CENTRE FOR HUMAN RIGHTS CALLS FOR RELEASE OF SWAZI HUMAN RIGHTS LAWYER

Mr Thulani Maseko, a Swazi human rights lawyer and alumnus of the Centre for Human Rights, University of Pretoria, was arrested on Wednesday 3 June and was on 4 June charged with subversive activities under section 5 of the Sedition and Subversive Activities Act (the Act). If convicted, he risks 20 years imprisonment. Mr Maseko was arrested in connection with a statement he made on Workers' Day in which he is alleged to have portrayed as freedom fighters two men who died last year in what the government claims to have been a botched terrorist attack. Under the Act, anyone 'who utters any words with subversive intention shall be guilty of an offence'. Subversive is defined as 'supporting, propagating or advocating any act or thing prejudicial' to 'public order' or 'the security of Swaziland' or 'indicating ... any connection, association or affiliation with or support for an unlawful society'.

Freedom of expression is a basic human right which is recognised under the Constitution of Swaziland and in several international instruments ratified by Swaziland. The African Commission on Human and Peoples' Rights noted in a case against Nigeria that 'it is important for the conduct of public affairs that opinions critical of the government be judged according to whether they represent a real danger to national security.' (Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998) para 75). Section 24(3)(a) of the Swaziland Constitution provides that a law such as the Act will not be inconsistent with the right to freedom of expression if its provisions are 'reasonably required in the interests of defence, public safety, public order, public morality or public health'. Overly broad and vague criminal provisions which violate freedom of expression can never be 'reasonably required'.

The Centre for Human Rights questions the constitutionality and compatibility with international law of the Act, and its application to the case of Mr Maseko; and calls for the release of Mr Maseko pending a legal challenge to the Act. The Centre pledges its support to a legal challenge against the Act.

Should Mr Maseko be tried, the Centre calls on the government to comply with all fair trial guarantees as guaranteed under the Swaziland Constitution and international law.  While in custody, we call on the government to secure his safety and well-being.

Mr Maseko is a graduate of the LLM programme in Human Rights and Democratisation in Africa, organised by the Centre for Human Rights at the University of Pretoria together with universities across the African continent. He graduated in 2005. In a recent publication of the Centre, Mr Maseko wrote as follows: 'The difficulty with the Swaziland political-constitutional set-up is that those who are in power claim to have divine authority to rule. ... [but] government can only be legitimate in so far as it rests on the consent of the governed. It does not seem that this has dawned on the Swazi traditional authority.' (Thulani Maseko 'The drafting of the Constitution of Swaziland, 2005' (2008) 8 African Human Rights Law Journal  335-336.)

 

 

Frans Viljoen

Centre for Human Rights

University of Pretoria

Tel: (012) 420 3228

Fax: (012) 362 5125

Cell: 073 393 4181

Email: frans [dot] viljoen [at] up [dot] ac [dot] za

 

For media information regarding the University of Pretoria, please contact:

Gilbert Mokwatedi

Tel: 012 420 3023

Cel: 083 713 4478 or 078 337 1170

Email: gilbert [dot] mokwatedi [at] up [dot] ac [dot] za