Africa-Press – Eswatini. Acting Judge Johannes Hendrickus Roelofse of the Mpumalanga High Court has dismissed with costs an application filed by eSwatini seeking to declare that, Swaziland News editor Zweli Martin Dlamini committed terrorism by interviewing members of the pro-democracy Swaziland International Solidarity Forces(SISF).
The Acting Judge ruled that, the editor cannot be labelled a terrorist without a fair trial.
“In terms of section 179(2) of the Constitution of South Africa, the prosecuting authority has the power
to institute criminal proceedings on behalf of the State, and to carry out any necessary functions incidental to instituting criminal proceedings. Whether a crime is committed and whether to institute criminal proceedings is a matter that falls within the competence of the National Director of Prosecutions. To declare that the respondents” have committed acts of terrorism under sections 2 and 3 read with the definition of terrorist activity in section 1 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act no 33 of 2004 by publishing false allegations against King Mswati of eSwatini and the soldiers and police of the Eswatini Government in the articles of 25 November 2022 and 13 November 2022 in relation to the terrorist activities of the organization known as the Swaziland International Solidarity Forces described in those articles” would not only offend the principle of separation of powers but also convict the respondents without a fair trial. This relief must therefore be dismissed”, reads the Mpumalanga Court judgement in part.
On another note, the South African Government rejected an application by the eSwatini Government seeking to arrest and handover the editor to the eSwatini police.
The editor was represented by senior South African Advocate Dewrance and the eSwatini Government has been failing in it’s consistent attempts to silence the independent online publication in a country where the media is highly censored and infiltrated by State spies from the Army and Police Service working as journalists.
But the editor is currently working freely in South Africa without fear of being arrested after the eSwatini dictatorship Government failed several times to have him extradited.
The eSwatini Government through the State controlled media, has been expressing frustration after South Africa refused to arrest the editor.
South Africa where the Swaziland News is registered, is a constitutional democracy and the media is free.
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