A year on: Thulani Maseko’s unforgiving legacy in The Kingdom of Eswatini

Lakshita-KanhiyaAuthor: Lakshita Kanhiya
Human Rights Advocate

Twelve months ago, within the silent confines of his home, Thulani Maseko, a valiant advocate for human rights in Eswatini, was mercilessly assassinated before his family’s eyes. His crime? Speaking truth to power and daring to challenge the oppressive laws and unchecked state violence in the Kingdom. Reflecting on this tragic event not only underscores the absence of accountability for Thulani’s murder but also emphasises the urgent call for democracy amid the persistent fear of assassination that lingers in the air. At the heart of Africa’s struggles lies the fractured relationship between democracy and human rights, where the rule of law should stand as an unwavering guardian. Thulani Maseko, through his advocacy, embodied the essence of these principles and in reflecting on his tragic demise, it becomes apparent that Eswatini is at a crossroads, grappling with the repercussions of his absence and the persistent suppression of dissent by an unyielding monarchy.

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Challenging anti-terrorism laws in Swaziland: When the judiciary becomes the stumbling block

kudzani_ndlovuAuthor: Kudzani Ndlovu
Part-time lecturer, Lupane State University, Zimbabwe

On 8 and 9 February 2016 the pro-democracy movement in Swaziland converged at the High Court in Mbabane to attend a hearing on the constitutionality of the country’s two draconian and repressive laws – the Suppression of Terrorism Act No. 3 of 2008 (STA) and the British colonial era 1938 Sedition and Subversive Activities Act (Sedition Act) – which continue to be used by the state to stifle opposition and silence critics of the authoritarian monarchy.

Many, especially those outside Africa’s last absolute monarchy, had labelled this hearing as ‘historic’ but local activists remained less optimistic knowing that most of the country’s judges have sold their independence for thirty pieces of silver. The King’s influence in the appointment of judges has seriously undermined the independence of the judiciary. The Constitution of Swaziland provides that the judges are appointed by the King after consultation with the Judicial Service Commission (JSC). Judges are answerable to the King and hence they can never claim to be independent. It will only take rabid denialists and anarchists to argue that there is hope of an independent judiciary in Swaziland under the current system.

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