Africa-Press – Eswatini. The elections season is drawing to a close and the African Union (AU) and the Southern African Development Community (SADC) election observers have issued their statements, applauding the country and the Elections and Boundaries Commission (EBC) for an elections process that was peaceful and orderly and provided voters the right to exercise their will.
The SADC Election Observer mission noted that the non-inclusion of political parties remains a blot in the country’s national elections as it undermines freedom of association, speech and assembly already, which are enshrined in the Constitution, as well as the SADC standards on elections.
Disappointed
I must say that the AU elections observation report was disappointing as it shied away from the 2018 report, which stated; “The mission encouraged the Eswatini authorities to consider reviewing the 1973 decree on the ban on political parties and allow them to freely participate in the election.” This was said by the AU mission head and former Seychelles President James Michel. When the commissioner, who was leading the mission, was asked why the 2023 report has not addressed the political parties’ issue, he argued that the AU has elections guidelines and also stated that the AU does not dictate. He noted that Tunisia, which is another country in Africa, has no political parties. This was puzzling because Tunisia is going through a political crisis post the Arab Spring uprising and the current situation is not an outcome of a democratic process.
As the people of the kingdom have exercised their right to vote for Members of Parliament (MPs), the voters are hoping that MPs will truly be their voice in Parliament because elections are not an end but a means to an end, which is a better life for all emaSwati. If the MPs fail the people, as in previous elections, then the next five years will deepen the misery of emaSwati, especially with regard to the high unemployment rate, especially among the youth, the health crisis, human rights violations and corruption, to mention a few.
Former MP Bacede Mabuza alleged assault
It was shocking to learn, through social and mainstream media, that former MP Bacede Mabuza was assaulted by an estimated 100 recruits at the Correctional facility. Not only was he allegedly assaulted but he was also allegedly denied food for two days and was also allegedly denied access to his legal team. His wife had to petition the court to grant her husband the right to see a private doctor. I was, however, disturbed that the Swaziland Economic Freedom Fighters (EFF) President, Ncamiso Ngcamphalala, who was quoted by one of the online publication, said that the ‘incarcerated former MPs must accept that they are in prison’; adding that the reported assault ‘is part of the rehabilitation process’. What a wicked and inhumane statement from a young man who has lost human decency for a loaf of bread.
Let me remind the commissioner general of the Correctional Services and her team, as well as the responsible ministry, that Eswatini has a Constitution with a Bill of Rights. The Constitution, in Chapter III (14) 1, states that the fundamental human rights and freedom of the individual enshrined in this chapter is hereby declared and guaranteed; namely:
a. Respect for life, right to fair hearing, equality before the law and equal protection of the law.
e. Protection from inhuman degrading treatment, slavery and forced labour, arbitrary search and entry.
Enshrined
It is further stated, in Section 2, that; “The fundamental rights and freedoms enshrined in this Constitution shall be respected by the Executive, Legislature and the Judiciary and other organs of government, by all natural persons and legal persons in Swaziland (Eswatini) and shall be enforceable by the courts as provided in this Constitution.” In Section 18 (1) it states; “The dignity of every person is inviolable,” and in (2) it states that ‘a person shall not be subjected to torture or inhuman or degrading treatment or punishment’ Section 38, on the prohibition of certain derogations, it is clearly stated that; “Notwithstanding anything in this Constitution, there shall be no derogations from enjoyment of the following rights and freedoms: Life, equality before the law and security of person; right to a fair hearing, freedom from slavery or servitude and freedoms from torture, cruel, inhuman or degrading treatment or punishment.
In Section 3 it is stated that; “A person of whatever gender, race, place of origin, political opinion, colour, religion, creed, age, or disability shall be entitled to the fundamental rights and freedoms of the individuals contained in this chapter.” In Chapter V, on law enforcement objectives, it is stated, in Section 2, that: “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of every person.” May I call upon the Human Rights and Integrity Commission to investigate this incident and make recommendations. Those who assaulted Mabuza must be brought to justice!
Source: times
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