Dark Days in eswatini - reflections on the aftermath of the violent upheavals in eswatini in June 2021 - Campaign for Free Expression
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Dark days
in eSwatini
Reflections on the
aftermath of the
violent upheavals in
eSwatini in June 2021
D a r k d ay s i n e S wat i n i 1
contents
04
Introduction
The year pent-up anger boiled over
Anton Harber
Weeks of violence in eSwatini have drawn little attention
outside the tiny kingdom. This publication aims to shine
some light into eSwatini’s ongoing political darkness and
29 encourage those with the power and authority to influ-
ence events there to follow that light.
06
Inside eSwatini
At night, it’s ripe for the taking
BHEKI MAKHUBU
The veteran Swazi editor, who has himself been jailed
for his reporting, reflects upon the consequences of the
looting and mayhem in which scores were killed ... and
suggests that their long-term effect will be to roll back
39 Mswati’s limited concessions to democracy.
20
media and censorship
Not so free expression in Mswati’s kingdom
Carien du Plessis
One of the world’s few remaining absolute monarchs,
Mswati III can ignore his own constitution and parlia-
ment, fire judges, order the arrest of critics for the mildest
forms of dissent, and turn a blind eye to accusations of
police torture and killings.
Published by Campaign for Free Expression NPC
Johannesburg, South Africa
Copy editing: Drew Forrest
Layout and design: Irwin Manoim
Proof reading: Laura Tyrer
44 eyewitness account
Police kidnapping and killing
anonymous
Campaign for Free Expression was launched in An eyewitness tells of watching terrified youths being
2021 to enable and defend free expression for ISBN Number: 978-0-620-96278-0 taken into custody by police ... and wonders what their
all in southern Africa. Copyright 2021: fate might have been.
Campaign for Free Expression NPC
See: www.freeexpression.org.za
Contact: info@freeexpression.org.za Printed by Millionaire Printers
2 D a r k d ay s i n e S wat i n i 3
introduction
The year pent-up anger boiled over
ANTON HARBER
Executive Director, Campaign for Free Expression
Who we are
T
hese have been dark days its citizens’ expressing criticism of the long closed through control of most
for eSwatini, particularly for country or its governance, particularly mainstream print and electronic media.
those fighting for democratic anything that may show King Mswati Campaign for Free Expression is a Facebook in particular shifted in this
reform in the small kingdom. III in less than glowing terms. With non-profit organisation dedicated period from being “a mundane mode of
This year pent-up anger and growing dissent and criticism of the social discourse”, Makhubu argues, to “a
to enabling and defending
frustration over the lavish regime in recent months, the only reaction platform for absolute freedom of speech”
freedom of expression for ALL
lifestyle and dictatorial rule of the authorities has been to shut down where things are said which could never
Notably, of King Mswati III boiled over in violent avenues of peaceful protest accompanied
across southern Africa. CFE is
firmly non-partisan, defending
be repeated on any other media platform Harassment
eSwatini’s large protests, which were brutally put down by
the security forces. Up to 50 people were
by a sharp and alarming uptick in the
level of repression and violence used by the expression of all opinions
in the country.
The authorities dealt with this by reached
and powerful killed in a week of mayhem.
Worryingly, this went largely unnoticed
the government and its army to suppress
protest.
and ideas, no matter how
uncomfortable, controversial and
temporarily closing down the internet,
making reporting almost impossible for
unprecedented
neighbour, in the international, continental and This is documented in the report here unpopular they may be. both traditional and new media, and all levels when two
South Africa, regional community as those with
influence and power to restrain the
by respected eSwatini journalist Bheki
Makhubu editor of eSwatini’s only
See www.freeexpression.org.za communication extremely difficult. The
cellphone provider MTN was forced to
journalists from
with its king and encourage reform stood by in independent political mouthpiece, take down its network and did so without Johannesburg
enormous silence. The South African Development
Community, the African Union and the
The Nation. He outlines the history and
politics that led to the recent protests, the of the eSwatini upheavals. Shortages
any apparent protest or resistance. There
are also worrying moves to outlaw the
online magazine
regional United Nations showed little more than way the king cut off avenues of peaceful of resources in most South African publication of what the government New Frame were
dominance and token interest. Notably, eSwatini’s large
and powerful neighbour, South Africa,
petition, and the harshness of the state’s
response.
newsrooms mean that many try and
cover it from Johannesburg, using social
regards as “fake news” on internet
platforms.
arrested and
clout, paid little with its enormous regional dominance This picture is reinforced by an media and the cellphone to try and This raises important questions about tortured by the
attention ... and clout, paid little attention.
There has been no sign yet that Mswati
eyewitness piece by an anonymous
journalist who describes seeing soldiers
capture the story. Those reporters that
try to go to eSwatini struggle to get
how and why South Africa, which has
enormous sway over ESwatini, stayed
eSwatini police
is prepared to heed the demands for abducting citizens off the street in their permits, and then are often followed and aloof from events, and not much was
reform or talk to his disgrunted subjects. ruthless enforcement of the curfew. harassed when they are there. Again, this heard from either SADC regional
Indeed, he seems to be tightening the The fact that the reporter declined to is not new, but the harassment reached structures or the African Union.
screws by dragging supposed “ringleaders” identify himself demonstrates the fear unprecedented levels when two journalists The eSwatini protesters, demanding
through court. and uncertainty that forces journalists in from Johannesburg online magazine New accountability from their government,
It was out of concern for this harsh eSwatini to self-censor. Frame were arrested and tortured by the were hung out to dry by the regional,
repression of protest, and to draw With tight controls and enforced eSwatini police. continental and global bodies.
attention to it and the media suppression self-censorship in eSwatini itself, it Despite the tough repression, With this publication, we hope to shine
that accompanied it, that Campaign for becomes crucial for South African Makhubu’s piece highlights how social some light into eSwatini’s darkness and
Free Expression commissioned these in- and international media to cover these media is allowing for more criticism encourage those with the power and
depth reports on these disturbing events. events. Carien du Plessis’ piece sets of King Mswati III’s rule than ever authority to influence events there to
eSwatini has long been hostile to out the impediments to full coverage before, forcing open the door he had follow that light.
4 D a r k d ay s i n e S wat i n i 5
At night it’s ripe for the taking
BHEKI MAKHUBU reflects on the aftermath of the
violent upheavals in ESwatini, suggesting they may
have rolled back the small democratic gains achieved
under King Mswati’s dictatorship
6 D a r k d ay s i n e S wat i n i 7
inside eswatini today
W
hen King Mswati democracies. But the country’s politics Bill of Rights that protects many
III finally came have contrived to render it stillborn, fundamental freedoms, including those
out of his palace and King Mswati still rules as an of expression, assembly, and conscience
to address absolute monarch who exercises power and religion.
the people of on a whim. It also contains provisions that have
eSwatini on July This partly explains why the country relaxed some stringent customary law
16 this year, after went into free fall at the end of June. practices, such as forcing women to
a week of violent mass protest and Mswati has been on the throne for mourn their dead spouses. However,
a brutal security force crackdown, it 35 years, ruling over a people who have its application remains a mirage for
was the first time that he had spoken become increasingly despondent with many citizens.
strongly about the need to uphold the his leadership. The economy has been It is a deferred dream for many
values of the Constitution which he on a downward spiral while he has reasons .
signed into law in 2005. hugely increased his personal wealth. The traditional authorities, an
Never before in the country’s 53- Having been in power longer than integral part of the country’s power
year independence had it experienced other leaders of the southern African structures, and the pro-democracy
the mass looting of businesses, the region, he considers himself one of the forces both reject the Constitution
torching of shops and barricades of senior statesmen on the continent. because they believe it does not serve
burning tyres on the roads. their interests.
B
The chaos that erupted in the ut Mswati is not a political animal The traditionalists believe that it
country was driven mainly by the by any stretch of the imagination. seeks to challenge the powers of the
youth calling for political reform. The While he has brought some king and subordinates him to “mere
government would later estimate the political reforms, such as removing piece of paper”, as they put it. They
damage to infrastructure at R3-billion. the Electoral College system during complain that if the Constitution was
Under the banner of national elections to allow people to followed to the letter, the king would
#KungahlwaKwenile (“at night it’s ripe vote their candidates directly into lose his status as an absolute monarch.
for the taking”) the marauding youth, Parliament, he has refused to yield to Pro-democracy campaigners, on the
most of whom are unemployed and calls for a multiparty democracy. other hand, reject it because they had
have no prospect of getting a job, used He has said and done nothing to no say in drafting it as a collective,
the cover of night to embark on an articulate a political vision for the objecting that it was imposed on
orgy of destruction that ended when country. Instead, he has tried to project emaSwati by the king.
the army was deployed on the streets eSwatini as a peaceful state by creating Only individual submissions were
to crush the insurrection. a society of pliable followers who allowed during public consultations Mourners at the July 25 funeral of Mphostoli Masilela, shot by a police officer for saying that he doesn’t recognise King Mswati
The number of dead after the question nothing and do as they are during the constitutional drafting
confrontation is a matter of dispute. told. exercise from the mid-1990s to the
The government claims 34 people died To this end he has, time and again, early 2000s. As a result, the courts, a constitutional assembly or national embodies what is in substance an the absolute monarch he has always
while leaders of the pro-democracy unleashed the full might of security particularly the High Court and convention where a more legitimate agreement reached by various shades been.
movement claim the true figure is forces to quash any dissent, including Supreme Court, have been ambivalent Constitution could be drafted and of public opinion as to how the The media, and particularly the print
more than 50. supressing even mundane protest about enforcing it, and especially the adopted by the people. sovereign power of the state is to be media, has been the biggest casualty.
One thing is clear: no soldier or action by public servants seeking better Bill of Rights. Refusing this application, judge exercised in the future. The two major daily newspapers, The
policeman died in the upheavals. pay from government. In May 2008, three years after the Pat Tebbutt said: “The people of “It is usually evolutionary, not Times of eSwatini and The eSwatini
What was significant about King He has no tolerance for people who Constitution became law, the Supreme Swaziland, despite the protestations revolutionary. That is what occurred in Observer, the former privately
Mswati’s call for emaSwati to respect speak out against the country’s ills. Court dismissed an application by of the appellants to the contrary, took South Africa. It is also what happened owned and the latter owned by the
the Constitution was that in the Despite his recent call for people to pro-democracy groups to have the part in that [constitutional] process. in this country.” royal investment house Tibiyo taka
16 years since it was enacted as the read and follow the Constitution when Constitution struck down in order to Views were expressed, submissions and Despite the highest court endorsing Ngwane, have greatly curtailed their
supreme law, he has done very little, if they seek change, his track record allow the process of consultation to representations made and the reports the Constitution, pro-democracy reporting on critical issues because of
anything, to promote its values. shows that he does not think this start afresh. collating and analysing those views groups have refused to accept it and lawsuits and threats from government
eSwatini’s Constitution bears injunction applies to him. They sought an order from the court were put before the king. the courts have been reluctant to and others in power.
comparison with those of many other The Constitution includes a to force the government to convene “It has been said that a Constitution enforce it. As a result, Mswati remains The media has faced a slew of
8 D a r k d ay s i n e S wat i n i 9
inside eswatini today
In eSwatini the Freedom of speech
lawsuits in recent years, losing the courts have, The Observer, established in 1982, is source of information. is so absolute on In March this year, the government
vast majority of them. Significantly, time and again, the state’s official mouthpiece, set up The most active social media Facebook that it is hired a South African law firm, Brian
publications have not won a single
case by using section 24 of the arrogated to to promote the image of the king and
the royal family. It has never pretended
platform is Facebook. However,
WhatsApp has gained considerable frightening to read Kahn Attorneys, to represent the
king in his personal capacity and the
Constitution, which protects freedom
of expression.
themselves the right to do anything else and has always
been selective in how it reflects public
traction as a way of disseminating
information, group platforms being
what some people government in legal action against
Zwemart and his publication for
Between losing cases and reaching of editors to decide sentiment on matters of national the most convenient way of sending have to say about publishing articles that are “materially
out-of-court settlements, publications
have paid out many millions in
what is or is not in interest.
But it is the change in stance by The
out messages.
Twitter is slowly growing its base
the leadership false, defamatory, unsubstantiated and
caused reputational harm to the king”.
damages and, as a result, have been the public interest, Times over the past decade that has but has yet to find a firm footing. of the country. At a time when online news
forced to withdraw into their shells as destroyed the credibility of the print However, the advent of Twitter Spaces, distribution is in its infancy, Zwemart
a safety precaution. Self-censorship is media in the eyes of the public. a live audio platform, is gaining favour has had the sense to propel his
their safest escape. Once the mouthpiece of public among emaSwati to debate issues publication and gain readership by
The most significant payout, which It is now common for the courts discourse, the newspaper also fell into affecting the country. It is used mainly publishing. The Cybercrimes Bill may using Facebook and WhatsApp to
forced them to take several steps back, in eSwatini to quote the Bogoshi line as a defender of the monarchy, by citizens in the diaspora to engage have been drafted mainly to deal with spread the news. His Facebook fan
was the December 2014 judgment in judgement’s distinction between what in order to preserve itself against on matters back home. Zweli Martin Dlamini, originally a page has a huge following.
The Times of Swaziland v Inkhosatana is in the public interest and what is the government’s growing hostility Until recently, and except for a little-known private investigator who Zwemart has grown what appears
Gelane Simelane, who at the time was merely interesting to the public. towards the news media. few users who occasionally posted to went to extreme lengths to dig up to be a strong base of news sources.
president of the Senate. The irony is that the South African It should be mentioned that the awaken a docile public, Facebook was dirt on those he had been hired to Perhaps his finest moment was his
She was awarded R500 000 in judgement relaxed stringent legal proprietor is an expatriate who a mundane mode of social discourse, investigate. publication of a recording of the
damages for an article which quoted impediments to the freedom of courts the danger of being declared where there was little engagement on former army commander, Jeffrey
N
members of the community where she expression in that country, in particular a prohibited immigrant, which may the country’s pressing national issues. ow known as “Zwemart”, his Shabalala, confiding state secrets on
is an acting chief, who questioned her strict liability for the publication of serve to heighten the newspaper’s Recently, however, the tide has muckraking methods were the king’s state of mind about the
right to hold the position. false articles. aversion to risk. turned. Users have begun to discuss highlighted when in October uprising. Shabalala has since been
The judgment was delivered by the But The Times took matters a step issues they cannot air anywhere else. 2014, at the dead of the night, he and replaced.
I
former chief justice, the late Michael n eSwatini the courts have, time and further by allowing its editor, Martin Freedom of speech is so absolute on his team of investigators broke into the Why, then, does Zwemart’s ragged
Ramodibedi. again, arrogated to themselves the Dlamini, to double as the king’s the platform that it is frightening to house of the girlfriend of MP Phila journalism, which no self-respecting
During Ramodibedi’s tenure as head right of editors to decide what is or speechwriter, which put paid to any read what some people have to say Buthelezi, finding the couple naked in editor would touch, matter? Because
of the judiciary, he sent a clear message is not in the public interest, awarding hope that it would ever report critically about the leadership of the country. bed and taking pictures. his readers love him and he used
that the media could not use section damages for articles that are merely on the excesses of the authorities. In 2020, in a bid to control The photographs found their way to his power to rally emaSwati against
24 of the Constitution to protect its interesting to the public and deserve In its 2012 report “So This Is the impact of social media, the Page 3 of The Times, which was forced the king in the build-up to the June
right to free expression. censure. Democracy”, the Media Institute government tabled the Computer to cough up R300 000 for defamation insurrection.
In the Gelane case, which set a Mswati’s indifference to the of Southern Africa (Misa) said of Crimes and Cybercrimes Bill in when the matter went to court. Zwemart upped the ante in the days
standard for payouts against the media Constitution was highlighted when Dlamini’s appointment as managing Parliament. The Bill sought to clamp Zwemart’s online publication, before the riots by recording voice
and has been repeated by the courts in Ramodibedi’s tenure as a judge in editor of The Times: “As someone down on the use of computers Swaziland News, has been the bane of messages on WhatsApp that were
subsequent defamation cases, he said: eSwatini came to an end in 2012 and allegedly beholden to higher and social media as a means of the government but has been nothing circulated widely across the country.
“I note straightaway that the right of could not be renewed because of a authorities, there is fear that the communication, with penalties of up short of a sensation in eSwatini. His On July 6, as the dust began to settle,
freedom of expression is not the law constitutional provision that required newspaper’s editorial independence is to R10-million in fines or ten years’ articles, punted as investigative and he circulated a voice message which
of the Medes and Persians. It is not the position be occupied by a local (he at stake. His position is untenable.” imprisonment for publishing what the spiced with much exaggeration, have asked: “What is holding us up now,
sacrosanct.” was from Lesotho). Using his absolute Radio and television, which are government considers “fake news”. gripped the public’s imagination and after working so hard trying to free
A reading of this judgment turns, powers, the monarch commanded that state-owned, have always reported The Bill was withdrawn after the upstaged all traditional reporting this country, [that] we find ourselves
among other considerations, on the he continue in office regardless. favourably on the government. They print media objected strongly to because of their often salacious without leaders?
test for what is in the public interest. Besides a hostile judiciary that completely ignored the June riots and government arrogating to itself the content about those close to power. “By this time, there should be an
In this case and many others since, a makes it difficult for the media to looting as if they had never happened. power to decide what electronic Mswati and Princess Sikhanyiso, interim president, and an interim
small section of the judgement in the function, the country’s newspapers With the mainstream media information is fit for public the Minister for Information, prime minister who should have been
South African watershed case face their own internal demons that compromised, the public has turned to consumption. Communication and Technology, have taken outside the country to run it
National Media Ltd v Bogoshi has been hamper their ability to serve the public the social media to vent their feelings Of particular concern to the borne the brunt of his tabloid-style [the country] from there. They should
used as a weapon against the media. interest. about the way eSwatini is run and as a government is the arrival of online journalism. be asking the world for recognition
10 D a r k d ay s i n e S wat i n i 11
Around the country, protesters marched on police stations demanding justice ... they would not get it
and convention centre with at least Thabani Nkomoyane, died because youth, who had always felt left out of
R6-billion of taxpayers’ money, of what has been described as police the country’s discourse.
and for resources.” several years ago. Mswati has isolated continues unabated, bedevilled by brutality. His university colleagues Parallel to this was the
A
He went on to announce that himself, concentrating on leading a t the end of 2019, he took the reports of corruption and money were joined by youth from elsewhere unprecedented step by three MPs who,
eSwatini’s leadership was finished and lavish lifestyle and amassing wealth extraordinary step of purchasing laundering as costs skyrocket. in a running protest using social media taking advantage of the leadership
lamented that the people did not seem for himself, his 15 wives and many thirteen Rolls Royce Phantoms Like many revolutions around that called for the police to account for vacuum caused by the death of the
to realise it. He urged those in charge children in a struggling economy for himself, the Queen Mother and the world, it was a single incident, the death. prime minister in December last
of the revolution to take their place as where job opportunities for ordinary his wives, in an obscenely ostentatious seemingly unrelated to a country’s Government relented and set up an year, broke ranks and began to call
the country’s leaders. people have shrunk. move that shook emaSwati. political process, that ignited the inquest to investigate the death. The for the next prime minister to be
The events of June 2021 were a While the monarch’s fortunes soar, It was a clear sign that he had firestorm. probe is ongoing. democratically elected instead of being
manifestation of citizens’ frustration the chances of a young university become unhinged. His vanity project, In early May, a final-year law The protest morphed into calls for appointed by the king.
about a king who lost touch with them graduate finding employment are slim. the construction of a five-star hotel student at the University of eSwatini, political and economic reform by the Columnists and letter writers to
12 D a r k d ay s i n e S wat i n i 13
inside eswatini today
Many were
rearrested while out
of property resulted in a brutal on bail and some until the protests that started in June
clampdown on protesters by the army?
It is a question whose answer will
have died while this year.
Over this period, society became
only reveal itself in time. awaiting trial in lethargic about politics and saw no
However, the public reaction
suggests that in the aftermath of the
cases sometimes reason to cultivate a rights-based
culture of any sort. Most citizens toed
unrest many people are frightened, going back more the government line, and the few who
rather than hopeful, and that the
authorities are primed for repression. than 10 years. tried to pursue a rights-based agenda
ran up against the full might of the
By taking matters to the extreme in state apparatus and were silenced.
June, emaSwati may have reversed the EmaSwati agree that seeking redress
small gains they had made in asserting and trade union organisers have been through the courts to assert rights
their rights in the dictatorship under arrested over the past 30 years, some guaranteed by the Bill of Rights is a
which they live. repeatedly, to the point that prison waste of time and resources. There are
One of the biggest challenges cells became their second home. two major reasons for this.
eSwatini has always faced is instilling In almost all cases, the charges In the first place, some of the
a culture of human rights. From brought against them under repressive judgments where rights issues have
April 12 1973, when King Sobhuza security laws were based on their been the subject of litigation suggest
II issued a proclamation banning all utterances at political rallies. Many that the judiciary is more comfortable
meetings except church services and were rearrested while out on bail and, with sticking to the common law
other gatherings sanctioned by the in recent times, some have died while precepts of the pre-constitutional era
police, until the early 1990s, when his awaiting trial in cases sometimes going than with enforcing the rights in the
successor, King Mswati III, relaxed back more than 10 years. Bill of Rights.
Police and army at rest ... but feared when unleashed upon protesters the proclamation to allow trade union Where the common law could have
E
activity, emaSwati have not enjoyed ven though Pudemo, which been developed to fall in line with the
meaningful human rights, including advocates a constitutional requirements of the Constitution, the
The Times began to warn of an Arab restrictions. of activity, was cleared and the main those of assembly and speech. multiparty democracy in eSwatini, courts have preferred to sidestep the
Spring uprising in the kingdom. One Whatever the intentions, this was shopping centre, the Swazi Plaza, shut Even the meetings called by trade has never been recognised as a political challenge.
columnist wrote: “Our leadership not how the public understood the down, bringing to an immediate end unions were allowed on the strict party by the government, it was Secondly, eSwatini lacks lawyers
… thinks this kingdom is immune ban. It was understood as a move to that Friday’s business in the city. understanding that only bread-and- officially declared a proscribed entity dedicated to human rights litigation.
to all that history has taught us. We shut down the only fully recognised It was a panic-stricken response to butter issues would be discussed. by the former prime minister, the late Only one lawyer, Thulani Maseko,
have opted to go for the same old means of popular expression in a harmless group of EFF-ESwatini Any diversion into politics would Barnabas Sibusiso Dlamini, in 2012. is known as a human rights activist,
tactics of fallen regimes which have eSwatini’s traditional system of rule, supporters on their way to the Oshoek prompt the police, who were always in Since then, it has not been able to but as a Pudemo leader, he is more
all eventually led to one sad ending; called tinkhundla. border post to meet their counterparts attendance, to shut down the meeting. hold meetings, and its efforts to bring concerned with politics than with
bloody conflict.” That is when the riots began. from South Africa’s EFF (Economic However, the relaxation of together the masses to push for a unlocking the Bill of Rights in court.
The turning point was the decision There is a worrying aspect of the Freedom Fighters) for a joint impediments to freedom of assembly democratic state have been met with To be fair, Maseko has made many
of the three MPs, after their efforts pro-democracy activism in the country. demonstration. for trade union activity went further the full might of the law enforcement appearances in the High Court and
to garner parliamentary support When a truck loaded with young The youths were singing struggle than the authorities intended. agencies. Supreme Court to fight for the rights
failed, to take their campaign to their people wearing red t-shirts drove songs in anticipation of the protest It unleashed the resurgence of the The media, with the exception of The of clients, but he has been hamstrung
constituencies. The youth joined through the capital Mbabane on the action, which had begun to die down dormant People’s United Democratic Nation magazine, also followed suit by the fact that he does not believe in
them and marched to election centres morning of Friday July 9 this year, in eSwatini. Movement (Pudemo), which defied and stopped quoting Pudemo’s leaders the Constitution and would rather it
around the country to deliver petitions bystanders tripped over one another as The incident raised the question: can the government and took to the streets because it was considered illegal to do was scrapped and drafted afresh.
listing their grievances. they dashed for cover in the mistaken emaSwati ever again gather in groups to call for democracy. so. Others in the legal fraternity, a
The government then made the error belief that another riot was about to to protest on any issue without fear The government set out to manage With Pudemo proscribed and union profession said to be over-staffed in
that lit the touch paper: it banned the start. of repeating the events at the end of the upsurge by keeping a tight lid on activity severely curtailed, political the kingdom, have chosen to stay away
delivery of petitions, citing Covid-19 The main bus rank, normally a hive June, when rioting and the destruction freedom of expression. Many Pudemo activity had almost been obliterated -- from rights-based litigation because
14 D a r k d ay s i n e S wat i n i 15
South African
they believe it is bad for business.
agency Vuma Leading the charge against Vuma
Many lawyers go through their Communications was the South African politician,
careers in private practice looking for
briefs from the government or the
was hired to help Phumzile van Damme, whose mother
is a Swazi, and who likened the
more lucrative state-owned enterprises. market the country company to disgraced British spin
They shy away from any client that
might be perceived as a radical seeking
in a drive to doctors Bell Pottinger for pushing the
eSwatini government’s agenda.
to challenge the authorities. attract investment. The Cabinet has always believed that
In the country’s 53 years of the people of eSwatini are irrelevant to
independence, no legal practitioner their plans and can be ignored. After
has emerged who has developed a all, that is a long-standing tradition in
deep understanding of a rights culture the country.
and the courses of action needed the present Cabinet in 2018.
T
to transform society and force the Members of the Cabinet have his partly explains why the June
authorities to respect human rights. demonstrated the most contemptuous uprising sparked fears that the
This has worked well for King attitude towards the people. For violence was driven by foreign
Mswati, who has continued to trample example, they have treated the local elements, including South Africa’s
over his people’s rights while his media as an irritation, preferring EFF, which they claimed supplied
powers go unchallenged. to engage with foreign journalists, pro-democracy forces with weapons
Further strengthening his hand are particularly from South Africa, on and logistics.
the cultural dynamics of eSwatini’s developments in eSwatini in the belief Writing in a South African
traditional structures, which remain that this will attract investors. Sunday newspaper, EFF deputy
an important factor in the identity of The Minister for Finance, Neal president Floyd Shivambu threw
emaSwati. Rijkenberg, has not bothered to his organisation’s weight behind the
The king has always preached the discuss the government’s vision for push for political reform in eSwatini,
importance of a culture of respect, fixing the economy, nor, at times, saying the EFF is inspired by the
particularly towards authority, as answer questions sent to him by the brave actions of its citizens and stands
the only way of achieving peace local media. But he has found time ready to support them by all means
and prosperity in the country – in to write articles as a guest columnist necessary.
short, he has cultivated a loyal and for some of South Africa’s leading “True freedom must be gained
unquestioning populace. financial publications. through democratic means, but as this
Anyone who challenges authority, To maximise government’s path is blocked, it must be through any
particularly traditional authority, international exposure, Johannesburg- other revolutionary means possible. No
is seen as “unSwazi” and can be based Vuma Communications was retreat, no surrender,” Shivambu said
ostracised for behaviour considered hired to help Rijkenberg and the Whether he was claiming that his
alien. Minister for Trade and Industry, organisation provided assistance to
This attitude is in line with the Manqoba Khumalo, to market the pro-democracy activists is a matter of The courage of protesters such as these inspired calls for solidarity from South Africa’s EFF political party
way the country’s tinkhundla political country in South Africa in a drive to interpretation.
structure was designed. When attract investment. Allegations that foreign mercenaries the corrupt Equatorial Guinea But Princess Sikhanyiso’s statement off guard by the level of violence and
Sobhuza conceived the system in After the insurrection, Vuma’s job were involved were also made by dictator Obiang Nguema, and their to the international media that damage caused during the week of
1978, he sold it to the people as a was to assure potential investors that pro-democracy forces, which accused governments are known to share this was the case is understandable, mayhem.
political model that promoted the eSwatini was still a safe place to the government of importing soldiers information and resources on state to the extent that the events were Until the unrest, the princess
decentralisation of power. do business. However, there was a from as far away as Equatorial Guinea security. unprecedented. and her many royal siblings lived a
However, under Mswati the system backlash from within South Africa to slaughter emaSwati. As time has passed, no evidence What happened defied everything carefree life, spoilt brats secure in the
serves his interests alone, a point that forced the company to drop the This was presumably because has emerged to show that foreign that emaSwati believed of themselves knowledge that emaSwati owed them
that was made clear after he appointed contract. Mswati enjoys close relations with mercenaries were involved in the riots. – everyone was caught completely a living.
16 D a r k d ay s i n e S wat i n i 17
inside eswatini today
All of Mswati’s children are imply that an investigation would be on July 16, he acknowledged that waning.
provided with security wherever they opened. the MPs had tried to go through the There was a time when criticising
go, including during excursions to The security response to the protests proper processes by taking their calls King Mswati was frowned on in
night clubs and parties. This must have has, however, thrown into relief for reform to their constituencies eSwatini and to use demeaning
been the first time that they really longstanding allegations of brutality by after they had failed to win support in language about him could have serious
feared for their safety. the law-enforcement authorities. Parliament. consequences, such as the loss of
The king has done his fair share to In his speech, Mswati for all intents employment.
T
alienate his people and damage his his applies to a video recording and purposes threw his government Since the beginning of July, that has
reputation in the eyes of the public, that went viral in early May this under the bus by saying that it had changed. Social media has become
but his children also have much to year that may have contributed blocked the presentation of petitions. a playground for people to take pot
answer for. They have constantly to the explosion a month later, which Despite this, a few days after shots at the monarch, while some
cocked a snook at the poverty-stricken shows police officers assaulting a his speech two of the three MPs, users have even given him a nickname
people of eSwatini by going on social suspect during an arrest, while hurling Bacede Mabuza and Mthandeni to show their contempt for the most
media to flaunt their royal wealth and profanities. Dube, identified by the authorities powerful man in the country.
mock calls for democracy and reform. Claims of police brutality by as ringleaders of the insurgency, In a country where free expression
On July 5, as tensions began to suspects in court have often been were arrested and charged under the can now only be found on social
subside, Princess Sikhanyiso, the king’s dismissed out of hand as cries for Suppression of Terrorism Act. media, there is a new threat to freedom
eldest child, took to national radio to sympathy by people caught on the Gawuzela Simelane, the third of speech and debate: criticism of
apologise profusely for the attitude wrong side of the law who got what member of the triumvirate, has been the insurrection or questioning the
of the royal family, and particularly of they deserved. on the run ever since and is believed political views or motives of the three
herself and her siblings, and promised The training of police, army and to be somewhere in South Africa, MPs is not allowed. To do so is to risk
that they would behave appropriately correctional service officers, which from where he continues to speak a public lynching.
from now on. takes up to a year for new recruits, to emaSwati about political reforms For example, to wonder how an
The death of law student Thabani Nkomonye at the hands of police is what initially sparked
It is common cause that the security is conducted mainly to instil the through live broadcasts on Facebook. elected prime minister would choose
the protests, beginning with angry demonstrations by students at his memorial service
forces would never have opened fire on all-important value that they are loyal Once an obscure MP elected in his cabinet ministers outside political
unarmed citizens without the express only to His Majesty, his family and his a small constituency whose known party structures draws accusations that
instructions of the king. Only he has successors. background is that he is a priest arrested MPs, who remain in custody Further evidence that the authorities one is seeking to frustrate political
the power to declare war. But no one That is, after all, what all politicians and a gospel artist, he has a growing in a maximum security prison awaiting have drawn a curtain over the protests reform.
expected him to use it against his own and judicial officers promise to uphold reputation as a scarlet pimpernel. trial. The reasons for refusing them bail and security force action is that even Like Mswati’s intolerance of free
people. when they are sworn into public office. His live broadcasts, hosted by were so spurious that the motives were though Parliament continues to sit, speech, those who seek a democratic
Initial reports were that the soldiers It is why, when dealing with what Zwemart’s Swaziland News, are now clearly political, rather than legal. MPs have not touched on the subject form of governance are restricting
deployed to quell the insurrection were they perceive to be law-breakers, the referred to as “family meetings”, a term One would expect the question and continue their business as if the public discourse, more so at this
ordered to shoot at the area above security forces show no mercy and borrowed from Cyril Ramaphosa’s of how far parliamentary privilege nothing has happened. time when the two MPs are in jail
the knee to immobilise rioters. It have no appreciation for human rights live addresses on television in South extends, and whether immunities and Simelane continues to capture
W
now appears that this policy escalated norms. Africa. apply outside the House, to be hen he first spoke in the imagination of the public in his
into the use of deadly force against The lack of any culture of rights Before the warrant of arrest was vigorously debated in court when the Parliament on July 28, the broadcasts.
unarmed protesters. litigation in ESwatini has been issued against him, Simelane spoke trial starts. newly appointed Prime The result is that emaSwati have
The democracy movement has highlighted by the plight of three to the acting Prime Minister, Themba As the country tries to move on Minister, Cleopas Dlamini, promised become hostages to self-created
since laid a charge of crimes against MPs who have been charged under Masuku on the phone, asking him after the June skirmishes, the space that the government would attend to confusion.
humanity against King Mswati at the the Suppression of Terrorism Act with if he could address the nation on to reflect on and discuss what exactly the grievances raised by the youth in Meanwhile, King Mswati, who long
International Criminal Court (ICC) inciting violence. Although they have national radio and call for calm in the happened during the upheavals, and the petitions that were delivered. ago abandoned his people, continues
in The Hague. a strong legal case, they will be hard wake of the riots. what needs to be done to avoid a Since then, he has said nothing to enjoy absolute power. Until he
However, it is not clear that the pressed to find a lawyer who will stand The conversation was recorded repeat, has effectively been closed. about the matter. climbs down from his throne and
court will consider the matter. In up for their rights under the country’s and later released to the public on When the king spoke on July 16, Until the king says otherwise, governs them in accordance with what
a letter dated August 2, the ICC Constitution. WhatsApp. he said discussions on such issues will political discussion and calls for reform emaSwati expect from their monarch,
prosecutor’s office acknowledged There is no clear evidence that the Masuku declined the request. only be allowed once the spread of are, therefore, in abeyance. Even on the head that wears the crown will lie
receipt of the complaint but added three fomented the June riots. In fact, On August 9, the High Court Covid-19 has subsided and it is safe to social media, where the king’s powers uneasy.
that its acknowledgement did not when the king addressed the nation refused to grant bail to the two hold national meetings. do not seem to extend, the subject is
18 D a r k d ay s i n e S wat i n i 19media and censorship
Carien du Plessis
Not so free W
hile covering the pro-democracy
demonstrations in eSwatini in July this year,
two South African journalists, Magnificent
Mndebele and Cebelihle Mbuyisa, were
expression in
subjected to a terrifying ordeal. Solely because
they are journalists, they were detained and tortured by
the Swazi police.
The two men, who work for the South African online
news agency New Frame, were subjected to “tubing”, a
the kingdom
form of abuse in which the victim is suffocated with a
plastic bag. They were also treated in hospital for bruises
and swelling after being severely beaten.
“The terrible thing about being assaulted in this way
is not the pain; it is the helplessness,” Mbuyisa said1,
of Mswati
“and thinking you are going to die. You really think
you are going to die and you can’t come to terms with
it. I thought: ‘I still want to write. I still want to have a
home; I want to build a house. I want to live!’”
In the same week, two other journalists, Andile
Langwenya from Independent News and Wonderboy
Dlamini from the state-owned Swazi Observer, were
One of the most repressive Absolute monarch
King Mswati III has ruled
shot at by members of the Royal eSwatini Police who
were dispersing a crowd.
environments for African his country with an
iron fist since 1986 Dlamini was covering a demonstration in the
Lugongolweni constituency by about 200 protesters
journalists to work in, when police fired teargas. The protesters fled,
eSwatini is ranked 141 of 180 but he stayed put. “I saw the police
officer loading his weapon
countries in the World Press and shouted that I was
a journalist. I don’t
Freedom Index know whether he
heard, but he fired a
teargas canister at
me,” he told the
20 D a r k d ay s i n e S wat i n i 21media and censorship
Media Institute of Southern Africa
(Misa).2 “I think he was going for my The media landscape in eSwatini 5 Obstacles that
head, but I covered my head with my
hands and the canister hit my hand.”
hinder journalism
The journalists were covering some
of the most intense protests in recent
Daily newspapers
years in eSwatini against the absolute
• Times of Swaziland Print publications from South
monarchy of King Mswati III, who has
(http://www.times.co.sz/), which is Africa and Zimbabwe are also Legal obstacles
ruled the country with an iron fist since
F
privately owned and has a broad available in eSwatini, but the
1986. or at least two decades there have
distribution, reaching rural areas. state has been known to buy out
The protests started after a student, been constant attacks on Swazi
• Swazi Observer publications containing negative
Thabani Nkomonye, allegedly died journalists, according to Tanveer
(http://new.observer.org.sz/), stories about the royal family.
while being held by police, who blamed Jeewa of the International Commission
owned by the royal family through
a car accident. The government banned of Jurists.
the Tibiyo Taka Ngwane Trust. Radio and television
the delivery of petitions to parliamen- Jeewa added that eSwatini’s current
• eSwatini Broadcasting and
tary constituency offices by protesting legislation does not comply with the
Weekly newspapers Information Services, is the state
groups, closing the only avenue for commitment to freedom of expression
• Swazi Mirror radio broadcaster. With two
people to vent their grievances. Bheki Makhubu, seen here with Campaign for Free Expression’s Anton Harber, is the and the press enshrined in the
• Swati Newsweek channels, one in English and one
On June 27 popular discontent publisher of The Nation monthly magazine. In 2014, Bheki spent 15 months in prison for country’s Constitution6 and ratified
• Swaziland Shopping (2016- in Siswati, it reaches 98 percent of
boiled over in four days of violence in publishing articles critical of eSwatini’s judiciary by regional treaties and international
2017) the population.
which shops and businesses were loot- conventions.
• The Independent News • eSwatini TV is the state-owned
ed. The security forces cracked down Zweli Martin Dlamini, editor of Swa- without the option of a fine, in what Article 24 (1) and (2) of the 2005
• On Time Business television broadcaster.
brutally. using live ammunition. There ziland News, had fled into exile4 before was reportedly meant to deter other Constitution guarantee the right
• The Voice of the Church, owned
were reports of people being dragged the upheavals. journalists. He and Maseko were re- to freedom of expression, including
Magazines by Trans World Radio, covers
from their homes and dying while in Bheki Makhubu, editor of the coun- leased after the Supreme Court found freedom of the media. The articles
• The Nation an estimated 75 percent of the
the custody of police and soldiers. try’s most respected independent me- they had been wrongly convicted. state that all people have the right to
• eSwatini Property Magazine country, with Siswati and English
Activists estimate that at least 70 dia voice, The Nation, spent 15 months Some Swazi journalists have ad- freedom of expression and opinion,
• Zion Magazine (religious) channels.
people were killed and about 250 in- behind bars with human rights lawyer mitted to censoring themselves out of and must not, except with their free
• The Swaziland Community
jured. The government’s estimates were Thulani Maseko after they had criti- necessity, and others say their access consent, be hindered in the enjoyment
Online publications Radio Network has been
much lower. cised a highly controversial ruling of to government leaders is limited when of these rights, which include the
• Swaziland News: campaigning since 2013 for
One of the most repressive envi- the former chief justice and royal fa- they become too critical. freedom of the press and other media.
http://www.swazilandnews.co.za/, licences for community radio
ronments for African journalists to vourite Michael Ramodibedi. During the riots, for example, a jour- Freedom of expression and opinion is
now registered in South Africa and stations, with limited success.
work in, eSwatini is ranked 141 of 180 Makhubu was charged with con- nalist working for a pro-government defined as the right to hold opinions
edited by Zweli Martin Dlamini • Channel S is a privately owned
countries in the World Press Freedom tempt of court in connection with an newspaper supplied free photographs without interference; to receive ideas
from there. television station that can be
Index3. South Africa stands at 32 and article that accused Ramodibedi of of the aftermath of the burning and and information without interference;
• Swati Newsweek: watched with a decoder.
even Zimbabwe does better, at 130. abusing his authority. After more than looting, and of the security forces bru- to communicate ideas and information
https://sdnewsweek.wordpress. • DStv gives access to regional
Some journalists, such as Eugene three months in detention without bail, talising protesters, to foreign journalists to the general public generally, or
com/, edited by Eugene Dube in and international television
Dube, editor of Swati Newsweek, and he was sentenced to two years in jail because they could not be published any persons or class of persons,
South Africa. networks, but most people cannot
locally. without interference; and the freedom
• Inhlase Centre for Investigative afford it.
Lack of resources, distrust, restrictive from interference with personal
Carien du Plessis is a freelance journalist and author with Journalism:
laws, and the absence of a supportive correspondence.
over two decades of experience, focussing on South African https://inhlase.com/, established
environment contribute to an environ- However, the Constitution’s article
politics and foreign policy, as well as continental politics, in 2017
ment that suppresses, or even punishes, 24 (3) stipulates that these rights are
elections and international summits. She writes for Daily the free expression guaranteed by eS- subject to limitation if it is “reasonably
Maverick, The Africa Report, Financial Mail, News24 and watini’s 2005 Constitution. required” in the interests of defence,
others. She has authored a book on South African politician public safety, public order, public
Nkosazana Dlamini Zuma and co-authored another about
the South African political context.
22 D a r k d ay s i n e S wat i n i 23media and censorship
The Central Bank
filed an urgent
morality, public health and other 2017, but Amnesty International has application to government or dissent on social media.
factors.
Jeewa points that any legislation that
criticised the amended legislation as
violating the country’s Constitution prevent The Times Swaziland News editor Zweli
Martin Dlamini fled eSwatini in
unjustifiably limits these rights and
those under regional and international
and obligations under international
and regional human rights law9.
from publishing April last year when police said they
were investigating him for sedition
law is unconstitutional. The law of defamation was used a story about the following the publication of two
She said “the most glaringly
unconstitutional piece of legislation
against then editor of the Times of
Swaziland Sunday, Bheki Makhubu,
issuing of a licence stories on his site about the king. He
now publishes online from South
is the Sedition and Subversion Act 46 in 1999 after he called King Mswati to the Farmers Bank Africa.
of 1938 (Sedition Act), which made it III’s latest 18-year-old fiancée a high MPs pushed back against the Bill
an offence to distribute a publication school “drop out” (he was summarily and it was withdrawn, but it could be
that might be considered critical of the fired from the paper but the case never is empowered to proclaim an image or reintroduced at any time.
king. This had led to the infringement went to trial). film objectionable “if he believes that Welcome Dlamini, a journalist at the
of many journalists’ rights. It was also used in 2005 by then picture represents scenes holding up Times of eSwatini, said pre-publication
Under this colonial-era statute Deputy Prime Minister Albert to ridicule or contempt any member interdicts have often been used to stop
the police developed the practice of Shabangu against the Times of of the King’s naval, military or air the newspaper from publishing stories.
searching journalists on suspicion Swaziland (he lost when the E750 forces”), Proscribed Publications Act In 2019, for example, the Central
that they possess publications that fall 000 damages was appealed). “The of 1968 (it empowers government to Bank of eSwatini filed an urgent
within the scope of the Act. incident has had a chilling effect on ban publications if they are deemed application for an interdict preventing
Section 3(1) of the Act criminalises press freedom in Swaziland,” Misa said “prejudicial or potentially prejudicial The Times from publishing a story
“seditious intentions”, defined as at the time.11 to the interests of defence, public about the issuing of a licence to the
including “exacting inhabitants of Another 32 laws restrict the media safety, public order, public morality or Farmers Bank.14
Swaziland to procure changes in in ways that could be extended public health”), Obscene Publications Dlamini said the story would have
Swaziland other than by lawful to have the effect of censoring Act of 1927 and Swaziland Television reported that the Farmers Bank
means”, and “raising discontent or publications. These include the Books Authority Act of 1983.12 was investigated before the licence
disaffection”. and Newspapers Act 20 of 1963, was granted; however, the Central
J
Section 3(2) of the Act specifically Cinematograph Act 31 of 1920, ournalists may also be compelled Bank argued that eSwatini would be
exempts from being treated as Proscribed Publications Act of 1968, to reveal confidential sources in blacklisted by creditors and investors if
seditious a publication that shows the Arrested MPs Bacede Mabuza and Mthandeni Dube, charged with terrorism and denied bail Obscene Publications Act of 1927, terms of a subpoena under section such a report was published.
king has been misled or is mistaken, after calling for a multiparty democracy Official Secrets Act of 1968, and 34 of the Magistrate’s Courts Act 66 “They told us that the king ordered
or which point out errors in the Swaziland Television Authority Act of 1939. Section 10 of the Official them to give the licence,” he said. “We
government or Constitution. of 1983. Secrets Act 30 of 1968 empowers don’t know if that’s true or not.” The
Jeewa believes it may be possible Mabuza and Mthandeni Dube, were They were denied bail, and at the the commissioner of police to bank has not started operating because
to challenge the constitutionality charged under this law in July this year time of writing were still in detention Thirty-two other laws restrict the compel a person to furnish necessary of problems dealt with in the original
of the Sedition Act. “The Sedition with allegedly inciting violent protest pending a hearing. media, including the Books and information if he is satisfied that an story, which the paper is still unable to
Act heavily curtails the rights of the against the constitutionally established In September 2016 the High Court Newspapers Act 20 of 1963 (which offence has been committed under the publish.
press in eSwatini to carry out their government of eSwatini7. ruled that sections of the Sedition requires print publications to be Act. In this case a confidentiality
work impartially and keep the public Act and the Terrorism Act of 2008 registered but which has in the past Recently, there were concerns about regulation, section 20(3) of the
T
informed,” she said. “The Act also hey had called for the were invalid as they infringed upon been used to justify banning the the Computer Crime and Cybercrime Central Bank Order, was used in
prevents the people in eSwatini from government to be reformed to the constitutionally protected rights critical Swaziland Shopping newspaper Bill of 201713, which is broadly aimed court. In terms of this, it is “a criminal
getting information on the current allow for a multiparty democracy of expression, association and peaceful citing that it had not been properly at child pornography, identity theft, offence to disclose, reveal or publish
state of affairs in the country in an in which citizens elect the prime assembly. The Government appealed registered), Cinematography Act 31 of cyber terrorism and stalking. However, any confidential material and/or any
objective fashion.” minister. They were also key figures against the judgement in the same 1920(it prohibits the filming of various as it also targets “fake news that is material that falls within the ambit
The Suppression of Terrorism Act in recent protests against the political month. Five years later, the appeal is cultural gatherings and celebrations damaging to the country”, critics of the security provisions that are
11 of 2017 (an amendment of a 2008 system during which vehicles and yet to be heard and the Acts are still without consent from the Minister of argued that it could be used against applicable at the [Central Bank’s]
Act) has also been used to silence infrastructure were looted and burnt in force. Public Service and Information, who online publications critical of the undertaking”.
dissenting voices. Two MPs, Bacede and lives were lost.8 The Terrorism Act was amended in
24 D a r k d ay s i n e S wat i n i 25You can also read
