Credit: Marco Longari/AFP via Getty Images
By Andrew Firmin
LONDON, Jul 26 2024 – Two politicians have just been sentenced to long prison terms in Eswatini. Their crime? Calling for democracy.
Mthandeni Dube and Bacede Mabuza, both members of parliament (MP) at the time, were arrested in July 2021 for taking part in a wave of pro-democracy protests that swept the southern African country. A third MP, Mduduzi Simelane, remains subject to an arrest warrant after going into hiding.
Dube and Mabuza have been detained since their arrest, and have reportedly been physically assaulted, denied medical treatment and prevented from seeing their lawyers while in custody. Last year they were found guilty on charges including murder, sedition and terrorism. Now they know their fate: Mabuza has been sentenced to 25 years and Dube to 18. Since the sentencing, Mabuza, who has a medical condition that needs a special diet, has reportedly been denied food in prison.
Dube and Mabuza are political prisoners. They had no hope of a fair trial, and their criminal convictions had no basis in reality. Eswatini’s criminal justice system does the bidding of the country’s dictator and Africa’s last absolute monarch, King Mswati III. For almost four decades, Mswati has ruled his kingdom with an iron fist. Mswati is constitutionally above the law, appoints the prime minister and cabinet and can veto all legislation. He also appoints and controls judges, who are routinely deployed to criminalise those who challenge his power.
Dube and Mabuza plan to appeal but know the odds are stacked against them.
Ongoing crackdown
The 2021 protests for democracy posed the biggest threat yet to Mswati’s untrammelled power. His response was brutal. At least 46 people were killed as security forces opened fired on protesters. Leaked footage revealed that it was Mswati who commanded the security forces to shoot to kill and ordered the arrest of the pro-democracy MPs.
While peaceful protesters like Dube and Mabuza have been criminalised, in contrast no one has faced justice for the state-sanctioned killings. And the dangers faced by pro-democracy activists haven’t subsided. In January 2023, Thulani Maseko, a human rights lawyer and a leading democracy campaigner, was shot dead in front of his family. As well as heading the key network of groups calling for a peaceful transition to democracy, he was the two MPs’ lawyer.
His killing came just hours after Mswati warned democracy activists that mercenaries would ‘deal with’ them. No one has been held to account for the crime, while Maseko’s widow, Tanele Maseko, has faced harassment. In March she was arrested and her passport and phone were confiscated when she returned to Eswatini from South Africa.
The authorities have continued to arrest, abduct and detain activists, and others have survived evident assassination attempts and arson attacks. Mswati’s latest prime minister has warned the media they may face tighter regulation. The state has also used violence to repress further protests. An election was held in 2023 but, as usual, political parties were banned and candidates had to go through a selection process designed to exclude dissenting voices.
With authoritarian rule and the ability of those in power to ignore people’s demands come corruption and impunity. Most of Eswatini’s 1.2 million people live in poverty but Mswati and the royal family enjoy vast wealth and lavish lifestyles, paid for by the proceeds of the major assets they directly control.
No dialogue
The national dialogue Mswati promised in response to the 2021 protests never happened. Instead, he held a Sibaya – a traditional gathering where he was the only person allowed to speak.
Mswati only promised to hold a dialogue after South Africa’s President Cyril Ramaphosa intervened. South Africa has a clear role to play here: it borders Eswatini on three sides, is by far its biggest trading partner and is home to many of its exiled democracy activists, while Mswati has also reportedly imported South African mercenaries. The Southern African Development Community (SADC) is also supposed to be involved. But there’s been little pressure for action from South Africa and Eswatini has worked to keep itself off SADC’s agenda.
South Africa and SADC should remind Eswatini of its obligations under the global and African treaties it has adopted, including the African Charter on Human and Peoples’ Rights. The government must roll back its repression, including the laws on public order, sedition and terrorism used to jail Dube and Mabuza. Releasing the two of them would be a good start.
Andrew Firmin is CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.
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