and the Seychelles, is currently breaching the constitution by continuing to sit as Swaziland’s chief justice.

Entrance to Swaziland High Court

Entrance to Swaziland High Court

Section 157(1) of Swaziland’s Constitution, which came into effect on July 26 2005, says: “A person who is not a citizen of Swaziland shall not be appointed as Justice of a superior court after seven years from the commencement of this Constitution.”

It is now March 2014, more than seven years after the commencement of Swaziland’s Constitution. Does this, therefore, mean that Michael Ramodibedi, a citizen of Lesotho (and therefore a non-Swazi citizen) is now holding his Swazi post unconstitutionally?

According to Section 157(1) of Swaziland’s highest law, it would seem so.

It would also appear that Rambodibedi presided over the hearing this morning — in addition to allegedly issuing the warrant of arrest — raising doubts over how many positions he is playing in this case.

After waiting for several hours outside an empty court room, family members and supporters of Makhubu and Maskeo were told that a private hearing had just taken place in the chief justice’s chambers and both men had been taken from the building out a back door.

According to bystanders at the court, the accused journalist and human rights lawyer had been taken from the court back to Mbabane police station.

Makhubu and Maseko are now currently detained at Sidwashini jail, just north of the capital Mbabane, awaiting an open court hearing next Tuesday 25 March, according to their lawyer Mandla Mkhwanazi, a well-known human rights lawyer in Swaziland.

Lawyer Mandla Mkhwanazi addressing onlookers outside the High Court

Lawyer Mandla Mkhwanazi addressing onlookers outside the High Court

Mkwanazi held an impromptu press conference outside the High Court after the closed hearing, where he told journalists, fellow lawyers, civil society members, and family members of the accused that the procedures followed in the private hearing were “peculiar”.

He said there were about 10 people in the chambers, including several security guards.

Mkwanazi said there was no discussion of bail and therefore the accused had no opportunity to defend themselves in the “odd” pre-trail hearing.

He said Makhubu and Maseko suggested that they wanted the hearing in an open court, but instead they were physically shoved into the chief justice’s chambers by security guards.

Mandla Mkhwanazi outside Swazi High Court_2

Lawyer Mandla Mkhwanazi addressing onlookers outside the High Court

He said the guards were not carrying weapons. Mkhwanazi stopped short of calling the High Court a “kangaroo court” but many people listening to him shouted out the words.

The mood outside the court was one of disbelief and uncertainty, as no-one was quite sure what will happen to Bheki Makhubu and Thulani Maseko.

Section 24 of the Swazi constitution guarantees free speech however many journalists work in daily fear and the chief justice is seemingly becoming more bullish in his issuing of warrants for comments made in the media that he doesn’t like.

Bheki Makhubu is currently facing a separate charge of contempt, which also involves the chief justice. This case is currently on appeal with no date set for a hearing.

The prime minster of the kingdom Barnabas Sibusiso Dlamini, 72, who is not elected by the people but appointed by the monarch, is currently honeymooning with his new wife. He got married on Saturday in a lavish ceremony and left for his honeymoon on Sunday. The king, according to local media, gave him seven days off so he could holiday in the Seychelles and Dubai.

Front of cover of The Nation magazine, with articles that have seemingly landed a journalist and a human rights lawyer in jail. Prime Minister of Barnabas Sibusiso Dlamini on the cover, who is currently in the Seychelles on his honeymoon

Front of cover of March edition of The Nation magazine. Prime Minister of Swaziland Barnabas Sibusiso Dlamini on the cover, who is currently in the Seychelles on his honeymoon

Swaziland, landlocked between South Africa and Mozambique, has the highest HIV rate in the world and 70 percent of the one million population live in constant hunger. Bus fares are about to go up and a favourable trade agreement with the U.S. might come to an end on May 15, which would leave thousands more jobless. The trade agreement is tied to democratic reforms which Swaziland has not implemented.

The Swazi king has power over the judiciary, the legislature and the cabinet.

Many people are rightly afraid to directly question or openly criticise the king and the monarchy in public, even though the king himself has told people to speak their minds.

The BBC reported King Mswati is rated by Forbes magazine as the world’s 15th richest monarch with a personal fortune of $100m.


STATEMENT: MISA condemns arrest of Swazi lawyer and journalist

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MISA-Regional | Statement
March 19 2014

MISA logo

19 MARCH 2014, WINDHOEK NAMIBIA – The Media Institute of Southern Africa (MISA) condemns the arrest, detention and unconstitutional closed hearing of prominent human rights lawyer, Thulani Maseko and Nation magazine editor, Bheki Makhubu in Swaziland.

Maseko, a senior member of Lawyers for Human Rights Swaziland, was arrested in his law firm offices in Mbabane on 17 March. Nation magazine editor, Bheki Makhubu, was arrested on 18 March after  police reportedly raided his family home on 17 March.

Both men have been charged with contempt of court relating to two separate articles that appeared in the Nation magazine and were critical of the arrest of government vehicle inspector Bhantshana Gwebu, who is also facing a contempt of court charge.

Specifically, the contempt of court charge alleges Maseko and Makhubu “acting jointly and in furtherance of a common purpose, did unlawfully and intentionally violate and undermine the dignity, repute and authority of the High Court in the Kingdom of Swaziland … [by] issuing and publishing malicious contemptuous statements” about Gwebu’s case.

This is not the first time Maseko has been arrested, having been charged with sedition in 2009, although the case was never brought to trial.

In April 2013 Makhubu, along with Nation magazine publishers, was convicted of “scandalising the court” following the publication of two articles criticising the judiciary in 2009 and 2010. Makhubu and the publisher were fined a total of E400,000 (approximately US$45,000) by the Swaziland High Court, half of which had to be paid within three days or Makhubu would immediately be sent to jail for two years. Makhubu avoided jail as his lawyers filed for an appeal before the deadline, but no hearing date has been set for the appeal.

Maseko and Makhubu were expected to appear in court the morning of 18 March, but after waiting outside an empty court room for several hours, family and supporters of the men were told a private hearing had taken place in the chief justice’s chambers. The Constitution of the Kingdom of Swaziland requires that all criminal hearings be heard in open court. One of the accused’s lawyers, Mandla Mkhwanazi, described the private hearing as “peculiar” and “odd”. He said that he was initially denied access to his client, the accused’s requests to have the hearing in an open court were denied, there was no discussion of bail and therefore the accused had no opportunity to defend themselves.

Maseko and Makhubu are currently being detained in Sidwashini Remand Prison, awaiting an open court hearing scheduled for 25 March, according to Mkhwanazi.

Both the current and previous charges laid against the men highlight the difficulties media have in commenting on current events in Swaziland. In the Reporters Without Borders 2013 Press Freedom Index, Swaziland was ranked 155 out of 179 countries, making it the worst country for press freedom in southern Africa. In 2011, the African Media Barometer (AMB) noted that there are 32 laws in Swaziland that restrict freedom of expression. Journalists interviewed by MISA said they were intimidated by the laws, and regularly practiced self-censorship to avoid upsetting high-ranking officials or attracting negative attention to themselves.

As a leading advocate for media freedom in southern Africa, for the past 22 years MISA has campaigned for the repeal of laws criminalising freedom of expression, including criminal defamation, insult, sedition and false news laws. MISA currently acts as the focal point for southern Africa as part of a Pan-African campaign which seeks to repeal criminal defamation, insult laws, sedition and false news, lead by the African Commission on Human and People’s Rights’ Special Rapporteur on Freedom of Expression and Access to Information, Advocate Pansy Tlakula.

Launching the campaign to decriminalise free speech in Africa, at the 10th Anniversary of the Declaration of Principles on Freedom of Expression in Africa in 2012, the Special Rapporteur stated “Many African countries still have laws with vague and undue restrictions that criminalise a wide range of expression, and thereby undermine constitutional guarantees and international commitments of states.

“Indeed, in many parts of the continent, the restrictions have become the principle, and freedom of expression the exception. The harsh and vague nature of criminal sanctions for speech is one of the major causes of self-censorship on the continent. Most of the laws that criminalise speech are crafted in such a manner as to allow intolerant and abusive public officials to interpret clauses so as to punish critical voices.”

MISA condemns the arrest, detention and unconstitutional hearing of Maseko and Makhubu. Arresting and charging journalists with criminal offences for doing their job is an unjustifiable restriction on freedom of expression. MISA urges the government of Swaziland to remember their international obligations under the International Covenant on Civil and Political Rights, the African Convention on Human Rights and the African Charter on Human and People’s Rights, as well as the Constitution of the Kingdom of Swaziland, to uphold and protect the right to freedom of expression.

Click here to read the statement on the MISA-Regional website

For comments or queries, please contact:
Jessica Duffy, Media Law Policy & Advocacy Officer
Email: jessica@misa.org
Phone: +264 61 232975


‘Accused persons, stand up accused persons’– Swazi judge orders more detention for journalist and human rights lawyer

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MISA-Swaziland | Alert
March 28 2014

“Accused persons, stand up accused persons. You will further remain in custody until April 9th.”

These were the parting words of Swaziland high court judge Mpendulo Simelane as he ordered journalist Bheki Makhubu and prominent human rights lawyer Thulani Maseko back into detention for another seven days.

Journalist Bheki Makhubu standing in the dock talking with family and friends before this morning's hearing

Journalist Bheki Makhubu standing in the dock talking with family and friends before this morning’s hearing

Before the hearing this morning the lawyers for Makhubu and Maseko went to the judge’s chambers to indicate they would apply for judge Simelane to “recuse himself” from the hearing — a polite legal term meaning the judge should consider removing himself from the hearing because of a possible conflict of interest. The possible conflict might arise because Simelane is a potential complainant and witness in any trial that may proceed, owing to the fact that he is a subject of one of the opinion pieces that has landed Makhbubu and Maekso in detention.

In open court, after the defence indicated it would apply for recusal, the Crown — or director of public prosecutions (DPP) — said it will oppose the recusal application. Judge Simelane then set April 9th as the date for a ‘recusal hearing’.

It was thought that Makhubu, editor of monthly magazine The Nation, might apply for bail tomorrow. However after the legal developments this morning, any possible bail hearing for Makhubu will seemingly be postponed until the matter of Simelane’s potential conflict — the recusal matter — has been heard.

Front page of weekend newspaper 'Swazi News' with headlines about prominent lawyer Thulani Maskeo taking the chief justice to court

Front page of weekend newspaper ‘Swazi News’ with headlines about prominent lawyer Thulani Maskeo taking the chief justice to court

Adding another layer of legal intrigue, it has been reported that Maseko will bring a case against chief justice Michael Ramodibedi this coming Thursday. Local media reported over the weekend that Maseko will argue that the chief justice did not have the legal power to issue the warrant of arrest, alleging further that the chief justice’s actions were unconstitutional and irregular.

Makhubu and Maseko have been behind bars since March 18, when the chief justice sent them to prison after a closed hearing in which the accused didn’t have an opportunity to defend themselves or apply for bail. Makhubu and Maseko have been charged with contempt of court for writing articles questioning the judiciary.

Ramodibedi, an unpopular figure in Swaziland’s civil society, is facing possible impeachment in his home country of Lesotho, where he is currently the suspended president of the court of appeals.

The local media in Swaziland has also raised questions regarding the competence of judge Simelane, the 39-year-old former registrar of the high court who is currently hearing the Makhubu and Maseko proceedings.

Both Ramodibedi and Simelane feature in the articles that got Makhubu and Maseko into trouble on criminal contempt charges.

The front page of the opinion piece written by human rights lawyer Thulani Maseko. This article has landed Maseko in detention on contempt of court charges. The article makes mention of chief justice Michael Ramodibedi (the man who issues the warrant of arrest) as well as newly appointed judge Mpendulo Simelane (who presided over the open court hearing of Maseko and his fellow accused, journalist Bheki Makhubu. Makhubu is editor of the The Nation, the magazine where the article appeared.

The front page of the opinion piece written by human rights lawyer Thulani Maseko. This article has Maseko in detention on contempt of court charges. The article mentions chief justice Michael Ramodibedi (left), the judge who issued the warrant of arrest and is seemingly a potential complainant and a witness in his own court; as well as newly appointed judge and former court registrar Mpendulo Simelane (right), who is currently presiding over the pre-trial proceedings of Maseko and his fellow accused, journalist Bheki Makhubu. Makhubu is editor of the The Nation, the magazine where the article appeared.

Many local and international legal observers are questioning how judicial independence can be maintained when a judge, who is presiding over pre-trial proceedings, is also a potential complainant and witness in any criminal case that might proceed.

Outside the court after the hearing many political activists were seen singing and dancing; police softly prodded them towards the exit of the high court’s car park, where the activists continued to sing protest songs.

Political activists protesting outside the high court of Swaziland after journalist Bheki Makhubu and lawyer Thulani Maskeo were ordered back into detention

Political activists protesting outside the high court of Swaziland after journalist Bheki Makhubu and lawyer Thulani Maskeo were ordered back into detention

Read more:

Bheki Makhubu back in detention after Crown opposes bail – more jail time for respected Swazi editor

Journalist and human rights lawyer held in jail after closed court hearing

7 more days behind bars for you two – judge orders more jail time for Swazi journalist and human rights lawyer 

Is the Swazi broadcast media following the story of the jailed journalist and lawyer?


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