The jeopardy of rule of law; democracy; separation of power and fundamental human rights in Swaziland

Njiti Lucius BattyAuthor: Njiti Lucius Batty
Candidate Advocate, High Court of Tanzania; Tutorial Assistant and Coordinator, University of Dodoma Law Society & Moot Court, Tanzania

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.

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Freedom of the press? Not for the Ugandan press

william_asekaAuthor: William Aseka
Program Assistant (Human Rights Advocacy for Children with Disabilities), Governance Consulting

The freedom to form opinions and express them without fear of repression is a fundamental tenet for the development of a pluralistic, tolerant, and democratic society. This right represents not only the right to privacy of individuals to hold opinions and formulate thoughts, but also to express them in a public forum, especially as part of exercising the right to political participation. In addition, the right to access information, that is the right to seek and receive information, which also forms an important component of this right and which has added significance in the current age of information technology, is intrinsic to the transparent functioning of a democratic government and the effective and well-informed participation of civil society. In this context, freedom of opinion, expression and information is one of the core civil and political rights as it is essential for the exercise of all other human rights.

The right to freedom of opinion, expression and information is well-established and protected at both international and regional levels both legally and institutionally. The right is enshrined in various international instruments, namely: the Universal Declaration of Human Rights (Article 19), the International Covenant on Civil and Political Rights (Article 19), the International Convention on the Elimination of all forms of Racial Discrimination (Article 5(d)(viii)), the Convention on the Rights of the Child (Article 13) and the Declaration on Human Rights Defenders (Article 6). The main international human rights body within the United Nations system, the Human Rights Council, also provides through its system of special procedures for a Special Rapporteur on freedom of opinion and expression, which was established in 1993.

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