Swazi+democracy+hangs+in+precarious+balance,+Fritz,+Star



=Swazi democracy hangs in precarious balance=


 * //Indiscrminate torture and royal decree and hardly the marks of a land governed by the people//**

The Star, Johannesburg, March 6, 2006

 * By Nicole Fritz**

Swaziland receives its share of criticism. But much of this criticism tends to centre on the king's seemingly voracious appetite for the latest models in Maybach motorcars and maidens - as if he were a playboy king who only needed to grow up.

Sadly, recent developments might be read in a much more sinister way. Late last year and early in 2006, 16 individuals were arrested in Swaziland and charged with treason, sedition and attempted murder. The arrests followed a series of fire-bombings of government premises. Their bail hearing is set for March 7 2006.

Some of the accused, like Ignatius Dlamini who serves as the secretary-general of the People's Democratic Movement (Pudemo), and Wandile Dludlu, president of the SRC at the University of Swaziland, are familiar to Swazis. Most, like Gibholo Nkambule who hawks fruit and vegetables outside Mbabane, are not. All are members or supporters of Pudemo or its youth league, the Swaziland Youth Congress (Swayoco).

Both organisations are illegal in Swaziland and have been for many years, banned by King Sobhuza in 1973.

Pudemo's leadership has had to withstand numerous criminal prosecutions and in some instances have been detained for years without trial. This history in itself raises questions as to the credibility of and motivations behind the current spate of charges.

Many of the accused maintain that they were tortured - suffocated with rubber hoses and plastic bags - when first detained. They allege that they were forced to make incriminating statements against themselves and other accused under coercion. Pudemo has stated that some have health complications as a result of the abuse.

Mduduzi Dlamini, an accused who pleaded guilty in early February to treason, now maintains that his statement was extracted under torture. Two individuals have come forward and made statements to the accuseds' lawyers, detailing how they too were detained, subjected to abuse, and forced to make incriminating statements against the accused.

These incidents, if true, clearly run counter to Swaziland's new constitution and its protection from inhuman, degrading treatment.

A decade in the making, the constitution is the product of submissions made to a constitutional review committee. Yet in upholding King Sobhuza's ban, no organisations or political parties were entitled to make submissions. In its final formulation, the constitution does inscribe a right of association but allows for it to be limited in several instances, and makes no mention of political parties, leaving it unclear whether the ban on these organisations will persist.

In addition, although the constitution speaks of being the supreme law, it is not certain to what extent the king himself is bound. Earlier confusion as to whether the constitution had entered into force was clarified early in February when King Mswati issued a royal decree proclaiming its enactment.

The very method of enactment - by royal decree - raises questions as to the supremacy of the constitution as law.

Treason and sedition, despite being some of the oldest crimes, will always be important tools in the arsenal of any democracy and have a place in any genuine constitutional order. They prohibit the subversion of the majority's will through unlawful means. But in other contexts they can also, all too easily, be used as pretexts to shore up undemocratic power.

If Swaziland hopes to escape this suspicion, it must take immediate steps to investigate the allegations of torture and misconduct against the police and ensure that any subsequent trial proceedings against the accused are scrupulously fair and untainted by further suggestions of abuse.

And if it hopes to demonstrate that the new constitution does indeed usher in a new epoch in Swazi history, it will have to make clear that the king himself is bound by its provisions and clarify that free and fair political activity, the hallmark of any democracy, is not only permitted but protected under this constitution.


 * Nicole Fritz is The Star's contributing editor and also executive director of the Southern Africa Litigation Centre, Braamfontein.


 * From: http://www.thestar.co.za/index.php?fSectionId=225&fArticleId=3142005