Africa-Press – Eswatini. Thulani Rudolf Maseko,the assassinated eSwatini human rights lawyer has lost a Supreme Court case declaring provisions of the Supression of Terrorism unconstitutional.
The lawyer who was allegedly assassinated by King Mswati’s mercenaries for demanding democracy, had challenged the constitutionality of the Suppression of Terrorism Act together with Mlungisi Makhanya, the President of the People’s United Democratic Movement(PUDEMO), the late former PUDEMO President Mario Masuku and current Deputy Secretary General(DSG) Maxwell Dlamini.
But Government successfully appealed Judge Mbutfo Mamba’s judgement declaring some provisions of the Supression of Terrorism Act unconstitutional.
Chief Justice(CJ) Bheki Maphalala,Justice JM Van Der Walt, Justice JM Currie, Acting Justice MJ Manzini and Acting Justice LM Simelane ruled that, the fact that PUDEMO was proscribed without being afforded the right to be heard does not mean provision of the Supression of Terrorism Act should be declared unconstitutional.
“The underlying reasoning essentially boils down to this-because the Respondents we’re not afforded an opportunity to be heard before PUDEMO was declared a specified entity, sections 11(1) and(2) of the STA Act are invalid and unconstitutional, since they have been declared “terrorists” without being heard. As indicated earlier, the above reasoning conflates the process of proscription without a criminal trial. Whether or not Respondents were afforded an opportunity to be heard before PUDEMO was proscribed as a specified entity is a separate issue.Moreover, could the Majority have reached a different conclusion if none of the Respondents had admitted to be members of PUDEMO?.It is implicit in the reasoning of the Majority that in the latter instance,no infringement would have been found to exist”, reads the Supreme Court judgment in part that upheld the appeal and dismissed the application by Maseko and others.
Eswatini is ruled by King Mswati as an absolute Monarch, political parties are banned and declared as terrorists for demanding democracy while human rights defenders, political activists, independent journalists and pro-democracy Members of Parliament(MPs) are arrested, tortured or even killed.
Thulani Rudolf Maseko, the human rights lawyer who was among those challenging the constitutionality of the Supression of Terrorism Act that is used against those demanding democracy, was assassinated allegedly by King Mswati’s mercenaries and a few hours after King Mswati threatened those calling for democracy.
Before Government declared PUDEMO as a terrorist entity, King Mswati issued an order directing the then Prime Minister Barnabas Sibusiso Dlamini to ensure that,citizens calling for democracy are strangled to death.
As a result of the King’s order,Sipho Jele, a member of the People’s United Democratic Movement(PUDEMO) was allegedly arrested and subsequently killed by the inside prison,the judgement was delivered by the Supreme Court on Tuesday.
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