The jeopardy of rule of law; democracy; separation of power and fundamental human rights in SwazilandPosted: 14 May, 2014
Swaziland is the only absolute and pure monarchical country in Africa and has no multi-party system and Ingenyama, the King himself enjoys absolute powers over the executive and he is assisted by the traditional prime minister and official prime minister.
This article portrays the real story on the way rule of law; democracy; separation of power and fundamental human rights in Swaziland are at risk.
In January 2014, Bhantshana Gwebu, the Government Chief Vehicle Inspector of Swaziland was arrested basing on the reason that Gwebu had stopped the vehicle which chauffeured Esther Ota, one of the judges of High Court in the land.
This incidence instigated the minds of both Thulani Maseko, human rights lawyer, activist & the alumnus of the Centre for Human Rights, University of Pretoria in South Africa and Bheki Makubhu, the National Magazine Editor who published the article in National Magazine criticising the whole matter of arresting Gwebu. The article stated only the truth that the Vehicle Inspector was implementing his official roles thus it was unbecoming to arrest him and it was unconstitutional. And no one is above the law and for this case respect of traffic laws had to be followed.
Owing to that article, Maseko and Makhubu were arrested on March 18, 2014 and detained in custody for 20 days as result of the arrest warrant issued by the Chief Justice of Swaziland, Michael Ramodibedi who is also a judge in Lesotho.
This article comes as result of the historical background on the status of immigrants in the western part of Tanzania where the expulsion of illegal immigrants is never stable (see a BBC report). The main reason leading to the expulsion of illegal immigrates is the fact that most immigrants are not aware of Tanzanian immigration. In turn, Tanzania reacts by deporting them back to various nations along the Great Lake States.
Illegal immigration in Tanzania may be legally assessed based on two perspectives. One, those immigrants who enter Tanzania without observing due processes and are then apprehended, detained and charged with breaching immigration laws, and two, those who are found to be residing with and married to Tanzanians without observing legal procedures.
Illegal immigrants, of whatever nature, as described above, are deserving of human rights as other Tanzanians. Thus, there is a great need for lawyers and non-governmental organisations to offer information and knowledge on issues relating to immigration, labour and citizenship so as to bring awareness amongst refugees of their rights.