Mbabane - The release on bail of two critics of King Mswati’s government after 15 months in captivity has renewed debate on the Swazi state’s use of lengthy pre-trial detentions to silence pro-democracy advocates.
Mario Masuku, president of the Peoples’ United Democratic Movement (Pudemo), and Maxwell Dlamini, secretary general for Pudemo’s youth wing, the Swaziland Youth Congress (Swayoco), have spent about 450 days in jail awaiting a trial date that has not yet been set.
Masuku was arrested on May 1 last year at a May Day worker’s rally when he said two words, “Viva Pudemo”, in a speech.
Dlamini was arrested at the same event for wearing a T-shirt bearing the name Pudemo.
“I am very worried that the two have been kept in prison without bail. Bail is a constitutional right for any suspect.
“You should know that courts are about justice, so we want to see justice served,” Acting Chief Justice Bheki Maphalala told State prosecutors at a Supreme Court sitting on Tuesday.
The hearing was conducted by a three-judge panel, with Judge Jacobus Annandale and Acting Judge Rob Cloete joining Justice Maphalala.
The State originally argued before Judge Mpendulo Simelane that Dlamini and Masuku were flight risks.
Judge Simelane denied them bail twice. Under questioning at the Supreme Court, prosecutors provided no evidence to substantiate their claim that the defendants, who are charged with sedition, are flight risks.
Swaziland’s Supreme Court is attempting damage control after rulings by Judge Simelane and former chief justice Michael Ramodibedi brought “disrepute” to the country’s judicial system, according to the Judicial Services Commission that recommended to Mswati that he sack both jurists.
Ramodibedi and Simelane were fired last month - not for their controversial rulings, but for defrauding government of tax revenue.
The Supreme Court also overturned Simelane’s conviction of news editor Bheki Makubu and human rights attorney Thulani Maseko, releasing the pair two weeks early from their two-year sentences for contempt of court.
Masuku has been kept in solitary confinement and his attorneys said he was denied proper assistance for a medical condition. Human rights group note that long pre-trial detentions for government critics are compounded by harsh prison conditions.
Amnesty International, the London-based human rights watchdog, reported: “There is considerable concern at Mario Masuku’s deteriorating health after he was remanded in custody.”
Pudemo and Swayoco have been declared terrorist organisations by the government. Their activities are banned and public mention or display of their names, as Dlamini and Maseko did, is considered treasonable aiding of a terrorist organisation.
The US government has criticised the Suppression of Terrorism Act under which Dlamini and Maseko have been charged as too broad. The US noted that domestic political groups advocating democracy do not fall under global definitions for terrorist groups.
Freedom House, the Washington-based human rights NGO, reported that this past year Swaziland has become more oppressive “due to an intensified crackdown on freedom of expression”.
The European Parliament has called for the dropping of charges against Dlamini and Masuku.
Cape Times