Swaziland Striving For Freedom Vol 18 Apr - June 2015

Swaziland:
Striving for
Freedom
As seen through the pages of Swazi Media
Commentary
Volume 18: April to June 2015
Swaziland: Striving for Freedom
CONTENTS
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Introduction
Chief Justice sacked
Judicial crisis
House Speaker suspended
Kings private jets scandal
King Mswati III (Sikhuphe) Airport
Kings Super Cup
King Mswati III the rest of it
Prime Minister Barnabas Dlamini
Imprisoned journalists
Workers rights
May Day rally
Economy
Education
Media
Police killing
Other human rights issues
About the author
Other publications
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3
24
39
41
57
65
69
73
80
87
93
99
108
112
117
120
127
128
INTRODUCTION
A Chief Justice sacked after allegations of abuse of power, the Justice Minister sacked and
accused of bribery and corruption and the whole Swazi judiciary in crisis. These were the
highlight events in the second quarter of 2015.
But that was not all, King Mswati III was revealed to have deceived his subjects when he
bought himself a private jet aircraft in 2010. The plane was impounded by a court in Canada
as the subject of a dispute over unpaid debts. Then, it was revealed that the King was buying
himself another jet with a cost estimated at about $44 million.
Meanwhile, the international community were exploring ways to sanction the King and force
a move towards democracy in Swaziland.
Jailed journalists Bhekhi Makhubu and Thulani Maseko, both jailed for writing articles
critical of the Swazi judiciary, had their convictions overturned by the Supreme Court.
This compilation brings together posts that originally appeared on the Swazi Media
Commentary website. Swazi Media Commentary website has no physical base and is
completely independent of any political faction and receives no income from any individual
or organisation. People who contribute ideas or write for it do so as volunteers and receive no
payment.
Swazi Media Commentary is published online updated regularly.
1 CHIEF JUSTICE SACKED

Arrest warrant for Chief Justice
18 April 2015
A warrant for the arrest of Swazilands Chief Justice Michael Ramodibedi on 23 charges
including abuse of power has been issued, according to reports in a newspaper owned by
King Mswati III.
The King, the absolute monarch in Swaziland, personally appointed Ramodibedi to office.
The news follows 48 hours of intense speculation on social media that Ramodibedi had fled
Swaziland into neighbouring South Africa to escape arrest.
The King in effect owns the Observer Saturday newspaper, which ran the story and it is
inconceivable it would have published the report without the Kings permission.
The newspaper reported on Saturday (18 April 2015) that the warrant was granted by High
Court Principal Judge Justice Stanley Maphalala.
A warrant for the arrest of High Court Judge Mpendulo Simelane was made at the same time.
The Observer reported, Their charges are that of conflict of interest, defeating the ends of
justice and abuse of power in that the Chief Justice Ramodibedi allocated his case of
contesting his E128,000 [US$12,800] gratuity against the Swaziland Revenue Authority
(SRA) to Justice Mpendulo Simelane in full knowledge that Judge Simelane in his then
capacity as Registrar of the High Court, made written and oral representations on the chief
justices behalf to the SRA.
Their act has eroded the confidence of the public in the countrys justice system. The Chief
Justice, who had gone on a short trip to South Africa, returned to the country yesterday
[Friday 17 April 2015] afternoon, amid reports that the ACC [Anti-Corruption Commission]
wanted to get a warrant of arrest against him and Judge Mpendulo.
The Observer on Saturday reported that at least 23 charges had been prepared.
According to the Observer, among charges likely to be faced by the CJ are:
The Chief Justice Mathealira Michael Ramodibedi is guilty of serious misbehaviour in that;
He unlawfully recorded a private telephonic discussion between himself and the prime
minister;
In that he allocated his case against the Swaziland Revenue Authority to Justice Mpendulo
Simelane in full knowledge that Judge Simelane in his capacity as Registrar of the High
Court, made written and oral representations on the Chief Justices behalf to SRA. By doing
so, the CJ eroded the confidence of the public in the countrys justice system;
3
Contrary to the integrity expected of a judicial officer, by the Judicial Code of Ethics for the
Judiciary of Swaziland, he directed that the application of Wezzy Ndzimadze and others vs
Titselo Ndzimandze and others be heard and framed the issues for resolution by the Court in
circumstances where the applicants had withdrawn their application and the matter was not
pending before him;
In that he made acting appointments, in terms of Section 153 (5) of the Constitution, of JM
Mavuso and BS Dlamini to hear the case of Nkosinathi Simelane and others vs minister of
finance and others in which he had a direct pecuniary interest, in the matter, in circumstances
where he was not entitled to appoint the judges for the specific matter;
In that he made an acting appointment to the Supreme Court bench, in terms of Section 153
(5) of the Constitution of Justice Annandale to hear the case of Attorney General vs
Nkosinathi Simelane and others, a case in which he had a direct pecuniary interest;
In that in his capacity as head of the judiciary, he allowed Acting Justice Annandale to sign
on behalf of other judges in matters of: Attorney General vs Nkosinathi Simelane and others,
Attorney General vs Wezzy Ndzimandze and others and Majalimane Zulu v Nhlangano
Town Council;
In that contrary to convention he failed to cause the appointment of acting judges to be
published in the government gazette;
In that he brought the judiciary into disrepute by permitting the registrar of the High Court to
publicly address the Executive in a language whose tone and manner was inconsistent with
dignity of the judicial office;
In that he directed the registrar of the Supreme Court to submit claims for remuneration
allowance for Supreme Court justices for May and November 2014 sessions for which
justices were not entitled;
In that contrary to the integrity expected of a judicial officer, in January 2015, he refused to
submit to the Executive arm of Government a report of an accident in which his official
motor vehicle was involved;
In that he refused to allocate houses to High Court judges at the judicial complex, until he
was ordered to do so by the highest authority in the land [the King]. As a result, a government
house occupied by Madam Justice Mabuza and neighbouring government houses could not
be demolished to make way for the construction of the building that will house the UN
Agencies in Swaziland. The construction was delayed by three months;
In that he abused his powers by authorising the ACC [Anti-Corruption Commission] to enter
into contract for the provision of security services without the contract being submitted to the
AG for vetting as required by the Constitution;
In that as chairman of the JSC usurped the power of other institutions by drawing contracts
for the deputy ACC commissioners when their mandate begins and ends with
4
recommendation of appointments to His Majesty the King and disciplinary procedures upon
being reported to by the commissioner;
As chairman of the JSC engaged Lilian Zwane as Deputy Commissioner Operations of the
ACC for a third term in breach of legislation which provides for a maximum of two terms;
In that he failed to take action when the ACC commissioner filed a report on the misconduct
of the Deputy Commissioner Operations, Zwane;
In that he failed to authorise the payments of salaries to the staff of Swazilii;
In that he nominated the most junior substantive judge of the High Court to the COMESA
Court of Justice ahead of senior and more experienced judges. The chief justices conduct
caused the country humiliation at a continental stage where the nomination of the junior
judge had to be withdrawn and replaced at a late hour.
CJ arrest and jailed journalists
18 April 2015
As an arrest warrant is issued against Swazilands Chief Justice Michael Ramodibedi for
alleged abuse of power, two journalists remain in jail in the kingdom for writing and
publishing articles alleging the same thing against him.
Bhkeki Makhubu, the editor of the Nation magazine, and human rights lawyer and writer
Thulani Maseko, were jailed for two years for contempt of court in July 2014 after they wrote
and published articles critical of the Swazi judiciary. In particular they drew attention to
Ramodibedis abuse of power.
Ramodibedi, according to the Observer Saturday newspaper in Swaziland, now faces at least
23 charges, some including abuse of power.
In his judgement on the case, High Court Judge Mpendulo Simelane cited a passage that
appeared in the February 2014 edition of the Nation. The words published in the Nation now
take on a new significance.
It was these words that sent the two journalists to jail for two years.
Like Caiaphus, Ntate Justice Ramodibedi seems to have chosen to use his higher station in
life to bully those in a weaker position as a means to consolidate his power. Like Caiaphus,
Ntate Justice Ramodibedi seems to be in a path to create his legacy by pushing the small man
so that he can sleep easy at night well knowing that he has sent a message to all who dare
cross him that they will be put in their right place. Let us not forget that Caiaphus was not
only the high priest of Judea. He was the chief justice of all Jewish law and had only the
immense power to pass judgment on anyone among his people who transgressed the law.
Ditto Ntate Justice Ramodibedi in Swaziland.
The passage continued, Like Caiaphus, our Chief Justice massaged the law to suit his own
agenda.
What is incredible about the similarities between Caiaphus and Ntate Justice Ramodibedi is
that both men had willing servants to help them break the law.
They were convicted and jailed at Swaziland High Court by Judge Mpendulo Simelane, who
along with the kingdoms Chief Justice Ramodibedi also has an arrest warrant issued against
him on charges of abuse of power.
Judge Simelane had been subjected to some criticism since his appointment to the High Court
by Chief Justice Ramodibedi in February 2014. The Sunday Observer, a newspaper in
Swaziland in effect owned by King Mswati III, who rules Swaziland as sub-Saharan Africas
last absolute monarch, said Simelane lacked the necessary experience.
The Law Society of Swaziland said it had tried to register an application challenging the
appointment of Simelane as a judge of the High Court, but the Registrar of the High Court
refused to accept it due to pressure from Ramodibedi.
CJ bid to cancel own arrest warrant
19 April 2015
Swazilands Chief Justice Michael Ramodibedi, who is subject to an arrest warrant for
alleged abuse of power, ordered the warrant to be declared void.
As a result High Court Judge Jacobus Annadale visited the Chief Justice at his home where
he had locked himself in to avoid arrest. There, Judge Annadale signed an order rescinding
the arrest warrants.
When Judge Annadale tried to execute the order, police officers refused to accept it and the
Chief Justice remained in his house.
According to the Observer Sunday, a newspaper in effect owned by King Mswati III, who, as
absolute monarch in Swaziland appointed Ramodibedi as Chief Justice, Annadale said the
original arrest warrants were invalid because, no clearance had been sought with the relevant
authorities [the King].
The Observer reported, Judge Annadale is likely to be implicated in impeachment
proceedings that the CJ will possibly face regarding his conduct in carrying out his duties as
head of the judiciary.
The Observer added, It is understood that Annadale together with Judge Mpendulo and High
Court Registrar Fikile Nhlabatsi assembled at the CJs house yesterday morning [18 April
2015] from around 9am until noon where they drew up the order nullifying the arrest
warrants.
According to sources who saw the order by Judge Annadale, the warrants were being
declared null and void because no clearance had been sought with the relevant authorities.
It is not known who the authorities are but Minister of Justice and Constitutional Affairs
Sibusiso Shongwe has previously publicly stated that the CJ is answerable to no one else
except His Majesty.
The newspaper added, Yesterday afternoon, High Court Registrar Fikile Nhlabatsi
brandished Judge Annandales order to police officers and ACC [Anti-Corruption
Commission] officials who had come to effect an arrest on the CJ.
She is said to have informed the police and ACC officials that they could no longer go ahead
with the arrest because it had been overturned.
But she was told point blank that the order would not be entertained and respected because
it was not done in court but in the house of the chief justice, who, moreover, was subject of
the matter at hand, a police source divulged.
This stance is said to have left Nhlabatsi gobsmacked and he communicated same to the CJ
who then elected to lock himself in his house to evade arrest.
CJ has history of abuse of power
19 April 2015
An arrest warrant has been issued for Swazilands Chief Justice Michael Ramodibedi on 23
charges, including abuse of power.
Ramodibedi has been in the spotlight for a number of years over the way he runs the Swazi
judiciary on behalf of King Mswati III, the absolute monarch in Swaziland, who appointed
him to office.
Many allegations of abuse of power have been made from lawyers within Swaziland and also
by the international human rights community. Here are some of the highlights from the past
four years.
In May 2014, two Supreme Court judges reportedly threatened to resign if a warrant issued
by Ramodibedi for the arrest of three High Court judges who were critical of him was served,
Ramodibedi reportedly issued the warrants but the Swazi police did not make the arrests.
The three judges were Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba.
Reportedly, arrest warrants were issued because the CJ felt the judges were ignoring his
orders and bringing the High Court into disrepute.
It was reported at the time that should the warrants be effected and the judges arrested, the CJ
planned to appoint interim judges himself.
This was not an isolated incident of abuse of power. In a report on Swaziland covering the
year 2011, Human Rights Watch stated, Serious deficiencies in Swazilands judicial system
persist. In an ominous precedent for the independence of the judiciary, Chief Justice Michael
Ramodibedi in August suspended Justice Thomas Masuku for insubordination and for
insulting the king, among other charges.
It added, On August 11 [2011] Justice Masuku appeared before the Judicial Services
Commission (JSC), whose six members are appointed by the king. On September 27 [2011]
the king relieved Judge Masuku of his duties for serious misbehavior. Justice Masuku had
in the past made several rulings in favor of human rights.
In the case of Masuku, Ramodibedi acted as judge, prosecutor and witness in the case he
himself brought.
David Matse, the Swaziland Minister for Justice, was fired from his job because he refused to
sign the dismissal letter for Masuku.
Human Rights Watch added, Control over the daily allocation of cases for hearings,
including urgent ones, has been placed solely in the hands of the chief justice, creating what
is perceived by lawyers as an unacceptable bias in the administration of justice. In August
[2011] the Law Society of Swaziland instituted a boycott of the courts to protest these
developments and the failure of the authorities to hear its complaints regarding the running of
the courts, including the chief justices allocation of cases. On September 21[2011], Law
Society members delivered a petition to the minister of justice calling for action to address
the decisions of the chief justice and the general administration of justice in the court system.
In August 2011, Swazi police in bullet-proof vests and armed with shotguns and tear gas
canisters invaded a meeting of lawyers in the Swaziland High Court, which had been called
to discuss their on-going campaign to get Ramodibedi removed from office. Reports in the
Swazi media said the Chief Justice himself ordered the police to break up the meeting.
In September 2011, the Centre For Human Rights, Swaziland, reported, Swaziland lawyers
embarked on the court boycott after the CJ issued a series of unlawful practice directives, to
all courts of the land, directing them not to admit certain cases. In one directive, the CJ
instructed the Registrar that cases would only be allocated to judges by the CJ himself, and
no other officer. In another practice directive, issued in June 2011, the CJ instructed the
Registrar and officers of all courts in the land that cases involving the king should not be
admitted. These regrettable actions of the CJ were largely viewed as interference not only
with the administration of the courts, but also as a denial of the fundamental right to access
justice.
In November 2011, the Open Society Initiative for Southern Africa (OSISA) reported,
Lawyers have been boycotting the courts for almost four months in protest at the
maladministration of justice in the country by the incumbent Chief Justice, Michael
Ramodibedi. But this week, they upped the pressure on the Chief Justice by staging a mass
walk-out of the Supreme Court. This left all suspects and people with civil cases with no
legal representation.
But astonishingly, the Chief Justice ordered that all cases be heard with or without the
lawyers. This, as some have already observed, is the height of injustice. The Chief Justice is
also on record as praising people who represented themselves saying that they actually argue
much better than the lawyers.
Subsequent to the directive to proceed without the lawyers, Ramodibedi then went another
step further - banning all lawyers from setting foot in the High Court. A heavily armed police
contingent has been posted in and around the High Court premises and only government
lawyers and people with cases have been allowed to enter. Banned from meeting at the High
Court, the lawyers opted for a very innovative strategy, using their vehicles to march
through the capital city in protest and brining the city to a stand-still - much to the
consternation of the police.
See also
CJ ARREST WARRANTS FOR CRITIC JUDGES
DOES CHIEF JUSTICE KNOW THE LAW?
JUDICIARY BID TO STOP MEDIA SCRUTINY
TOP JUDGE ATTACKS PRESS FREEDOM
SWAZI JUDGE FIRED FOR DISRESPECT
AMNESTY: REINSTATE JUDGE MASUKU
SWAZI LAWYERS MARCH FOR JUDGE
SWAZI KING ABANDONS RULE OF LAW
SWAZI MINISTER OF JUSTICE FIRED
SWAZI KING FIRES CRITICAL JUDGE
AMNESTY ON SWAZI JUDICIAL SYSTEM
SWAZI CHIEF JUSTICE MUST GO SCCCO
SWAZI LAWYERS CHARGE CHIEF JUSTICE
SWAZI LAWYERS BOYCOTT COURTS
SWAZI CHIEF JUSTICE ABUSES POWERS
Swazi CJ: impeachment charges made

22 April 2015
In addition to the arrest warrant for the Swaziland Chief Justice Michael Ramodibedi,
impeachment charges have been drawn up against him, according to a South African
newspaper.
The Rand Daily Mail (RDM) reported on Wednesday (22 April 2015), In addition to the
arrest warrant for the Chief Justice, impeachment charges against Ramodibedi have also been
prepared in terms that leave no doubt they are framed to provide evidence of impeachable
misconduct.
9
The document, seen by the RDM, lists a number of graft-related charges of serious
misbehaviour. The first charge cites the dismissed April 13 arrest warrant application by the
Anti-Corruption Commission and his order that no other judge may deal with it except with
his express permission.
The dossier, which is several pages long, includes allegations that he committed serious
misbehaviour by unlawfully recording a phone conversation between himself and the Prime
Minister.
He is further alleged to have committed serious misbehaviour and to have eroded public
confidence in the countrys justice system, by allocating a recent case in which he was
personally involved against the Swazi tax authorities, to Simelane.
The newspaper added, Other allegations against Ramodibedi include his handling of further
cases in which he had a direct pecuniary interest, and where he specially appointed acting
judges to preside.
It is also claimed that on diverse occasions he told his official driver to drive him out of
the country, even though the driver had not been given government permission to leave. He
further caused his driver and security officers to incur and / or claim travel and subsistence
allowances in respect of trips not authorised by government.
He allegedly directed the registrar of the supreme court to submit a claim for remuneration
and allowances for Supreme Court judges to which they were not entitled.
The list also includes a claim of sexual impropriety involving a member of his staff, in his
office.
A warrant was issued for the arrest of Ramodibedi on Friday (17 April 2015), but as of
Wednesday he was still at his home in the Swazi capital Mbabane, refusing to give himself
up to police officers who remained camped outside his gates.
Armed Swazi CJ holds family hostage
24 April 2015
The Swaziland Chief Justice Michael Ramodibedi who is evading arrest by police has two
firearms and is holding his family hostage at his home, the kingdoms police chief said Friday
(24 April 2015).
National Police Commissioner, Isaac Magagula, told a media conference in Mbabane, The
members of his family are innocent and they just happen to be victims of circumstances. We
also wish to take this opportunity to once more say that his continued refusal to hand himself
over is not in the best interest of justice, the international community nor the welfare of his
family that he is keeping hostage.
10
The Mail and Guardian newspaper from South Africa reported Ramodibedi had locked
himself in with his wife, and two children between the ages of 18 and 20.
Ramodibedi faces a number of charges relating to his work, including abuse of power. A
warrant for his arrest was issued last Friday (17 April 2015) and he has been locked in is
mansion ever since.
Meanwhile, two High Court judges, Mpendulo Simelane and Jacobus Annandale, and the
High Court Registrar Fikile Nhlabatsi, spent three days in police cells before being bailed by
the Mbabane Magistrate in the biggest judicial crisis in Swazilands history. They face a
number of charges relating to their conduct as officers of the law. The Minister of Justice and
Constitutional Affairs Sibusiso Shongwe has also appeared in court and he was remanded to
Sidwashini correctional facility.
The Mail and Guardian reported that Magagula called on the chief justice to surrender
himself to the police to allow the law to take its course, instead of using his family as human
shields.
The police chief described Ramodibedi as a former soldier and confirmed he was in
possession of two firearms.
CJ warrant: are Swazi Police serious?
29 April 2015
It is hard to believe the police in Swaziland are serious in their intent to get the kingdoms
Chief Justice Michael Ramodibedi to leave the house he has been holed up in for 11 days
after a warrant was issued for his arrest.
Ramodibedi who is in his luxury mansion in Mbabane with his wife and two adult children
was allowed to send one of his sons out for food last Friday (24 April 2015) and it was
reported that on Wednesday (28 April 2015) his maid delivered food to the family.
Ramodibedi, a native of Lesotho, reportedly faces 23 charges, including abuse of power.
Two High Court Judges, Mpendulo Simelane and Jacobus Annandale, and the High Court
Registrar, Fikile Nhlabatsi, have also been charged in connection with Ramodibedis case.
They have appeared in court and been bailed.
The Times of Swaziland, the only independent daily newspaper in the kingdom ruled by King
Mswati III, sub-Saharan Africas last absolute monarch, reported on Wednesday, The
movement, with ease, of some members of the CJs family in and out of his residence has left
journalists wondering why the police were not using such opportunities to enter the house and
arrest the CJ.
Police Information and Communications Officer Assistant Superintendent Khulani Mamba
told the newspaper they were still waiting for negotiations between, Lesotho and Swaziland,
to be concluded.
11
It is not known who is negotiating and about what.

Police officers have been camping outside the CJs house since Friday 17 April 2015. They
said they would arrest Ramodibedi as soon as he came out of the house. There has been no
attempt to enter the house forcibly, despite the comings-and-goings of people from the house.
The lack of action by the police is unusual. They have a deserved reputation for smashing
their way into the homes of pro-democracy activists, often without warrants.
There is speculation within Swaziland and on social media about the reasoning for the delay
in effecting the arrest warrant. On Sunday (26 April 2015), the Times Sunday, an independent
newspaper in the kingdom, speculated that Ramodibedi was waiting until King Mswati
returned to Swaziland from a trip to the Bandung Conference for Asian and African
countries.
The newspaper reported, The chief justice is said to have stated that the only person he trusts
was His Majesty the King.
The newspaper did not say so but it is assumed that Ramodibedi thinks King Mswati will
cancel the arrest warrant.
It is true that King Mswati personally appointed and re-appointed Ramodibedi to the post of
Chief Justice and that Ramodibedi has been a loyal and vocal supporter of the King. But, it is
not so clear that Ramodibedi still enjoys the Kings favour. The King rules over the judiciary
and the Swazi Government which he hand-picks and it is inconceivable that the arrest warrant
would have been issued without his permission.
One speculation is that the Chief Justice will be allowed to leave his house at the dead of
night and escape into neighbouring South Africa.
Many observers find it hard to imagine that Ramodibedi, a personal appointee of the King,
will be allowed to be tried in a court of law. The main charges against him are of abuse of
power, but international observers will note that the (for now) alleged abuses were made on
behalf of and for the benefit of the King.
If the spotlight is allowed to shine on Ramodibedi, it will shine also on the King.
Swazi CJ wants safe passage home
4 May 2015
The Swaziland Chief Justice (CJ) Michael Ramodibedi, who has been holed up in his house
for more than two weeks, resisting arrest on abuse of power charges has asked for a free
passage to the South African border so he can escape all charges made against him.
The demand is one of five Ramodibedi is reported to have made to bring an end to the standoff. In all cases Ramodibedi is allowed to escape charges and a court appearance.
12
The Observer Sunday, a newspaper in effect owned by Swazilands absolute monarch King
Mswati III, reported (3 May 2015), A prominent member of society who is close to
traditional authorities as well as the top government hierarchy and is intimate with the
situation around the stand-off revealed the cards that the CJ has put to the table and now
awaits governments move.
The demands are:
1. Ramodibedi is allowed to meet with King Mswati. The King, as absolute monarch, can
make any decisions he wishes. He appointed Ramodibedi to the position and it is his
decision, notwithstanding anything a court might decide, whether Ramodibedi should be
punished. Ramodibedi reportedly believes the King did not give permission for him to be
arrested.
2. Ramodibedi will agree to step down as CJ if the impeachment process being pursued by
government is set aside. He reportedly wants a consensus that his relationship with
government has broken down to irreparable levels and therefore all parties should go their
separate routes.
3. Ramodibedi, who is a Lesotho citizen, says he has a diplomatic passport and he is entitled
to diplomatic immunity and therefore he is not subjected to lawsuits or prosecution under the
laws of Swaziland. The only way for him to be brought before the law would be if Lesotho
revoked his diplomatic status.
4. Ramodibedi still considers himself to be the Swazi Chief Justice and none of the processes
that are provided in the constitution relating to the removal of a CJ have been implemented.
The King is the only person who removes the CJ on the advice of the Judicial Service
Commission (CSJ). Ramodibedi is head of the CSJ.
5 Ramodibedi has reportedly given the government the option of allowing him to leave his
home and drive directly to the Ngwenya border post with South Africa. Swazi police would
not have the powers to arrest him in South Africa.
Chief Justice hearing will be public
16 May 2015
The inquiry into the alleged abuse of power by Swazilands suspended Chief Justice Michael
Ramodibedi will be held in public, it has been announced.
But, it is not clear whether Ramodibedi, who has been holed up in his house for more than
four weeks after an arrest warrant was issued against him, will attend.
The arrest warrant against Ramodibedi was later withdrawn and he was suspended from
office and summoned to appear before a Judicial Service Commission (JSC) hearing.
13
Acting Chief Justice Bheki Maphalala told the Saturday Observer, a newspaper in effect
owned by King Mswati III, Swazilands absolute monarch, the hearing would last for three
days, starting 25 May 2015.
The paper reported that initially Ramodibedi had been served with 23 charges but these had
now been consolidated and the number reduced.
The newspaper quoted Maphalala saying, The JSC has decided that this will be a public
enquiry into the allegations levelled against the chief justice. This is done in terms of section
158 of the Constitution.
Upon conclusion of the enquiry we will submit our report to His Majesty the King for his
decision.
The venue for the hearing has yet to be announced.
Ramodibedi has refused to accept his suspension and he is not expected to cooperate with the
JSC.
Maphalala said if Ramodibedi failed to appear the hearing would go on without him. If he
decides not to attend, the JSC will proceed to lead listen to the witnesses who would be called
in to give evidence of the said allegations.
It would be an unfortunate thing if he decides to miss an opportunity to defend those
allegations levelled against him. The JSC will be forced to proceed with its report and
forward its recommendations to the appointing authority [the King], he told the newspaper.
Abuse of power inquiry postponed
26 May 2015
The inquiry into the alleged abuse of power of Swazilands Chief Justice Michael
Ramodibedi opened on Monday (25 May 2015) and was postponed to allow him more time
to prepare his defence.
Ramodibedi was first issued with a warrant for his arrest on 17 April 2015. He faced 23
charges and he has been under self-imposed house arrest since.
He did attend the inquiry set up by the Swazi Judicial Service Commission and successfully
argued he was not ready to go ahead. The inquiry has been postponed to 3 June 2015.
The original 23 charges have been consolidated into eight new charges.
As published by the Swazi Observer, the charges are:
1. Abuse of office In the allocation of the Swaziland Revenue Authority matter
The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that he allocated
his case against SRA to Justice Mpendulo Simelane in full knowledge that Judge Simelane,
14
in his then capacity as Registrar of the High Court of Swaziland had made both written and
oral representations to the SRA on behalf of the chief justice in the same matter and was
accordingly conflicted. This the chief justice did unlawfully and with the intention to obtain a
judgement in his favour and or an undue benefit from the SRA in an amount of E128 800.75
ALTERNATIVELY
The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that he allocated
his personal court case against the Swaziland Revenue Authority to Justice Mpendulo
Simelane in full knowledge that Judge Simelane in his then capacity as Registrar of the High
Court had made oral and written representations to the Swaziland Revenue Authority on
behalf of the chief justice in the same matter prior to the institution of the court proceedings.
By doing so the CJ eroded the confidence of the public.
2. Abuse of office In the hearing of the Impunzi Wholesalers (PTY) Ltd v The Swaziland
Revenue Authority
The Chief Justice Michael Mathelira Ramodibedi is guilty of serious misbehaviour in that he
undermined the confidence of the public in the countrys justice system by sitting as the
presiding Judge in the appeal of Impunzi Wholesalers (Pty) Ltd v Swaziland Revenue
Authority at a time when he was personally engaged in pending litigation against SRA and as
such was conflicted.
3. Abuse of office in order to achieve an ulterior motive In the hearing of the Estate Policy
matter.
The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that contrary to
the integrity expected of a judicial officer he directed that the application of Wezzy
Ndzimandze and Others v Titselo Ndzimandze and others (Estate Policy Case) be heard and
proceed to
3.1 Frame the issues for determination by the court
3.2 Personally enrolled the application when the applicants had withdrawn the matter
3.3 Insisted on the application proceeding in circumstances where the applicants attorney
had withdrawn as attorneys of record
3.4 Manipulated the outcome of the matter by giving instructions to the presiding judges
This demonstrated vested interest in the outcome of the matter in order to achieve an ulterior
motive and constituted serious misbehaviour.
ALTERNATIVELY
The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that he unlawfully
directed the application of Wezzy Ndzimandze and others v Titselo Ndzimandze and Others
15
(Estate Policy case) be heard well aware that this was contrary to Constitutional provision
S34 (2) which required that such matters be dealt with through the promulgation of a
legislation in order to achieve an ulterior motive.
4. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on or

about the year 2014 in his capacity as Chairman of the Judicial Service Commission he
advised on and or authorised the reappointment of Lillian Zwane, Deputy Commissioner
Operations of the Anti Corruption Commission for a third term in breach of the Prevention of
Corruption Act of 2006 which provides for a maximum of two terms in respect of that
position.
5. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on or about
the year 2014 he unlawfully obstructed investigations by the ACC into allegations of
misconduct of Lillian Zwane, the Deputy Commissioner of the ACC by failing and or
neglecting and or refusing to take action on a report filed by the commissioner of the ACC.
6. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on diverse
occasions he instructed his government appointed chauffer to drive him out of the country
when the driver, contrary to Cabinet Circular No1/2009 and government policy on external
travel had not been authorised by the head of government to leave Swaziland and further
caused his chauffer and security officers to incur or claim travel and subsistence allowances
in respect of trips not authorised by government contrary to the said circular and policy.
7. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on or about
January 2015 and contrary to the integrity expected of a judicial officer and in contravention
of the Government Stores Regulations he travelled to the Republic of South Africa in a
Swaziland government issued motor vehicle without his designated chauffer.
8. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on about
August 2014 contrary to the integrity expected of a judicial officer and in breach of the
principle of the independence of the Judiciary he unlawfully directed Acting High Court
Justices Dlamini B.S. Dlamini A AND Simelane M to decide the matter wherein the Law
Society of Swaziland sought the removal from office of Justice Mpendulo Simelane in favour
of the Swaziland Government.
Chief Justice case postponed again
3 June 2015
The inquiry into alleged abuse of power by Swazilands Chief Justice Michael Ramodibedi
due to start on Wednesday (3 June 2015) has been postponed again.
This time Ramodibedi has moved an urgent application with the Swazi High Court to have
16
the hearing to be conducted by the Judicial Service Commission (JSC) declared

unconstitutional.
On 25 May 2015 Ramodibedi successfully had the inquiry postponed because he said he did
not have enough time to prepare a defence.
charges but would not surrender to police, instead preferring self-imposed house arrest for
more than five weeks. These charges were later reduced to eight. Now, the JSC reported that
the charges have been reviewed once again and now number three.
They are:
1. Abuse of office In the allocation of the Swaziland Revenue Authority matter.
Revenue Authority.
matter.
The High Court is expected to hear Ramodibedis application on Thursday (4 June 2015).
Ramodibedi has been suspended from office pending the outcome of the inquiry.
A media release from the JSC stated Ramodibedi was, seeking among other relief, the
recusal of all the members of the Judicial Service Commission, a declaration that the ad hoc
committee was improperly constituted and further that the hearing of the inquiry was
unconstitutional.
Chief Justice case heard in his absence
10 June 2015
The abuse of power hearing against Swazilands suspended Chief Justice Michael
Ramodibedi started and concluded on Tuesday (9 June 2015), even though he was not present
and no defence was heard.
Ramodibedi had asked for the Judicial Service Commission (JSC) hearing to be postponed
for a third time in two weeks because he was sick. The hearing at Ezulwini was told he had
been taken to the Mbabane Clinic that morning after suffering dizzy spells.
Members of the JSC dismissed the request, saying that he had been told the hearing would go
ahead even if he failed to appear. One of the JSC members Musa Dlamini reportedly accused
Ramodibedi of deliberately stalling the proceedings.
charges but would not surrender to police, instead preferring self-imposed house arrest for
more than five weeks. These charges were later reduced to eight and then to three.
17
They were:
1. Abuse of office In the allocation of the Swaziland Revenue Authority (SRA) matter
which was heard to hear a case brought by Ramodibedi against the SRA for taxing his
gratuity to the amount of E128 000 (US$12,800).
Revenue Authority, in which it is alleged wealthy businessmen offered judges E2 million to
help them win their case against the SRA involving the importation of goods into the
kingdom.
matter, where it is alleged Ramodibedi appointed three acting High Court judges to hear the
case when their terms of office had expired.
Ramodibedi reportedly dismissed his defence lawyer in the run up to the hearing.
The JSC will now report to King Mswati III, who rules Swaziland as sub-Saharan Africas
last absolute monarch, before a verdict is issued.
Chief Justice runs to Supreme Court

11 June 2015
Swazilands suspended Chief Justice Michael Ramodibedi is to appeal three rulings by the
Swazi High Court that allowed a hearing to investigate his alleged abuse of power to go
ahead.
The Judicial Service Commission (JSC) heard and concluded a hearing in Ramodibedis
absence on Tuesday (9 June 2015). It will now make a report to King Mswati III, the absolute
monarch in Swaziland, before a verdict is reached.
The three judgments under review include one issued by the full bench of the High Court that
consisted of Judges Qinisile Mabuza, Mbutfo Mamba and Mumcy Dlamini where
Ramodibedi wanted them to recuse themselves from hearing his matter.
A second ruling dismissed Ramodibedis claim that the JSC was wrong to hear the case
against him.
A third ruling concerned the judgment by Justice Mamba, in which Ramodibedi wanted the
High Court to set aside his warrant of arrest.
No date has been set for the Supreme Court hearing.
Meanwhile, the Anti-Corruption Commission (ACC) has filed an urgent application at the
Swaziland High Court to reinstate an arrest warrant that was issued against Ramodibedi in
April 2015, but later rescinded.
18
The hearing is expected to take place on Friday (12 June 2015).

Swazi King sacks Chief Justice
19 June 2015
King Mswati III of Swaziland has fired his Chief Justice Michael Ramodibedi for serious
misbehaviour.
The King, who rules Swaziland as sub-Saharan Africas last absolute monarch, signed a legal
notice on Wednesday (17 June 2015).
The King, who appoints all government ministers and top judges and who appointed
Ramodibedi, cited the Swaziland Constitution in announcing his decision.
The dismissal is with immediate effect. Ramodibedi had been suspended from office pending
the outcome of a hearing of the Judicial Service Commission (JSC) into allegations of abuse
of office.
The JSC heard evidence against Ramodibedi on 9 June 2015. Ramodibedi was not present at
the hearing, citing illness. No defence against the allegations was given.
Ramodibedi faced three charges. They were:
kingdom.
Following the hearing, the JSC reported to King Mswati who then made the decision to sack
his Chief Justice.
Swazi Chief Justices history of abuse
19 June 2015
Swazilands Chief Justice Michael Ramodibedi who has been sacked by King Mswati III had
a long history of abusing his power in office.
But, despite widespread criticisms from across the world, Ramodibedi was allowed to remain
in power.
19
His dismissal for serious misbehaviour, will come as a shock to the man himself and as a
puzzle to many observers of Swaziland because until now he had the support of the autocratic
King. In return Ramodibedi gave unswerving loyalty to the King who rules Swaziland as subSaharan Africas last absolute monarch.
The King appointed Ramodibedi, who is from Lesotho, as acting Chief Justice in 2010.
On 16 June 2011, Ramodibedi issued a directive that ensured the King would be above the
law in his own kingdom.
Under s11 of the Swaziland Constitution the King was already immune from any suit or legal
process in any cause in respect of all things done or omitted to be done by him. This was
further reinforced by Ramodibedis explicit practice directive stated that immunity applied
for any claims made indirectly against the King.
The King was clearly satisfied with Ramodibedis conduct and in 2012 he appointed him the
substantive Chief Justice for an indefinite period. This was done in contravention of the
Swazi Constitution, which states that the Chief Justice must be a Swazi.
In Swaziland, the King chooses government ministers and top judges. Political parties are
banned from taking part in elections and all groups opposing him are banned under the
Suppression of Terrorism Act.
Ramodibedi had been in the spotlight for a number of years over the way he ran the Swazi
judiciary on behalf of the King.
Many allegations of abuse of power have been made from lawyers within Swaziland and also
by the international human rights community.
In May 2014, two Supreme Court judges reportedly threatened to resign if a warrant issued
by Ramodibedi for the arrest of three High Court judges who were critical of him was served,
Ramodibedi reportedly issued the warrants but the Swazi police did not make the arrests.
The three judges were Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba.
Reportedly, arrest warrants were issued because the CJ felt the judges were ignoring his
orders and bringing the High Court into disrepute.
It was reported at the time that should the warrants be effected and the judges arrested, the CJ
planned to appoint interim judges himself.
This was not an isolated incident of abuse of power. In a report on Swaziland covering the
year 2011, Human Rights Watch stated, Serious deficiencies in Swazilands judicial system
persist. In an ominous precedent for the independence of the judiciary, Chief Justice Michael
Ramodibedi in August suspended Justice Thomas Masuku for insubordination and for
insulting the king, among other charges.
20
It added, On August 11 [2011] Justice Masuku appeared before the Judicial Service
Commission (JSC), whose six members are appointed by the king. On September 27 [2011]
the king relieved Judge Masuku of his duties for serious misbehavior. Justice Masuku had
in the past made several rulings in favor of human rights.
In the case of Masuku, Ramodibedi acted as judge, prosecutor and witness in the case he
himself brought.
David Matse, the Swaziland Minister for Justice, was fired from his job because he refused to
sign the dismissal letter for Masuku.
Human Rights Watch added, Control over the daily allocation of cases for hearings,
including urgent ones, has been placed solely in the hands of the chief justice, creating what
is perceived by lawyers as an unacceptable bias in the administration of justice. In August
[2011] the Law Society of Swaziland instituted a boycott of the courts to protest these
developments and the failure of the authorities to hear its complaints regarding the running of
the courts, including the chief justices allocation of cases. On September 21[2011], Law
Society members delivered a petition to the minister of justice calling for action to address
the decisions of the chief justice and the general administration of justice in the court system.
In August 2011, Swazi police in bullet-proof vests and armed with shotguns and tear gas
canisters invaded a meeting of lawyers in the Swaziland High Court, which had been called
to discuss their on-going campaign to get Ramodibedi removed from office. Reports in the
Swazi media said the Chief Justice himself ordered the police to break up the meeting.
In September 2011, the Centre For Human Rights, Swaziland, reported, Swaziland lawyers
embarked on the court boycott after the CJ issued a series of unlawful practice directives, to
all courts of the land, directing them not to admit certain cases. In one directive, the CJ
instructed the Registrar that cases would only be allocated to judges by the CJ himself, and
no other officer. In another practice directive, issued in June 2011, the CJ instructed the
Registrar and officers of all courts in the land that cases involving the king should not be
admitted. These regrettable actions of the CJ were largely viewed as interference not only
with the administration of the courts, but also as a denial of the fundamental right to access
justice.
In November 2011, the Open Society Initiative for Southern Africa (OSISA) reported,
Lawyers have been boycotting the courts for almost four months in protest at the
maladministration of justice in the country by the incumbent Chief Justice, Michael
Ramodibedi. But this week, they upped the pressure on the Chief Justice by staging a mass
walk-out of the Supreme Court. This left all suspects and people with civil cases with no
legal representation.
But astonishingly, the Chief Justice ordered that all cases be heard with or without the
lawyers. This, as some have already observed, is the height of injustice. The Chief Justice is
also on record as praising people who represented themselves saying that they actually argue
much better than the lawyers.
21
Subsequent to the directive to proceed without the lawyers, Ramodibedi then went another
step further - banning all lawyers from setting foot in the High Court. A heavily armed police
contingent has been posted in and around the High Court premises and only government
lawyers and people with cases have been allowed to enter. Banned from meeting at the High
Court, the lawyers opted for a very innovative strategy, using their vehicles to march
through the capital city in protest and brining the city to a stand-still - much to the
consternation of the police.
Ramodibedi was sacked on 17 June 2015 by the King after a Judicial Service Commission
hearing into allegations of abuse of office.
kingdom.
Following the hearing, the JSC reported to King Mswati who then made the decision to sack
his Chief Justice.
Sacked Chief Justice leaves kingdom
20 June 2015
Michael Ramodibedi, who was sacked as Chief Justice by Swazilands autocratic King
Mswati III on Wednesday has left the kingdom. It is thought he is returning to his home
country of Lesotho after he has received medical attention in South Africa.
The quick departure brings to an end speculation that he might face criminal charges in the
courts. In April, a warrant was issued for Ramodibedis arrest on 23 charges relating to
alleged abuse of power. Later, the warrant was suspended and Ramodibedi faced a hearing by
the Judicial Service Commission (JSC).
Ramodibedi left his government house in the Swazi capital Mbabane on Friday (19 June
2015) and left Swaziland through the Ngwenya border post into South Africa. Local media
reported that he was driven away by his son Napo and escorted to the border post by police.
22
kingdom.
Following the hearing, the JSC reported to King Mswati, who rules Swaziland as subSaharan Africas last absolute monarch. The King appoints the government and top judges.
Political parties are barred from taking part in elections and all groups advocating for
democracy are banned under the Suppression of Terrorism Act.
The King then made the decision to sack his Chief Justice.
Warrant out on ex-Chief Justice
25 June 2015
The Swaziland High Court has re-issued a warrant for the arrest of sacked Chief Justice
Michael Ramodibedi.
Ramodibedi, a Lesotho national, was sacked on 17 June 2015 by King Mswati III, the
absolute monarch of Swaziland.
Ramodibedi left Swaziland and is reported to have returned to Lesotho.
The original warrant for arrest was issued on 17 April 2015 on 23 charges relating to alleged
abuse of power.
The warrant was rescinded by Judge Jacobus Annandale during the nearly two months that
Ramodibedi was suspended from office and under self-imposed house arrest.
A Judicial Service Commission hearing found Ramodibedi guilty of misconduct. Ramodibedi
did not attend the hearing, citing ill health.
Following the hearing, King Mswati sacked Ramodibedi.
The warrant was re-issued by High Court Judge Nkululeko Hlophe on Wednesday (24 June
2015).
23
2 JUDICIAL CRISIS
Swazi court waits for Kings order
16 April 2015
Swazilands Chief Justice dismissed an attempt by the kingdoms Anti-Corruption
Commission (ACC) to arrest a cabinet minister because King Mswati had not given his
permission.
CJ Michael Ramodibedi dismissed an application in the High Court by the ACC for an arrest
warrant and a search warrant against Minister of Justice and Constitutional Affairs Sibusiso
Shongwe on Monday (13 April 2015) because an arrest cannot be done against His
Majestys sitting minister without proper clearance.
He also ordered that no other judge in Swaziland should deal with the matter.
In Swaziland, King Mswati III rules as an absolute monarch and he hand-picks all
government ministers.
If the court had issued an arrest warrant it would have been seen as a criticism of the Kings
ability to choose suitable people for ministerial office.
The Chief Justice, who was also appointed by King Mswati, will only act in the case on the
instructions of the King.
The ACC alleged that in December 2014 a total of E2 million (US$200,000) cash was
deposited into the ministers law firms trust account. The ACC wrote to Shongwe to ask
where the money came from but he did not respond.
The ACC also alleged that E1.3 million of the money had been disbursed from the account.
In a letter to the ACC, Shongwe said the money was being held on trust for a client of his law
firm.
He also alleged in the letter that the Swazi Prime Minister Barnabas Dlamini was trying to
ruin his reputation and the PM had threatened at a Cabinet meeting that he would kill him.
The ACC allegations Shongwe remain unproved.
Swazi Minister of Justice arrested
20 April 2015
Swazilands Minister of Justice and Constitutional Affairs Sibusiso Shongwe was arrested on
Monday (20 April 2015), days after arrest warrants were issued against the kingdoms Chief
Justice Michael Ramodibedi and High Court Judge Mpendulo Simelane.
24
Both Ramodibedi and Simelane have also been taken into custody. They face a string of
charges, including abuse of power.
Details of the allegations against Shongwe have not been released, but he has been at the
centre of an Anti-Corruption Commission (ACC) investigation relating to deposits of E2
million (US$200,000) into one of his firms bank accounts.
The Chief Justice had dismissed an arrest warrant requested by the ACC against Shongwe
last week.
The ACC alleged that in December 2014 a total of E2 million cash was deposited into the
ministers law firms trust account. The ACC wrote to Shongwe to ask where the money
came from but he did not respond.
The ACC also alleged that E1.3 million of the money had been disbursed from the account.
In a letter to the ACC, Shongwe said the money was being held on trust for a client of his law
firm.
Shongwe is also a close ally of the Chief Justice. Ramodibedi and Shongwe are reported to
both be at odds with Prime Minister Barnabas Dlamini. Shongwe alleged that at one Cabinet
meeting the Prime Minister threatened to kill him.
Swazi judges, law officer arrested
21 April 2015
Swaziland High Court Judge Mpendulo Simelane and Judge Jacobus Annandale were both
arrested Monday (20 April 2015) by the Anti-Corruption Commission (ACC) and officers
from the Police Fraud and Commercial Crime Unit.
The Swaziland High Court Registrar Fikile Nhlabatsi was also arrested.
They face charges including defeating the ends of justice and conflict of interest.
They are all involved in the case involving Swaziland Chief Justice Michael Ramodibedi,
who faces arrest on 23 charges, including abuse of power.
There was confusion on Monday (20 April 2015) about the status of the Chief Justice. An
arrest warrant was issued on Friday and he has been holed up in his house in Mbabane since
then. Usually well informed sources said on Monday that Ramodibedi had been arrested and
taken to Mbabane Police Station.
This proved incorrect and the CJ remained in his house. Armed police and state riot police
have been outside the house for several days. It is unclear why they have not entered the
house by force. The police in Swaziland have a deserved reputation for smashing their way
into houses of people they believe to be pro-democracy activists and arresting the occupants.
25
The Swazi Observer, a newspaper in effect owned by King Mswati III, the absolute monarch
in Swaziland, reported on Tuesday (21 April 2015), Judge Simelane was held for his part in
the Chief Justice Michael Ramodibedi versus the Swaziland Revenue Authority (SRA)
E128,000 (US$12,800) gratuity case.
Simelane presided over the matter, where the CJ wanted his tax gratuity from the taxman
and ruled in favour of his boss knowing very well that he (Simelane) was part of the CJs
team which presented written and oral presentations whilst he was still the Registrar of the
High Court.
He refused to declare his interest and recuse himself in the matter.
The CJ eventually won the case with Judge Simelane ordering that SRA should refund the
CJ his E128,000 plus interest.
The SRA is currently appealing the decision by Judge Simelane at the Supreme Court.
He was rounded up by officials from the Anti-Corruption Commission yesterday morning.
His warrant of arrest was issued by High Court Principal Judge Stanley Maphalala last
Friday. It was issued together with that of his boss the Chief Justice Michael Ramodibedi.
Their act is said to have eroded the confidence of the public in the countrys justice system.
Simelane has only served a year and three months as a judge of the countrys highest court
having been elected into the bench on February 14, 2014. Judge Simelane has been appointed
into the Industrial Court Appeal Court and full benches at the High Court under controversial
circumstances.
Annandale, a former acting chief justice, on the other hand is alleged to have been arrested
for trying to rescind the warrant of arrest issued by Principal Judge Maphalala against Chief
Justice Ramodibedi on Saturday.
Justice Annandales act is said to have been both procedurally wrong and corrupt.
He was also rounded up by the officials from the ACC together with officers from the Fraud
and Commercial Crimes Unit at his home at Pine Valley yesterday morning.
The newspaper said the High Court Registrar Fikile Nhlabatsi had also been arrested.
The newspaper reported, Nhlabatsi is alleged to have waved a fake order rescinding the
warrants of arrest against Chief Justice Michael Ramodibedi and Judge Mpendulo Simelane.
The order was issued by High Court Judge Jacobus Annandale on Saturday.
She together with Annandale is facing charges of defeating the ends of justice for such an
act.
The arrested were expected to make appearances at the Mbabane Magistrates Court on
Tuesday (21 April 2015).
26
New Justice Ministers contempt

22 April 2015
Edgar Hillary, the former Swaziland Commissioner of Police who was appointed Minister of
Justice and Constitutional Affairs on Tuesday (21 April 2015) in the wake of a judicial
scandal in which the Chief Justice and other judges have been accused of abusing power,
himself has a history of contempt for the law and decisions of the court.
Hillary, along with the then (and present) Prime Minster Barnabas Dlamini, was at the centre
of events in 2002 that led to Swazilands last major judicial crisis. At that time the entire
bench of six Court of Appeal judges resigned in protest.
Hillary defied a court order that he be jailed for contempt of court and then challenged any
police officer to try to arrest him.
The Swaziland High Court had found Hillary guilty of defying repeated court orders to allow
a group of evicted people to return to their homes at the villages of Macetjeni and
KaMkweli.
Hillary was charged along with Lubombo regional police commander Agrippa Khumalo.
The South Africa Press Association reported at the time that the saga started in 2000 when
Swaziland's King Mswati, sub-Saharan Africas last absolute monarch, appointed a new
chief, Prince Maguga, to the area where the villagers lived. Two acting chiefs in the area
refused to pay Maguga any allegiance, and the situation devolved into bloody fights between
pro- and anti-Maguga factions. Eventually the police were called in to restore order and to
force the rebels to leave the villages.
The rebels were later offered the opportunity to go back, on condition that they recognised
the new chief. They refused, and successfully applied for a court order to allow them to
return.
The Court of Appeal upheld the ruling of the High Court against the government and police
commissioner. The Court of Appeal also confirmed that the order of immediate committal to
prison of the police officials concerned was justified, in view of their persistent and flagrant
disregard for the Court judgments.
Amnesty International reported, The Commissioner [Hillary] himself was openly defiant and
was reported to have declared that only God can issue instructions for [his] arrest.
Prime Minister Barnabas Dlamini said in late November 2002 that government would ignore
the Court of Appeal ruling over Hillary because it overturned King Mswatis power to issue
laws by decree, thereby bypassing parliament.
He said on state-controlled radio, The effect of the Court of Appeals judgments would be to
strip the King of some of his powers, and the government is not prepared to sit idle and allow
judges to take from the Kings powers which were granted to him by the Swazi nation.
27
He added, The government does not accept the judgment of the Court of Appeal in respect
of the actions of the commissioner of police and his officers who acted properly and in
accordance with Swazi Law and Custom.
Six South African judges on loan to Swaziland who made up the kingdoms highest judicial
body, the Court of Appeal, resigned en masse to protest the Swazi Governments decision to
ignore their rulings.
The Council of Swaziland Churches in a statement released at the time said it feared anarchy
in the kingdom, and expressed greatest disappointment at the blatant abuse and disregard for
the rule of law by the government.
An unnamed Swazi attorney and Law Society member told the IPS news agency, It would
appear that the palace does not understand the role of the courts, that they dont exist as mere
advisory bodies to the King, as parliament and cabinet does, but they make independent
rulings based on law. In a monarchy, the Kings decision is the law.
Swazi judicial crisis: four in court
22 April 2015
Two Swaziland High Court judges, the fired Minister of Justice and the High Court Registrar
appeared in Mbabane Magistrates Court on Tuesday (21 April 2015) on various charges
relating to the on-going judicial crisis in the kingdom.
The accused are High Court Judge Jacobus Annandale; Minister of Justice and Constitutional
Affairs Sibusiso Shongwe; High Court Judge Mpendulo Simelane; and High Court Registrar
Fikile Nhlabatsi.
Shongwe had been fired from his Cabinet post on Tuesday following his arrest.
The accused faced different charges. The Swazi Observer, a newspaper in effect owned by
King Mswati III, sub-Saharan Africas last absolute monarch, reported the court proceedings
in its edition on Wednesday (22 April 2015).
It said, They were charged differently so they made their way into the accused dock in
groups. The first to take to the dock were Minister Shongwe and Nhlabatsi, who are both
charged together with the elusive Chief Justice Michael Ramodibedi.
Ramodibedi reportedly faces 23 charges, including abuse of power. He has been resisting
arrest at his home in Mbabane since a warrant was issued against him on Friday (17 April
2015).
The Observer continued, In this charge, they are alleged to have stolen a court record with
the warrant of arrest application against Shongwe.
It added, They were charged with obstructing the course of justice and theft.
28
The second duo to appear was Judge Mpendulo and the Registrar, who appeared in almost
all the charges. They too, were charged together with the CJ for their involvement in the CJ
versus SRA [Swaziland Revenue Authority] saga. They were charged with corruption and
obstructing the course of justice.
The SRA saga relates to the manner in which Ramodibedi received a gratuity. The Observer
Saturday had previously reported that Simelane and Ramodibedi were charged with, conflict
of interest, defeating the ends of justice and abuse of power in that the Chief Justice
Ramodibedi allocated his case of contesting his E128,000 [US$12,800] gratuity against the
Swaziland Revenue Authority (SRA) to Justice Mpendulo Simelane in full knowledge that
Judge Simelane in his then capacity as Registrar of the High Court, made written and oral
representations on the chief justices behalf to the SRA.
In its report on Wednesday, the Observer said, The last to appear were Judge Annandale,
Fikile and Judge Simelane. Here, the three were charged with the role they played in trying to
rescind the warrants of arrest against the CJ and Judge Simelane.
The four accused were remanded to the Mbabane police station cells, pending further police
inquiries.
Swazi judicial crisis: full charges
23 April 2015
The judicial crisis in Swaziland continued on Wednesday (22 April 2015) as formal charges
against the Chief Justice, two High Court Judges, the High Court Registrar and the justsacked Minister of Justice and Constitutional Affairs were revealed.
The accused are: Chief Justice Michael Ramodibedi, Judge Mpendulo Simelane, Judge
Jacobus Annandale, Fikile Nhlabatsi (High Court Registrar) and Sibusiso Shongwe (Justice
Minister).
The full list of charges was published in the Swazi Observer, a newspaper in effect owned by
King Mswati III, who is sub-Saharan Africas last absolute monarch, on Wednesday (23
April 2015).
1. Michael Mathealira Ramodibedi (Chief Justice)
2. Mpendulo Simeon Simelane (High Court judge)
3. Jacobus P. Annandale (High Court judge)
4. Fikile Nhlabatsi (High Court Registrar)
COUNT 1 (Accused 1, 2, 3 and 4)
29
The accused are guilty of contravening Section 33 (1) (b) read with subsections (2) (a) (i), (b)
(i), (c) and (d) together with Section 35 (2) of the Prevention of Corruption Act No. 3 of
2006.
In that upon or about April 18, 2015 and at or near Mbabane in the Hhohho region, the said
accused acting individually and/or jointly and in furtherance of a common purpose and being
judicial officers did unlawfully demand and/or accept and/or agree and/or offer to accept an
advantage from one another for the benefit of either one or more of them; and through their
illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or
performance of their respective positions of authority and violation of their legal duties or set
of rules in a design to achieve an unjustified result and amounting to an improper inducement
to one another to give an order in favour of one or more of them and thus did thereby
contravene provisions of the said Act.
Alternatively
The accused are guilty of contravening Section 42 (1) (b) as read with subsections (2) (a) (i),
(b) (i) and (ii), (c) and (d) together with Section 35 (1) of the Prevention of Corruption Act
No.3 of 2006.
In that upon or about April 18, 2005 and at or near Mbabane in the Hhohho region, the said
accused acting individually and/or jointly and in furtherance of a common purpose the said
accused did unlawfully demand and/or accept and/or agree and/or offer to accept an
advantage from one another for the benefit of either one or more of them; through their
illegal, dishonest, and biased manner to induce one another in the exercise, carrying out or
performance of their respective positions of authority and violation of their legal duties or set
of rules in a design to achieve an unjustified result and amounting to an improper inducement
to one another to given an order in favour of one or more of them and thus did thereby
contravene the provisions of the said Act.
COUNT 2 (Accused 1 and 2)
DEFEATING OR OBSTRUCTING THE COURSE OF JUSTICE
In that whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015, where
Justice SB Maphalala (PJ) had issued an order for the arrest of them. The accused had full
knowledge of the existence of the said order. The said accused acting individually and/or
jointly and in furtherance of a common purpose did on or about April 18, 2015, in the
Hhohho region, unlawfully and with the intent to defeat or obstruct the course of justice, the
accused acting individually and/or jointly conspired in the furtherance of a common purpose,
purported that Accused No.1 in consultation with Accused No.4, allocated the matter to
Accused No.3, for the rescission of the order issued by Justice SB Maphalala (PJ) with all the
accuseds full knowledge of their respective positions, in particular that Accused No.3 had no
power to overrule an order of this nature that had been issued by a principal judge in the same
jurisdiction and that Accused No.s 1 and 2 were suspects in the matter. The said rescission of
the order purportedly issued by Accused No.3, in the residence of Accused No.1, would
30
result in a favourable outcome to Accused No.s 1 and 2 and in the premises the said accused
did commit the crime of defeating and obstructing the course of justice.
1 Michael Mathealira Ramodibedi
2 Mpendulo Simeon Simelane
3 Fikile Nhlabatsi
COUNT 1
The accused are guilty of contravening Section 33 (1) (b) read with subsections (2) (a) (i), (b)
(i), (c) and (d) together with Section 35 (2) of the Prevention of Corruption Act No. 3 of
2006.
In that upon or during the period between April 2013 and February 2015 and at or near
Mbabane in the Hhohho region, the said accused acting individually and/or jointly and in
furtherance of a common purpose and in being judicial officers did unlawfully demand and/or
accept and/or agree and/or offer to accept an advantage from one another for the benefit of
either one or more of them; and through their illegal, dishonest, and biased manner to induce
one another in the exercise, carrying out or performance of their respective judicial functions
amounting to the abuse of their respective positions of authority and violation of their legal
duties or set of rules in a design to achieve an unjustified result and amounting to an improper
inducement to one another resulting in a judgment in favour of one or more of them and thus
did thereby contravene the provisions of the said Act.
Alternatively
The accused are guilty of contravening Section 42 (1) (b) as read with subsections (2) (a) (i),
(b) (i) and (ii), (c) and (d) together with Section 35 (1) of the Prevention of Corruption Act
No.3 of 2006.
In that upon or about the April 2013 and February 2015 and at or near Mbabane in the
Hhohho region, the said accused acting individually and/or jointly and in furtherance of a
common purpose the said accused did unlawfully demand and/or accept and/or agree and/or
offer to accept an advantage from one another for the benefit of either one or more of them;
and through their illegal, dishonest, and biased manner to induce one another in the exercise,
carrying out or performance of their respective judicial functions amounting to the abuse of
their respective positions of authority and violation of their legal duties or set of rules in a
design to achieve an unjustified result and amounting to an improper inducement to one
another to give a judgment in favour of one or more of them and thus did thereby contravene
the said Act.
COUNT 2 (Accused 1 and 2)
31
In that whereas Accused No.1 and 2 was a party to a matter filed in the High Court between
himself and SRA (Civil Case No. 785/2015), and whereas both Accused 1 and 2 knew of the
earlier involvement and position of Acccused 2 in the said matter. The said accused acting
individually and/or jointly and in furtherance of a common purpose did on or about February
2015, unlawfully and with the intent to defeat or obstruct the course of justice, allocate and/or
preside over the matter with both accuseds knowledge of their similar position and view that
Accused No.2 was entitled to a favourable outcome in the matter which was yet to be tried in
court as aforesaid and whereas when the matter was finalized, Accused No.2 inevitably
delivered a judgment in favour of Accused No.1 and in the premises the said accused did
commit the crime of defeating and obstructing the course of justice.
1 Michael Mathealira Ramodibedi
2 Fikile Nhlabatsi
3 Sibusiso Shongwe
COUNT 1
In that whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015, and
High Court Case No.173/2015. Accused No.1 had presided over that matter. Accused No.2
had provided administrative support in those proceedings. Now, therefore, the Accused No.s
1 and 2 acting individually and/or jointly and in furtherance of a common purpose did on or
about April 17, 2015, in the Hhohho region, unlawfully and with the intent to defeat or
obstruct the course of justice, steal the said warrant of arrest application proceedings High
Court file and handed it over to Accused No.3 and in so doing the said accused did commit
the crime of defeating and obstructing the course of justice.
COUNT 2: THEFT
Whereas upon or about April 17, 2015 and at or near Mbabane in the Hhohho region, the
accused, each or all of them acting individually and/or jointly and in furtherance of a
common purpose did unlawfully and intentionally steal the warrant of arrest application
proceedings file that was in custody of Accused No.s 1 and 2, under High Court Case No.
173/2015 whereas Accused No.3 was a suspect.
And whereas the accused had the intention of permanently depriving the High Court of
Swaziland and/or the Swaziland Government of the ownership of the above mentioned copy
of the record; and thus the accused persons are guilty of the crime of theft.
Judges, Registrar bailed; Minister not
24 April 2015
After spending three days in police cells, two High Court judges and the Registrar of the
High Court were granted E50,000 (US$5,000) bail each on Thursday (23 April 2015), in the
32
latest move in Swazilands ongoing judicial crisis.

The judges were Mpendulo Simelane and Jacobus Annandale. The Registrar was Fikile
Nhlabatsi. Their bail applications were opposed by the Crown.
The just-dismissed Minister of Justice and Constitutional Affairs, Sibusiso Shongwe was not
granted bail and was remanded to Sidwashini correctional facility.
High Court Judge Qinisile Mabuza said he was a flight risk and he was likely to interfere
with witnesses if he were released on bail.
All four face a series of charges relating to the administration of justice in the kingdom, ruled
by King Mswati III, sub-Saharan Africas last absolute monarch. The judges and the minister
were personally appointed by the King to their offices.
The Kingdoms Chief Justice Michael Ramodibedi, who was also appointed by King Mswati,
has been resisting arrest at his home, after a warrant was issued against him on Friday (17
April 2015).
Judicial crisis: Kings word is law
11 May 2015
In the increasing confusion during Swazilands present judicial crisis, politicians,
commentators and international observers alike are pointing to the Swazi Constitution for
answers.
But, they do not seem to realise that there is no point in scouring through the constitution for
a solution, because history tells us that King Mswati III will ignore the kingdoms
constitution when he wishes.
The King, who rules Swaziland as sub-Saharan Africas last absolute monarch, has ignored
the constitution a number of times. Among these were when: i) he appointed Barnabas
Dlamini Prime Minister when he was not a member of the Swazi Senate; ii) he appointed
Michael Ramodibedi Chief Justice when he was not a Swazi national and iii) in October 2012
when he refused to sack Dlamini as Prime Minister after he lost a vote of confidence in the
House of Assembly, although the King was constitutionally obliged to do so.
The constitution also puts the King above the law by stating he is immune from any suit or
legal process in any cause in respect of all things done or omitted to be done by him. The
constitution was further reinforced by an explicit practice directive issued by the Chief
Justice Ramodibedi on 16 June 2011 which stated that immunity applied for any claims made
indirectly against the King.
At present in Swaziland, Ramodibedi, the Kings appointee as Chief Justice, is suspended
from office. A warrant was issued for his arrest, reportedly on 23 charges, including abuse of
power.
33
Ramodibedi refused to be arrested and has been holed up in his house in Mbabane, the Swazi
capital, for more than three weeks. The arrest warrant was later suspended and Ramodibedi
himself was suspended from office pending an inquiry into his conduct by the Judicial
Service Commission (JSC).
Meanwhile Judge Bheki Maphalala was appointed Acting Chief Justice. Ramodibedi has
reportedly refused to be suspended and he will not recognise the legitimacy of his
replacement.
The Prime Minister Dlamini has been accused of taking power into his own hands by
pressing for Ramodibedis arrest even though the constitution states that only the JSC can
remove a Chief Justice. This is even though the Chief Justice is also the head of the JSC.
Prime Minister Dlamini does not see it that way. He is on record from 2011 in stating that the
word of King Mswati is law. He did so after the King demanded that Dlamini drop a court
case he was bringing relating to a land scam involving himself and several of his cabinet
ministers.
Dlamini reportedly said at the time, His Majesty said the issue should be put to rest. It means
the matter has been concluded because the Kings word is a command and the law.
So, before the present judicial crisis can end Swaziland must wait for King Mswati to
pronounce.
See also
KING PROVES CONSTITUTION IS WORTHLESS
KING WONT ACT ON NO-CONFIDENCE VOTE
Jurists: Deep flaws injustice system

Friday, 15 May 2015
The International Commission of Jurists (ICJ) has said there are deep flaws in Swazilands
justice system.
The finding came on Friday (15 May 2015) after a five-day mission to the kingdom, ruled by
King Mswati III, sub-Saharan Africas last absolute monarch.
The kingdoms Chief Justice Michael Ramodibedi has been suspended, pending an
investigation into alleged malpractice, including abuse of power. The Minister of Justice and
Constitutional Affairs Sibusiso Shongwe was sacked after he was charged with defeating the
ends of justice and contravening the 2006 Prevention of Corruption Act. He is presently in
jail on remand.
34
In a statement, the ICJ said, There are serious structural deficiencies in Swazilands justice
system that need to be addressed systematically and in a structured way to ensure the country
meet core rule of law principles.
Mission leader retired Judge Chinhengo of Zimbabwe said. Current developments are
merely the symptoms of a systemic crisis.
He added, There is a need for officials from all branches of government to adhere to the rule
of law. The effect of denied justice and in Swaziland has made many victims. Its effect on the
community has been devastating, as it has served to undermine respect for human rights and
trust in the judiciary to act as a check on the other branches of the State.
The Mission said it was also deeply concerned by the emblematic cases of the unfair
dismissal of Judge Thomas Masuku in 2011 as well as the unfair trial and subsequent
arbitrary detention of journalist Bheki Makhubu and lawyer Thulani Maseko in 2014.
The mission was conducted in collaboration with the Africa Judges and Jurists Forum, Judges
for Judges (the Netherlands) and the Commonwealth Magistrates and Judges Association,
with the aim to assess the state of independence of the judiciary and administration of justice
in the country.
Swazi ex-Justice Minister took bribe
Sunday, 14 June 2015
Sibusiso Shongwe took a bribe when he was still Swazilands Justice Minister and he tried to
entice a High Court Judge and the Chief Justice Michael Ramodibedi to also take bribes, a
top Swazi judge and a senior judicial officer have testified under oath.
Their evidence was given at the Judicial Service Commission (JSC) hearing into Chief
Justice Ramodibedis alleged misuse of power.
Evidence from suspended High Court Judge Mpendulo Simelane and High Court Registrar
Fikile Nhlabatsi was presented to the JSC hearing on Tuesday (9 June 2015). Ramodibedi
was charged with three counts of misuse of office. He did not appear at the hearing and his
side of the story was not given.
The case was concluded in his absence. King Mswati III, Swazilands absolute monarch, will
decide what happens next.
The alleged bribery concerned a case involving Impunzi Wholesalers and the Swaziland
Revenue Authority (SRA). The SRA demanded Impunzi paid about E10m (US$1 million)
duty for goods imported from China. It said Impunzi has been declaring the goods at
US$1.50 per item instead of US$14.50 thereby cheating the SRA of millions of Emalangeni.
According to an account published in the Observer Sunday, a newspaper in effect owned by
King Mswati III, Suspended Judge Mpendulo Simelane has revealed how Shongwe
summoned him to his home early in the morning, where he told him of wealthy businessmen
35
operating Impunzi Wholesalers who were willing to pay out E2m [US$200,000] if they were
helped to win the case against SRA.
Mpendulo said the ex-minster promised him a cut of E200,000 if he agreed to preside over
the matter and that the chief justice would get a share of E500,000 while Shongwe would
keep the remaining E1.3m.
The judge said he refused to be part of the scheme, citing religious convictions and legal
ethics as his reasons.
I told him that I do not accept bribes and that this borders on corruption. He further told me
that he had discussed the matter with the Chief Justice and that he should allocate the case to
me. I refused the offer and left his house and proceeded to work, said Simelane in his
affidavit submitted to the Judicial Service Commission.
The newspaper added, Moments later, Simelane was called by Ramodibedi who told him he
had been allocated the Impunzi case but he claims to have politely turned the CJ down by
citing a congested diary. The case was eventually allocated to Principal Judge Stanley
Maphalala something that did not go down well with the former minister, who feared that
the judge would not give the ruling he desired.
The newspaper reported Swazi High Court Registrar Nhlabatsi said she was summoned to
Shongwes law firm offices at Eveni, where he found him with two Chinese nationals and
they were talking about the Impunzi case.
The newspaper reported, She said she was ordered to ask the judge to finalise the matter
pronto but when the judge issued his ruling, it was in favour of SRA as feared by Shongwe.
The matter then went to appeal and that is where the scales were swayed to favour Impunzi.
First, Simelane was illegally sworn in as acting judge of the Supreme Court so as to preside
over the matter together with Ramodibedi and current acting CJ Bheki Maphalala.
The first hearing of the matter was postponed and when it returned, Simelane had been
replaced with Judge Jacobus Annandale.
Ramodibedi, who the minister said stood to benefit E500 000 if Impunzi won, was now part
of those to decide the matter.
Indeed, Impunzi won the case and it later emerged that E2 million had been deposited into a
trust account of Shongwes law firm and he was the sole signatory of the account. The money
was deposited into the trust account on December 17 and 19, 2014 in two separate amounts
of E1 million cash.
The dates show that the first deposit was made a day before the matter was due to be heard
by the High Court, where Shongwe and Ramodibedi intended for Simelane to preside over it.
36
When the E2m was uncovered by the Anti-Corruption Commission (ACC), which then
sought an arrest warrant for Shongwe, Ramodibedi blocked every attempt to have the exminister arrested.
He said an arrest cannot be done against His Majestys sitting minister without proper
clearance, and ordered that no other judge should deal with the matter without his
authorisation.
It was also claimed that the money belonged to clients of Shongwe law firm, but it later
emerged that he had used part of it to settle personal financial obligations such as paying for
household furniture.
Seeing the net hovering above him, Shongwe tried to pay an amount of E900,000, from the
E2m, to the SRA, allegedly on behalf of Impunzi but the SRA was advised by the ACC not to
dare touch that money because it was under investigation.
Despite the CJs efforts, Shongwe was eventually arrested and is currently languishing in
prison facing two counts; one of refusing to divulge information to the ACC about money
deposited into his law firms account and also the theft of a file at the High Court. He was
charged with contravening the Corruption Act.
Swazi Supreme Court nepotism fear
29 June 2015
A raft of appointments of judges to Swazilands Supreme Court has raised questions about
nepotism in the kingdom ruled by absolute monarch, King Mswati III.
Even one of the newspapers in Swaziland that he in effect owns has raised doubts about the
wisdom of appointing judges who are related to one another.
And, the Swazi Attorney-General Majahenkhaba Dlamini has been appointed a temporary
Supreme Court judge for the month of July 2015, raising questions about the independence
from government of the judiciary.
On Friday (26 June 2015), seven acting judges to the Supreme Court were announced, which
the Sunday Observer newspaper reported, resulted in the kingdoms judiciary turning into a
close knit family affair of spouses and siblings.
The newspaper reported, Newly-appointed Judge of the Supreme Court Majahenkhaba
Dlamini joins his wife High Court Judge Mumcy Dlamini as members of the judiciary.
Former High Court Judge Qinisile Mabuza and her brother Sipho Nkosi have both been
appointed Judges of the Supreme Court the latters appointment is on an acting basis while
the formers is permanent.
There is also High Court Judge Nkululeko Hlophe whose wife is Supreme Court Registrar
and Judicial Service Commission (JSC) Secretary Lorraine Hlophe.
37
With Majahenkhaba and his wife Judge Mumcy, questions have been raised on what would
happen should the former, in his capacity as acting Supreme Court Judge, find himself having
to review cases that were decided by the latter at the High Court.
There are suggestions that there are strong possibilities of this scenario coming true.
There are also concerns that some of the new judges might not be suitably qualified.
The Observer reported, A senior judicial expert who spoke to the Sunday Observer, though
stating clearly not being opposed to the appointments, was worried that Acting Judges Nkosi
and Cloete were appointed straight to the Supreme Court without any experience of presiding
in the lower courts, especially the High Court.
There is a lot that they need to learn, which they can do by presiding at the High Court
before they are elevated to the Supreme Court, said the expert.
The appointment of Attorney-General Majahenkhaba Dlamini to the Supreme Court for one
month has raised doubts about King Mswatis commitment to the separation of powers
between the legislative, the executive and the judiciary.
Dlamini is a member of the Swazi Government that was hand-picked by King Mswati, an exofficial member of the House of Assembly and now a judge. That gives him a place in all
three branches of government.
The full list of Supreme Court Judges:
Acting Chief Justice Bheki Maphalala
Dr. Ben Odoki JA
Justice Stanley Maphalala JA
Justice Jacobus Annandale JA
Justice Qinisile Mabuza JA
Justice Mbutfo Mamba JA
AG Majahenkhaba Dlamini JA
Lawyer Robert Cloete AJA
Lawyer Sipho Nkosi AJA
38
3 HOUSE SPEAKER SUSPENDED

Swazi House Speaker suspended
25 June 2015
Swazilands Speaker of the House of Assembly Themba Msibi was suspended from office for
seven days after an allegation that he conspired to oust the Prime Minister from office.
It was one of four allegations that have surfaced in the kingdom, ruled by King Mswati III,
sub-Saharan Africas last absolute monarch.
The Swazi Observer, a newspaper in effect owned by the King, reported that Msibi was
suspended on 17 June 2015 and a parliamentary investigation started against him for four
allegations.
The newspaper listed them as follows:
A newspaper article that implicates Msibi in interfering in the personnel recruitment process
in Parliament.
Misrepresentation he made in Cameroon during the Commonwealth Parliamentary
Association, that he had been nominated into the local chapter of CPA.
He was responsible for the dissolution of the Parliamentary joint house committee.
That he was one of the conspirators to oust the Prime Minister [Barnabas Dlamini] from
office.
Msibi then went to the Swazi High Court to seek a ruling that the House of Assembly did not
have the power to suspend a Speaker.
On Wednesday (24 June 2015) the High Court ruled that the House of assembly investigation
should be halted pending further deliberation by the court.
Msibi was a controversial choice as Speaker of the House of Assembly. He was elected
unopposed after all other candidates withdrew from the election. Msibi was considered to be
the choice of King Mswati.
In October 2013, following the national election, in which political parties were banned from
taking part, the House of Assembly was ready to elect a Speaker but it was adjourned for
three days to allow Msibi time to get his nomination papers entered.
The adjournment was forced by Clerk of Parliament Ndvuna Dlamini. The adjournment
caused confusion in the Swazi Parliament because the kingdoms Constitution suggests the
election of Speaker had to take place at the first sitting of Parliament following a national
election.
Once news that King Mswati wanted Msibi in place, other candidates withdrew.
39
Among those withdrawing was Prince Guduza, the Speaker of the previous Parliament. He
was widely thought of as the first choice of Parliamentarians and until the Kings
intervention, was expected to be elected.
King Mswati III had a week earlier appointed Msibi to the House of Assembly. Msibi did not
stand as a candidate in the national election held on 20 September 2013. The king appoints 10
members of the House.
At the time, the Swazi Observer, a newspaper in effect owned by the King, ran a story
recalling Msibis past life. Msibi had at one time complained that there were too many
foreigners in Swaziland. The newspaper also reported that Msibi was once photographed by
journalists with his trousers down in a car with a woman who was not his wife. Msibi later
apologised to King Mswati for embarrassment caused.
See also
KINGS MAN STANDS FOR SPEAKER JOB
CONFUSION AS SPEAKER NOT ELECTED
DISSIDENT STANDS AS HOUSE SPEAKER
40
4 KINGS PRIVATE JETS SCANDAL

Swazi King to buy $44m private jet
2 April 2015
King Mswati III of Swaziland is reportedly looking to buy a private A340 jet costing at least
US$44 million.
If he does, the cost would be nearly three times the amount the Swazi Government spent last
year on elderly grants (pensions), in the kingdom where King Mswati rules as sub-Saharan
Africas last absolute monarch.
It is also considerably more than the US$27 million the Swaziland Government received in
external grants from intuitions such as the European Union.
News of the intended purchase circulated on the Internet following a reports in Swaziland
newspapers that Swazi members of parliament were concerned that the Kings present DC-9
jet, which is impounded in Canada as part of a business dispute over unpaid debts, might be
tampered with. They wanted the King to sell his present plane and buy a replacement.
The Swazi Observer, a newspaper in effect owned by the King, reported Kwaluseni MP
Mkhosi Dlamini saying safety issues must be highly considered on return of the aircraft
because the person behind its attachment would still be bitter over its release.
Following the report, a source close to the aviation industry told an Internet website the
debate in parliament was a smokescreen to disguise the fact that the King was already
intending to buy a bigger Airbus A340 jet.
No information about the projected cost of the plane has yet been revealed, but a quick search
on the Internet suggests a starting price might be about US$44 million. The cost could be
considerably larger depending upon the age of the plane and the amount of refurbishments
that would be needed to the aircrafts interior to satisfy the Kings well-known tastes for
luxury.
In Swaziland seven in ten of the 1.2 million population live in abject poverty on incomes less
than US$2 per day.
In the national budget announced in February 2015, it was revealed that E156 million
(US$15.6 million) had been spent on grants (pensions) for the elderly in 2014 2015. In
Swaziland, the grant is the only income for many elderly people.
The grant was increased by E20 (US$2) per month to E240. The Deputy Prime Minister
Themba Masuku said in February 2015 that this was sufficient. E20 can buy two loaves of
bread.
41
Revealed: Details of Kings new jet

7 April 2015
King Mswati III of Swaziland is set to buy a second private jet, confidential documents have
confirmed.
The deal is expected to be completed this month (April 2015), but the plane will be taken for
refits and upgrades and might not be ready to fly for another year.
The plane is an Airbus A340 with the serial number MSN 257. It was last operated by Air
Blue of Pakistan, but has been stored since February 2014.
The Airbus has an insured value of US$15 million, but the insured value is expected to rise to
at least US$30 million once refurbishments have been completed.
The Airbus is at least 16 years old and its first flight was registered on 28 January 1999. It
was operated by Air Canada from 1999 to 2002. From 2002 to 2008 it was operated by Air
Jamaica and from 2008 to 2012 by Turkish Airlines. Air Blue operated the plane from 2012
and it has been stored under the registration number N281AT since February 2014.
Luftfahrt-Versicherungslosungen AG of Zurich, Switzerland, a specialist aviation brokerage
company, was tasked with finding insurance cover for the aircraft. It reported the agreed
value of the plane to be US$15 million. It added, Agreed value at inception will be US$15
million increasing to US$30 million during completion work over the next 11 to 12 months.
Industry insiders say the refurbishment costs could be more than anticipated by LuftfahrtVersicherungslosungen, depending on the degree of luxury the King demands. Plans are
already being drawn up to build a state room, a lounge and a royal lavatory on the aircraft.
Similar planes with VIP upgrades of their interior are being offered for sale on the Internet
for US$44 million.
Luftfahrt-Versicherungslosungen said, The aircraft will be undergoing completion and refit
work which will be done by either Avinor Canada or EAS France.
It added, The current owner of the aircraft is ILFC [a global aircraft leasing company]. The
aircraft is in Phoenix Arizona and the ferry flight [taking the plane from the seller to the
purchaser] will be from Phoenix to Canada. Thereafter the aircraft will be purchased by the
King of Swaziland.
The serial number is MSN257. The aircraft is currently on the N register [registered in the
United States] but will be re-registered to T7 (San Marino) or Kingdom of Swaziland. After
completion the aircraft will be used for private and industrial aid only.
The inception date is anticipated to be the 15 April [2015].
King Mswati, who rules Swaziland as sub-Saharan Africas last absolute monarch, already
owns a modified McDonnel Douglas DC-9-87 jet, also known as an MD-87. It cost US$9.5
42
million in 2012 and at least another US$4.1 million was spent on refurbishments before the
King took delivery.
This jet is at present held by a court in Canada as part of a business dispute relating to alleged
unpaid debts amounting to US$3.5 million for the 2012 refurbishment. It is not known if the
King intends to keep this jet once he takes delivery of the Airbus.
King Mswati has a global reputation for living a lavish lifestyle with fleets of top-of-therange BMW and Mercedes cars and a Rolls Royce. The King has 13 palaces and he, his
family, and their entourage take expensive international trips.
Meanwhile, seven in ten of his 1.3 million subjects live in abject poverty, with incomes of
less than US$2 per day, three in ten are so hungry they are medically diagnosed as
malnourished and the kingdom has the highest rate of HIV infection in the world.
In 2014, more than 3,000 cases of diarrhoea were reported in the kingdom. More than 40
children died and at least another 500 were hospitalised. Swazi Minister of Health Sibongile
Ndlela-Simelane said at the time Swaziland could not treat the children with drugs that were
readily available on the international market because of budget constraints.
King Mswati is also at the centre of a US$141 million arbitration dispute after it was claimed
in 2014 his appointees deliberately worked to make the Ngwenya Iron Ore Mine in
Swaziland fail so the King would not have to repay a US$10 million loan he had been paid by
the company.
At the time mine operations began in 2012 it was predicted the King would eventually make
US$100 million from the mine.
Who paid for Swazi Kings jet?
10 April 2015
As news leaks that King Mswati III of Swaziland is about to get a second private jet at a cost
of at least US$30 million, there is still a mystery about who paid for the jet he already has.
Confidential documents show that the Kings own company Inchatsavane paid the US$9.5
million cost of the McDonnel Douglas McDonnell Douglas DC-9-87 (also known as an MD87). Later, a further US$4.1 million was spent on refurbishing the plane.
At the time of the purchase in 2012, the Swazi Government maintained that the plane was a
gift to the King from development partners.
The Swaziland Governments official spokesperson Percy Simelane categorically denied that
public money had been used to purchase the Kings plane. He said, A thousand times No,
when asked by the BBC if public money was involved. Simelane claimed the jet was given to
the King by well-wishers.
43
Simelane said the development partners were, people already involved in the social and
economic development of the country.
Now, confidential papers never made public before reveal some of the background to the
planes purchase.
The Sale and Purchase Agreement for the plane dated 18 April 2012 stated the purchaser as
Inchatsavane Company (Pty) Ltd. The agreement describes Inchatsavane as a limited
company formed under the law of Swaziland under certification of incorporation No 581 of
2010. The companys office address is given as 1 st Floor, Ellerines Building, Swazi Plaza,
[Mbabane], Swaziland.
King Mswatis name appears on the document as sole shareholder / owner of the company.
The seller is given as Wells Fargo Bank Northwest, National Association, not in its
individual capacity but solely as owner trustee.
A Bank of America Wire Transfer dated 26 April 2012, shows US$9.5 million dollars was
transferred from the account of His Majesty King Mswati III, bank account number
0240037517401, at the Standard Bank Swaziland Ltd, Stanbic House, Swazi Plaza, Mbabane,
Swaziland.
The money was transferred to McAfee and Taft escrow account in the United States. An
escrow account is a bank account for keeping money that is the property of others.
Under US law funds wired to an escrow account must come directly from the purchaser and
not a parent, subsidiary, related company, officer, governor or director. King Mswati
personally signed the escrow agreement.
Seven days earlier, on 19 April 2012, US$10 million had been deposited into the account of
His Majesty, bank account number 0240037517401. The money came from Salgaocar
Swaziland Pty Ltd, bank account number 0240047831101, at the Standard Bank, Mbabane
branch.
Salgaocar had months earlier in June 2011 been granted a licence by King Mswati to mine
iron ore at Ngwenya. King Mswati, who rules Swaziland as sub-Saharan Africas last
absolute monarch, controls all mining and mineral rights in his kingdom.
SG Iron Ore Mining (PTY) Ltd was formed to run the mining business. Southern Africa
Resources Ltd (SARL) held a 50 percent stake in SG Iron. The Swaziland Government held
25 percent of the shares and the King personally held 25 percent in trust for the nation.
Less than six months after operations began, King Mswati, through his representative Sihle
Dlamini, asked for and received an advanced payment of US$10 million on the Kings future
dividend. This was agreed at a meeting of the Board of Directors of Salgaocar Swaziland held
in Mbabane, Swaziland, on 16 April 2012. The money was to be repaid from future dividends
payable to the King.
44
There was no public announcement made that the King received the money which he held in
trust for the nation and it is not known how he spent it.
Shanmuga Rethenam (popularly known as Shan), the chairman of Salgaocar Swaziland, told
Swazi Media Commentary in an email dated 31 March 2015 that neither Salgaocar nor any of
his companies had donated the aircraft.
Shan was however involved through a company called SG Air in paying for the upgrades to
the plane. This cost at least US$4.1 million. SG Air paid the bills on behalf of the Kings
company, Inchatsavane. SG Air expected Inchatsavane to repay the money it spent, but
allegedly this did not happen. This is now the subject of a court dispute in Canada. The
Kings plane has been attached by the court in the dispute over unpaid debts.
In April 2012 it was reported in the South African media that the money for the plane had
come from Kuwait. Reports quoted Prince Omari Dlamini, described as a nephew of King
Mswati, saying the plane was a gift from Kuwait and it was not bought out of public funds.
Later, the Swazi Government issued a statement saying, It is true that His Majesty the King
received a gift in the form of a Mcdonnell DC-9 Aircraft for his and the Queen Mothers
travels abroad on engagement on national interest.
It is also true that the sponsors of this magnificent gift, exercising their rights, elected to
remain anonymous.
It is not true that the Kuwait Government or countries and companies mentioned in the
South Africa media purchased the aircraft for His Majesty the King or contributed in any
form whatsoever towards this present.
It added, The Royal Household, Government and the People of Swaziland do not know and
have nothing to do with the so-called Prince Omari Dlamini who has been quoted extensively
by the South African media as having said the aircraft is a gift from Kuwait.
Now, in April 2015, King Mswati is to buy an Airbus A340, with an initial insured value of
US$15 million. The insurance value rises to US$30 million after refurbishments expected to
take 11 months are completed.
As in 2012, the source of the funding has not been revealed to the Kings 1.3 million subjects.
Seven in ten of them live in abject poverty, with incomes of less than US$2 per day, three in
ten are so hungry they are medically diagnosed as malnourished and the kingdom has the
highest rate of HIV infection in the world.
Swazi Kings secret jet purchase
17 April 2015
In May 2010, in the depths of Swazilands worst financial crisis in its history, King Mswati
III secretly bought himself a private jet for US$11.45 million, it can be revealed publicly for
the first time.
45
He then committed himself to paying another US$6 million over five months for luxury
modifications.
While this was happening the Swazi Government, which he handpicked, was slashing
department budgets and public services by E1.5 billion (US$150 million) in an attempt to
keep the kingdom out of bankruptcy. Seven in ten Swazis continue to live in abject poverty
with incomes of less than US$2 per day.
In December 2010, unable or unwilling to pay his debts, the King sold the plane to Millers
Capital, a Singapore-based investment company, for US$7.5 million US$3.95 million less
than he paid for it five months earlier. In April 2012, he bought the plane back from Millers
for US$9.5 million US$2 million more than he had sold it. He then claimed to the Swazi
people that the plane had been donated to him by development partners.
The tangled financial history of the Kings MacDonnell Douglas DC-9 jet (also known as
MD87) was revealed in papers at the Court of Appeal, Ontario, Canada, where the jet is being
held in a business dispute over an alleged unpaid bill of US$3.5 million for upgrades made to
the plane.
Papers presented to the court on 9 April 2015 revealed that on 20 May 2010, SG Air Leasing,
a company incorporated in the British Virgin Islands, sold the jet to Inchatsavane, a company
whose sole shareholder was King Mswati, for US$11.45 million. The sale was for the shell
aircraft and engines and did not include the interior.
There was an additional agreement between Inchatsavane and Goderich Aircraft Inc (GAI) of
Ontario, Canada, to modify the interior of the aircraft for a price of US$6 million, which was
to be paid by the Kings company in instalments between 7 June 2010 and 8 November 2010.
In November 2010 GAI said that Inchatsavane was in arrears of payments by about US$2.6
million.
A close business associate of King Mswati introduced him to Millers Capital to assist
Inchatsavane in obtaining financing to pay off the debt.
On 30 December 2010, Millers Capital bought the aircraft from Inchatsavane for US$7.5
million, of which US$3 million went to GAI to pay off the arrears and US$4.5 million went
to the King through his company Inchatsavane.
The court papers revealed that there was a verbal agreement between Millers Capital and
Inchatsavane that the King would be allowed to repurchase the plane at a later date for
US$9.5 million.
While the King was making this secret deal to secure the future of his private luxury jet, the
Swazi economy was in free-fall. The mismanagement of the Swazi economy was so grave
that in August 2010 both the International Monetary Fund and the World Bank refused to
46
support Swazilands attempt to raise a US$500 million loan from the African Development
Bank.
In August 2011, GAI said it was insolvent and could not complete the upgrading of the
aircraft. SG Air agreed to fund the continuing upgrading on the understanding that the Kings
company Inchatsavane would repurchase the aircraft from Millers Capital for US$9.5
million.
The court papers stated that if Inchatsavane did not buy back the plane, SG Air had an
understanding with Millers Capital that the aircraft would be sold and SG Air would recover
its expenses from that sale.
As of 17 April 2012, the costs paid by SG Air on behalf of Inchatsavane for the modifications
to the jet totalled US$3.275 million.
SG Air paid a further US$1.37 million in connection with repairs and improvements to the
plane. This took the total amount payable to more than US$4.6 million.
The upgrades were all to increase the luxuriousness of the jet and had nothing to do with
ensuring the Kings security. The court papers stated the jet had nothing in it making it
unique or necessary for HMK [His Majesty the King] to conduct any state / sovereign
business.
The papers added the aircraft had, no missile detection system, no military radar, no
ammunition resistant steel, no in-flight refuelling connection, nor does it have any advanced
avionics and defences or electronic counter measures to interfere with enemy radar.
Practically speaking, the aircraft is an ordinary airplane retrofitted with luxury amenities.
The King through his company Inchatsavane repurchased the jet on 18 April 2012 for US$9.5
million from Millers capital, through Wells Fargo in its capacity as trustee. This was in line
with the verbal agreement they had made in December 2010.
The government which is hand-picked by King Mswati, who rules Swaziland as sub-Saharan
Africas last absolute monarch, made several public statements in April 2012 to say the jet
had been donated to the King as a gift by development partners.
This was the first public announcement made about the plane, although it had originally been
purchased nearly two years earlier in May 2010.
The Kings Prime Minister Barnabas Dlamini, said on government-controlled radio that the
King had been given the jet as a birthday gift, from development partners and friends of the
King, to be used by their majesties for travels abroad.
Government spokesperson Percy Simelane said at the time, The donor has asked to remain
anonymous and we stand by that agreement. We dont owe anybody an apology for having
been lucky to have someone purchase a jet for the King.
47
In April 2015, the court papers stated that although Inchatsavane had not remitted the
outstanding monies owed, SG Air did not press for payment aggressively. But, by
November 2014, more than two-and-a-half-years after the planes repurchase, SG Air told the
King it was imperative that it be repaid.
To facilitate a speedy resolution, SG Air agreed with King Mswati that US$3.5 million
should be paid to SG Air as full and final settlement of the costs in connection with the
aircraft. By making this offer, SG Air wrote off US$1.1 million of the debt.
By 16 December 2014, the debt had not been paid and SG Air succeeded in obtaining an
attachment for unpaid debts of the aircraft which was in Goderich, Ontario, for routine
maintenance. The plane remains attached by the court.
The Court of Appeal in Ontario is expected to have a further hearing on the case on 11 June
2015.
Kings company at centre of jet row
2 April 2015
King Mswati III of Swaziland refused to use a private jet that had been chartered for him at a
cost of more than US$1 million because it only had one toilet, papers filed at a court in
Canada state.
So, a second aircraft was chartered for him at a cost of US$1.425 million.
The extent of King Mswatis lavish lifestyle has been revealed in papers deposited at the
Ontario Superior Court of Justice as part of a business dispute involving a company called
Inchatsavane.
Inchatsavane is registered at the Kings Lozitha State Palace and King Mswati is described as
sole shareholder / owner.
Inchatsavane is alleged to owe US$3.5 million for refurbishments made to the Kings private
DC-9 jet.
Repairs and modifications were made to the jet at a cost of US$4.123 million before it was
delivered to him in 2012. A company called SG Air paid for the work on behalf of
Inchatsavane. SG Air expected Inchatsavane to repay it the money but, the court papers state,
it did not.
The refurbishment of the jet took longer than expected and King Mswati was without a
private plane.
The court papers state, In an effort to accommodate Inchatsavane and HMK [His Majesty
the King], SG Air attended to leasing an alternate aircraft known as CRJ 200 VIP with 16
seats for a six-month contract for $1,050,000.00.
48
It added, Around May 2011 Mr. Sihle [Sihle Dlamini, the Director of Administration at the
Kings Office and Assistant Private Secretary to the King] advised SG Air that HMK was not
satisfied with the CRJ 200 as it only had one toilet on board and was therefore very
inconvenient. HMK rejected the CRJ 200 and accordingly SG Air returned same to Emerald
Jets. SG Air therefore attended to locating two replacement aircrafts for Inchatsavane and
HMK.
The company then agreed a replacement lease agreement with Prestige for a Legacy 600
aircraft for the period 17 May 2011 to 16 October 16, 2011 for the total cost of $1.425
million.
SG Air also paid $778,000 for flight support services relating to the Legacy 600 aircraft.
The court papers also stated that by November 2014 SG Air had not been repaid and
following discussions with the King it was agreed that Inchatsavane would pay US$3.5
million to SG Air as full and final settlement of the cost of the refurbishments.
By 16 December 2014 SG Air had not received any funds from Inchatsavane or the King. As
a result it obtained a court order in Canada to attach the Kings DC-9 which was in Canada
for routine maintenance and the aircraft was impounded.
The DC-9 remains in Canada under order of the court.
Swazi MPs confused over Kings jet
8 April 2015
Swaziland parliamentarians are misleading themselves about the impounding of King Mswati
IIIs private jet by a court in Canada in a dispute over alleged unpaid bills.
They think it is an attack on Swazilands sovereignty, so the Swazi House of Assembly has
decided to petition the Government of Canada to get the plane released.
Members of Parliament said the attached plane was a state aircraft and enjoyed diplomatic
immunity.
They also said the Kings dignity had been let down by the situation.
In fact, the plane was attached by the Ontario Superior Court of Justice in Canada in what is a
relatively straight-forward, but disputed, business deal.
Attachment is a legal process by which a court of law, at the request of a person who is owed
money, requires property owned by the person who owes the money to be transferred to the
person who is owed the money, or sold for the benefit of the person who is owed the money.
The plane is legally owned not by the Kingdom of Swaziland but by a company called
Inchatsavane Company (Pty) Ltd. The company is a legal entity in its own right. In the Sale
and Purchase agreement for the McDonnell Douglas DC-9-87 aircraft dated 18 April 2012,
49
Inchatsavane is given as the purchaser and King Mswatis name appears on the document as
sole shareholder / owner of the company.
Inchatsavane might be seen as the Kings company in Swaziland, but in international law it
is a company like any other.
In the Sale and Purchase Agreement, Inchatsavane is described as a limited company formed
under the law of Swaziland under certification of incorporation No 581 of 2010.
The companys office address is given as 1 st Floor, Ellerines Building, Swazi Plaza,
[Mbabane], Swaziland.
The plane was attached in Canada in December 2014 in a dispute over an unpaid bill. The
background to the dispute is that after Inchatsavane bought the jet for US$9.5 million in
2012, the King required refurbishments to be made to the interior. The cost of repairs and
modifications was at least US$4.1 million.
At the Ontario Superior Court of Justice in Canada, a company called SG Air said it paid the
invoices for the refurbishments on behalf of Inchatsavane, expecting Inchatsavane to repay it
the money.
SG Air said this money was not repaid.
The Ontario court was told that on 13 November 2014, King Mswati agreed to pay US$3.5
million as full and final settlement of the costs owed by Inchatsavane.
The court was also told that by 16 December 2014 the funds had not been paid either by
Inchatsavane or King Mswati and so the attachment of the aircraft was sought.
The claim in the court was against Inchatsavane and not King Mswati. The King was not
present when the plane was taken by the courts; it was in Canada for routine maintenance.
State sovereign immunity does not apply in the case as the dispute is a commercial dispute
between two companies. The Kingdom of Swaziland is not legally involved in the case.
The plane remains attached by the court, pending a further hearing.
See also
SWAZI KING REFUSED TO PAY JET DEBT
SWAZI KINGS JET HELD FOR UNPAID DEBTS
50
Revealed: Cost of flying Kings jet

9 April 2015
It may have cost Swaziland at least US$9 million to operate King Mswati IIIs private jet
since he received it in 2012, according to confidential figures.
The modified McDonnel Douglas DC-9-87 jet, also known as an MD-87, cost US$9.5
million in 2012 and at least another US$4.1 million was spent on refurbishments before the
King took delivery.
In 2012, the Kings company Inchatsavane signed an aircraft management operating
agreement with Greek-based Gain Jet Aviation. As part of the deal the King was required to
deposit US$500,000, described as average two months operating costs, as a guarantee
against unpaid invoices. On this basis the operating costs of the aircraft would be
US$250,000 per month or US$3 million per year. In the three years since the jet has been
flying, the operating costs would have reached US$9 million.
The figure set by Gain Jet Aviation was only an estimate. Another estimate of costs of
operating an MD-87 is available from Conklin and de Decker, Aviation Information.
It has set the total fixed cost of the MD-87 at US$1,124,525 for a year. This works out at
US$93,710 per month.
Fixed costs are the costs that have to be paid even if the plane never flies. Among the fixed
costs it lists are salaries for the pilot, the co-pilot and the flight attendant.
Conklin and de Decker set the variable costs at US$9,736.20 per hour.
Variable costs include fuel, maintenance, landing charges at airports, staff expenses and
catering.
The US$250,000 per month or US$9,736.20 per hour anticipated for operating costs might be
underestimates for the true cost of flying King Mswatis jet.
Gain Jet Aviation invoiced the Swaziland Ministry of Foreign Affairs US$312,500 for a
flight in June 2012 from Tokyo (Japan), to Manzini (Swaziland). The flight was spread over
two days and included fuel stops in Danang (Vietnam), Male (Maldives), and Dar Es Salaam
(Tanzania). The total flying time for the journey was 20 hours 50 minutes.
The company billed for a total of US$312,500, which works out at about US$14,880 per
hour.
In August 2014, Gain Jet Aviation invoiced for a trip that was going to take place the
following month over 14 days from Swaziland Tanzania Maldives Malaysia India
Egypt Nice (France) Cameroon Swaziland. The total estimated number of flying hours
was 39 hours 35 minutes.
51
The invoice total was for US$593,750.00, which works out at about US$14,843 per hour.
It would be impossible to get figures for the true full cost of operating King Mswatis private
jet. The King rules Swaziland as sub-Saharan Africas last absolute monarch. Political parties
are banned from taking part in elections and he picks the Prime Minister, the Government and
the kingdoms judges.
People who question his authority or advocate for multi-party democracy are jailed under the
Suppression of Terrorism Act and / or the Sedition and Subversive Activities Act.
The US$9 million estimated to have been spent on the Kings jet since 2012 is about E90
million in the Kingdoms local currency. As a comparison, in the national budget announced
in February 2015, E52 million was set aside to expand free primary school education.
The Kings jet is at present held by a court in Canada as part of a business dispute relating to
alleged unpaid debts amounting to US$3.5 million for the 2012 refurbishment.
Swazi King above the law, court told
15 April 2015
King Mswati III of Swaziland enters into business contracts which he does not honour and it
is impossible to get him to do so because he is above the law in his own kingdom.
That is the picture that is emerging in a court in Ontario, Canada, where the Kings personal
luxury jet has been impounded in a business dispute over an alleged unpaid bill of US$3.5
million.
The Kings jet was attached by the court in Canada in January 2015 while it was in Goderich,
Ontario, for routine maintenance. It has been held ever since.
SG Air Leasing, the company allegedly owed the money, told the Ontario Court of Appeal on
9 April 2015 that the jet had to be attached and the case had to be resolved outside of
Swaziland because no court in Swaziland would hear a case against the King.
In papers presented to the court, King Mswati was described as an absolute monarch.
The dispute involves the cost of renovating the Kings McDonnell Douglas DC-9 jet (also
known as an MD-87) in 2012. The Ontario Court of Appeal was told that SG Air paid more
than US$4.4 million for repairs and modifications to the jet. The jet itself had cost US$9.5
million.
52
SG Air said it paid the costs on behalf of Inchatsavane, a company described as a shell
corporation set up by King Mswati to purchase the jet. King Mswati was described as
Inchatsavanes sole shareholder.
SG Air said the arrangement was for Inchatsavane to repay it the money spent on repairs and
modifications. When the King failed to pay, private negotiations took place and allegedly the
King agreed to pay US$3.5 million in full and final settlement of the debt.
When the King also failed to pay this money, SG Air successfully applied for the courts in
Canada to attach the jet and this was done on 13 January 2015.
The Court of Appeal was told that under s11 of the Swaziland Constitution the King was
immune from any suit or legal process in any cause in respect of all things done or omitted
to be done by him.
The Constitution was further reinforced by an explicit practice directive issued by the Swazi
Chief Justice Michael Ramodibedi on 16 June 2011 which stated that immunity applied for
any claims made indirectly against the King.
SG Air said in court papers said it saw no prospect of any foreign judgement obtained
against HMK [His Majesty the King] or Inchatsavane being enforced by a court in
Swaziland.
The Kings representatives asked the court to release the jet.
SG Air said in court papers that if the jet was ready for flight and if it was released it would
depart immediately and SG Air will have no prospect of enforcing a Canadian judgement
against Inchatsavane in Swaziland.
The jet remains in Canada and the case continues in the Court of Appeal. A further hearing is
anticipated in May 2015.
Swazi King not above law in Canada
16 April 2015
The King of Swaziland tried to get a court in Canada to drop a case against him involving an
alleged unpaid debt of US$3.5 million because he was a head of state.
But the court in Ontario dismissed his plea and the case went ahead.
The case would not have been allowed to take place in Swaziland, because King Mswati III,
who rules as sub-Saharan Africas last absolute monarch, is above the law. Both the
Swaziland Constitution and a directive from Chief Justice Michael Ramodibedi, who was
appointed by the King, give the monarch immunity from any lawsuit in respect of all things
done or omitted to be done by him and this applies also to any claims made indirectly against
the King.
53
The case in Ontario, Canada, involves a Swazi company called Inchatsavane, which has King
Mswati as its sole shareholder. It is alleged that Inchatsavane owes a company called SG Air
US$3.5 million for the cost of refurbishments made to the Kings private jet. The legal owner
of the jet is Inchatsavane.
The plane has been attached for unpaid debts by the courts in Canada since January 2015.
A Canadian newspaper, Embassy News, reported that lawyers for the Kings company
Inchatsavane claimed in court it was entitled to immunity from the jurisdiction of any
Canadian court under the State Immunity Act.
The newspaper reported the court concluded that the case was about commercial activity
rather than the Kings role as a head of state and was not covered by the Act.
The case is continuing in the Ontario Court of Appeal and the next hearing is scheduled for
11June 2015.
Swazi Kings jet to be released
16 April 2015
The King of Swazilands private luxury jet impounded by a court in Canada in a dispute over
alleged unpaid debts could be released by Saturday (18 April 2015) after the Swazi
Government paid US$3.5 million as a financial guarantee for the King.
The jet has been attached in Ontario, Canada, by a court since January 2015 in a dispute
about unpaid bills for upgrades and modifications to the McDonnell Douglas DC-9 (also
known as an MD-87).
A company called SG Air has taken Inchatsavane, a Swaziland-based company which is
solely-owned by King Mswati III, to court in Canada alleging it owes US$3.5 million for the
work done on the jet.
The jet was attached by the court in Ontario.
The legal case has not finished, but the Ontario Court of Appeal said the jet could be released
if Inchatsavane delivered a letter of credit for US$3.5 million which would be held in trust in
a bank until the court case was concluded.
This guarantee would ensure that if SG Air won the case money would be available to pay
the company the money it was owed.
It is understood that the money has been deposited. However, instead of coming from
Inchatsavane or the King personally, it is understood the money was paid by Swazilands
54
Ministry of Foreign Affairs and International Cooperation. It this proves to be the case it
would mean the people of Swaziland, rather than the King, who rules the kingdom as an
absolute monarch, would be paying the Kings debt should he lose the court case.
Proof of letter of credit needs to be accepted by lawyers in the case before the jet can be
released. Once released, the jet can be flown out of Canada and return to Swaziland. This is
expected to be completed before Saturday.
The case of the unpaid debt returns to the Ontario Court of Appeal on 11 June 2015.
Impounded Kings jet finally released
17 May 2015
King Mswati III of Swazilands private luxury jet, impounded by a court in Canada in a
dispute over alleged unpaid debts, has been released after the Swazi Government paid
US$3.5 million as a financial guarantee for the King.
The money was finally confirmed as deposited on 13 May 2015 after nearly a month of
wrangling. It has not been independently verified but it has been reported that the Swazi
Government, which is broke, had trouble raising the necessary money, which is about E35
million in emalangeni, the Swazi local currency.
To put this sum into context, the European Union gives Swaziland about E20 million a year
to pay school fees for all children in grade one at Swazilands 588primary schools, as part of
the kingdoms free primary education programme.
The plane is believed to have left Canada on Friday (15 May 2015).
The jet had been attached in Ontario, Canada, by a court since January 2015 in a dispute
about unpaid bills for upgrades and modifications to the McDonnell Douglas DC-9 (also
known as an MD-87).
A company called SG Air has taken Inchatsavane, a Swaziland-based company which is
solely-owned by King Mswati III, to court in Canada alleging it owes US$3.5 million for the
work done on the jet.
The jet was attached by the court in Ontario.
The legal case has not finished, but the Ontario Court of Appeal said the jet could be released
if Inchatsavane delivered a letter of credit for US$3.5 million which would be held in trust in
a bank until the court case was concluded.
55
This guarantee would ensure that if SG Air won the case money would be available to pay
the company the money it was owed.
The money has now been deposited. However, instead of coming from Inchatsavane or the
King personally, it is understood the money was paid by Swazilands Ministry of Foreign
Affairs and International Cooperation. It this proves to be the case it would mean the people
of Swaziland, rather than the King, who rules the kingdom as an absolute monarch, would be
paying the Kings debt should he lose the court case.
The case of the unpaid debt returns to the Ontario Court of Appeal on 11 June 2015.
King wins jet case on a technicality
22 June 2015
The company that sued King Mswati III of Swaziland for US$3.5 million in unpaid bills
relating to his luxury private jet has lost its case on a legal technicality.
But, the Appeal Court in Ontario, Canada, said the issue of the unpaid debt could still be
pursued at a different court.
Air Leasing (SG Air) had sued in the Canadian courts under the Repair and Storage Liens
Act. It said it had paid the money for repairs and upgrades to the Kings private jet, a
MacDonnell Douglas DC-9 jet (also known as MD87). It had expected the money to be
repaid by King Mswati, but this did not happen.
The Appeal Court in Ontario in a judgment dated 17 June 2015 decided that SG Air was not
eligible to sue under the Repair and Storage Liens Act because the company was not an
aircraft repairer and it did not undertake the repairs to the jet aircraft itself. The court
accepted that SG Air might have paid the money for other companies to make upgrades to the
jet.
The court said the issue of the unpaid debt was not within its jurisdiction and this would have
to be pursued elsewhere.
The Appeal Court denied a request from King Mswatis lawyers to release a US$3.5 million
letter of credit the Swazi Government was forced to deliver in order to get the jet released
from the custody of the court in May 2015.
The letter will still be held in trust in a bank in case SG Air decides to appeal the decision to
the Canadian Supreme Court.
SG Air has not yet said if it will appeal the decision.
56
5 KING MSWATI III (SIKHUPHE) AIRPORT

Fake stats boost Kings failed airport
27 April 2015
The Swaziland Tourist Authority (STA) falsified statistics on the number of passengers using
the new King Msawati III Airport (KMIII) to make it look a success when it was not.
And, the deception is part of an ongoing mission of misinformation about the success of the
airport that has spanned several year.
Figures for January 2015 were used by Swaziland Civil Aviation Authority (SWACAA),
aided by the Swazi Observer, a newspaper in effect owned by King Mswati, to state that the
airport had defied its critics and was a success.
The STA reported that there were 10,138 passengers departing the airport in January 2015
and 6,592 passengers arriving, making a total of 16,730 passengers.
But these figures were entirely bogus. There are only three flights per day departing the
airport and another three arriving. The airport serves only one route to OR Tambo Airport
in Johannesburg, South Africa. Swaziland Airlink is the only passenger airline that uses the
airport. Airlink uses the Embraer J135 aircraft which has a maximum seating capacity of 50.
If every flight was full a maximum of 150 people per day could depart the airport, which
would make a maximum of 4,500 per month. The 4,500 is only 44 per cent of the numbers of
passengers claimed by STA. The total possible number of passengers either departing or
arriving at the airport could not be more than 9,000 in a month: 53 per cent of the figure
claimed.
No true figure for the actual number of people travelling by plane is available publically but
anecdotal evidence suggests that the planes are rarely much more than two-thirds full, and
often a lot less.
King Mswati III Airport was built in a wilderness in Swaziland on the whim of King Mswati,
who rules as sub-Saharan Africas last absolute monarch. No research was undertaken to
determine the need for the airport.
Critics of the airport argued for years that there was no potential for the airport. Major
airports already existed less than an hours flying time away in South Africa with connecting
routes to Swaziland and there was no reason to suspect passengers would want to use KMIII
airport as an alternative.
During the 11 years it took to build, the airport was called Sikhuphe, but the name was
changed in honour of the King when it officially opened in March 2014.
The airport cost an estimated E2.5 billion (US$250 million) to build.
57
The Observer on Saturday reported at the time of the opening, The King stated unflinchingly
that the airport was not a joke as some pessimists had already hinted that the country does not
need such extravagance. He said the completion and commissioning of the airport had proved
all doubting Thomases wrong.
The newspaper added, One thing was clear throughout the Kings address that he was
extremely passionate about the project and that it was very close to his heart.
When it was opened the international media derided the airport as a white elephant,
meaning it was of little use.
In October 2013 a report from the International Air Transport Association (IATA) said the
airport was widely perceived as a vanity project because of its scale and opulence compared
with the size and nature of the market it seeks to serve.
Since it opened only one commercial passenger airline, Swaziland Airlink, which is partowned by the Swazi Government, has used the Airport. The airline was forced to move from
the Matsapha Airport, even though an independent business analysis predicted the airline
would go out of business as a result.
No other airline has publically said it wanted to use the airport.
Matsapha airport which handled about 70,000 passengers a year is close to Manzini and
Mbabane, the two main cities in Swaziland. The new airport was built in a wilderness about
70km from Mbabane. Once it opened to traffic in September 2014, Matsapha was closed for
commercial business. It is now mainly used by King Mswati when he travels in his private
luxury jet.
SWACAA had said the KMIII airport would attract 300,000 passengers per year (820 per day
on average), raising E7 million (US$700,000) per year in service charges. In the present
situation where only a maximum 300 people could travel per day, the total it could ever hope
to achieve would be 109,500; only 36 percent of the numbers needed for the airport to reach
its target.
The Swazi Observer, which was described as a pure propaganda machine for the royal
family by the Media Institute of Southern Africa in a report on media freedom in the
kingdom, used the bogus figure to talk up the airports supposed success.
The newspaper first reported the figure in its Sunday edition on 12 April 2015 and again in its
daily edition on 21 April 2015.
The newspaper was determined to mislead its readers about the success of the airport. The
Sunday Observer, for example, in a report headlined KMIII Airport surpasses
expectations said, When it started operating, sceptics were of the view that people would
opt to travel by road because of, among other reasons, the distant location of the airport,
58
which is situated about 70 kilometres from Mbabane.

However, passengers going through KMIII International Airport have surpassed the numbers
that were recorded at the Matsapha Airport.
The newspaper quoted SWACAA Marketing and Corporate Affairs Director Sabelo Dlamini
saying, We are noting that the figures are rising and for us, it points to a brighter future in
aviation. It is also an affirmation of the massive work the government of Swaziland has done
over the past five years to do right in the civil aviation industry, in particular the construction
of an airport facility travellers are happy with.
The newspaper reported, Dlamini further noted that the drop in numbers that had been
projected by critics had not happened at all.
There has been a long history of misinformation about the potential for success of the airport.
It was controversial from the moment the construction was announced in 2003. The
International Monetary Fund said the airport should not be built because it would divert funds
away from much needed projects to fight poverty in Swaziland.
Today, about seven in ten of King Mswatis 1.3 million subjects live in abject poverty, with
incomes less than US$2 per day, three in ten are so hungry they are medically diagnosed as
The false promises made about the airport are legion. In November 2013, SWACAA said that
the Swazi Government was ready to recreate the defunct Royal Swazi National Airways
Corporation (RSNAC0) and would set about purchasing a 100-seater jet, at a cost estimated
by the Times of Swaziland of E700 million (US$70 million). This compared to the E125
million budgeted for free primary school education in Swaziland that year. It was never
explained where the money to buy the aircraft would come from.
SWACAA said RSNAC would fly to 10 destinations in Africa and Asia. Observers estimated
RSNAC would probably need a minimum of 10 aircraft to service the routes. For that to
happen, Swaziland would have to spend about E7 billion on aircraft. Such a sum of money
would bankrupt the kingdom. To put the cost in context the Central Bank of Swaziland has
estimated the kingdoms gross official reserves were E8.24 billion at the month ended
November 2013.
The people were regularly misled about the opening date of the airport. At one time the King
confidently announced it would be open in March 2010. Then his Prime Minister Barnabas
Dlamini said it would be ready for the FIFA World Cup in neighbouring South Africa in June
2010, but this deadline came and went. SWACAA continued to issue fresh completion dates
but these were never met.
Bertram Stewart, Principal Secretary in the Ministry of Economic Planning and Development
also misled about the readiness of the airport to open.
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In October 2010, Stewart said the airport would be open by the end of that year, but it was
not. He misled again in February 2011 when he confidently told media the airport would be
completed by June 2011. It was not. He also said a number of top world airlines (that he
declined to name) were negotiating to use the airport, but nothing happened.
He returned to the theme two months later in April 2011 when this time he said the airport
would be open by December 2011.
There has also been constant misinformation about the prospect of airlines choosing to use
the airport.
In October 2009, King Mswati claimed Etihad Airways from the Gulf State of Abu Dhabi
was showing deep interest in using the airport. Nothing has been heard since.
In May 2011, the Swazi Observer reported Sabelo Dlamini saying, We have established
possible routes which we want to market to the operators. Some of the proposed routes from
Sikhuphe are Durban, Cape Town, Lanseria Airport in Sandton, Harare and Mozambique.
In June 2012, he told Swazi media that at least three airlines from different countries had
shown interest in using the airport, but he declined to name them. He remained optimistic
about the prospects for the future and said SWACAA was talking to airlines in other
countries as well.
Then in February 2013 SWACAA Director Solomon Dube told media in Swaziland, We are
talking to some including Kenya Airways, Ethiopian Airline and various Gulf airlines.
In March 2013 SWACAA claimed five airlines had signed deals to use the airport when it
eventually opened, but an investigation by Swazi media Commentary revealed that two of the
airlines named did not exist. It also said Botswana Airways would use the airport, but it has
not.
In October 2013 SWACAA claimed it had targeted small and medium business travellers to
use the airport. It said low-cost airlines were interested in using Sikhuphe for business
travellers who might want to fly to nearby countries on a daily basis.
Now, in April 2015, there are still no prospects of airlines other than Swazi Airlink using the
airport.
See also
AIRPORT MOVE WILL BANKRUPT AIRLINK
PROOF: KINGS AIRPORT POINTLESS
60
U-turn on success of Kings airport

12 May 2015
After claiming last month (April 2015) that Swazilands white elephant King Mswati III
(KMIII) Airport was a huge success and had confounded its critics, an aviation boss in the
kingdom now says it is not doing well because Swazi people are too poor to fly.
The Swazi Observer, a newspaper in effect owned by the King, reported twice in April 2015
that the Swaziland Tourist Authority (STA) said there were 10,138 passengers departing the
airport in January 2015 and 6,592 passengers arriving, making a total of 16,730 passengers. If
these figures were repeated each month of the year, 200,760 passengers would travel through
the airport in a year.
But, Swazi Media Commentary exposed these statistics as entirely bogus. There are only
three flights per day departing the airport and another three arriving. The airport serves only
one route to OR Tambo Airport in Johannesburg, South Africa. Swaziland Airlink is the
only passenger airline that uses the airport. Airlink uses the Embraer J135 aircraft which has
a maximum seating capacity of 50.
If every flight was full a maximum of 150 people per day could depart the airport, which
would make a maximum of 4,500 per month. The 4,500 is only 44 per cent of the numbers of
passengers claimed by STA. The total possible number of passengers either departing or
arriving at the airport could not be more than 9,000 in a month: 53 per cent of the figure
claimed.
Despite the obviously fraudulent figures the Swaziland Civil Aviation Authority (SWACAA)
Marketing and Corporate Affairs Director Sabelo Dlamini said in April 2015, We are noting
that the figures are rising and for us, it points to a brighter future in aviation. It is also an
affirmation of the massive work the government of Swaziland has done over the past five
years to do right in the civil aviation industry, in particular the construction of an airport
facility travellers are happy with.
The newspaper reported, Dlamini further noted that the drop in numbers that had been
projected by critics had not happened at all.
On Tuesday (12 May 2015), the Observer reported SWACAA Director General Solomon
Dube saying only 70,000 people per year used the airport. He did not give any evidence to
support the figures. The 70,000 passengers represent 35 percent of the 200,760 claimed last
month.
SWACAA had previously said the King Mswati Airport, formerly known as Sikhuphe, which
opened in March 2014 would need at least 300,000 passengers a year to break-even.
Dube told the Observer that Swazi people did not fly because they could not afford to. This
should come as no surprise to him since seven in ten of the 1.3 million people in the kingdom
have incomes of less than US$2 per day. He said if more people used the airport air tickets to
61
South Africa could be reduced to E500 (US$50), without stating this would represent about a
months income for most Swazi people.
The Times of Swaziland reported on Tuesday (12 May 2015) Dube also announced that
Egyptair had offered Swaziland a 268-seater aircraft. The newspaper reported him saying,
the main objective of this initiative is to increase airplane passengers by up to 200,000.
The Times reported, Dube said courtesy of well-managed diplomatic relations between the
two States, Swaziland had been offered to utilise services of one of Egyptairs flights to
transport passengers between Swaziland and South Africa for 10 hours a day. He said using
the flight for at least 10 hours a day could translate to about five or seven flights to the
neighbouring republic, on a daily basis.
This claim from Dube is one of a long line of empty promises made about the attractiveness
of the airport.
In November 2013, SWACAA said that the Swazi Government was ready to recreate the
defunct Royal Swazi National Airways Corporation (RSNAC0) and would set about
purchasing a 100-seater jet, at a cost estimated by the Times of Swaziland of E700 million
(US$70 million). This compared to the E125 million budgeted for free primary school
education in Swaziland that year. It was never explained where the money to buy the aircraft
would come from.
SWACAA said RSNAC would fly to 10 destinations in Africa and Asia. Observers estimated
RSNAC would probably need a minimum of 10 aircraft to service the routes. For that to
happen, Swaziland would have to spend about E7 billion on aircraft. Such a sum of money
would bankrupt the kingdom. To put the cost in context the Central Bank of Swaziland has
estimated the kingdoms gross official reserves were E8.24 billion at the month ended
November 2013.
There has also been constant misinformation about the prospect of airlines choosing to use
the airport. In October 2009, King Mswati claimed Etihad Airways from the Gulf State of
Abu Dhabi was showing deep interest in using the airport. Nothing has been heard since.
In May 2011, the Swazi Observer reported Sabelo Dlamini saying, We have established
possible routes which we want to market to the operators. Some of the proposed routes from
Sikhuphe are Durban, Cape Town, Lanseria Airport in Sandton, Harare and Mozambique.
In June 2012, he told Swazi media that at least three airlines from different countries had
shown interest in using the airport, but he declined to name them. He remained optimistic
about the prospects for the future and said SWACAA was talking to airlines in other
countries as well.
Then in February 2013 SWACAA Director General Solomon Dube told media in Swaziland,
We are talking to some including Kenya Airways, Ethiopian Airline and various Gulf
airlines.
62
In March 2013 SWACAA claimed five airlines had signed deals to use the airport when it
eventually opened, but an investigation by Swazi Media Commentary revealed that two of the
airlines named did not exist. It also said Botswana Airways would use the airport, but it has
not.
In October 2013 SWACAA claimed it had targeted small and medium business travellers to
use the airport. It said low-cost airlines were interested in using it for business travellers who
might want to fly to nearby countries on a daily basis.
KMIII Airport was built in a wilderness in Swaziland on the whim of King Mswati, who
rules as sub-Saharan Africas last absolute monarch. No research was undertaken to
determine the need for the airport.
Critics of the airport argued for years that there was no potential for the airport. Major
airports already existed less than an hours flying time away in South Africa with connecting
routes to Swaziland and there was no reason to suspect passengers would want to use KMIII
airport as an alternative.
Kings airport lacks disaster plan
18 May 2015
News that the SADC Aviation Safety Organisation (SASO), which is responsible for
overseeing all safety precautions in the aviation industry, is moving its operations to
Swaziland should raise eyebrows because the kingdom itself has no safety plan in operation
should a plane crash at the King Mswati III Airport.
This lack of a plan was first disclosed publicly as long ago as November 2010, more than
three years before the airport, dubbed King Mswatis vanity project, officially opened.
But nothing has been done to ensure passengers have a chance of surviving a crash on takeoff or landing.
Musa Hlophe, coordinator of the Swaziland Coalition of Concerned Civic Organisations,
writing in his regular column in the Times Sunday, an independent newspaper in the
kingdom, on 28 November 2010, asked what would happen if an aircraft with (say) 400
passengers on board crashed at the airport?
He wrote, Assuming that we expanded our countrys ambulance fleet to 200 and each one
was able to get to Sikhuphe [the original name of the airport]within one hour, how could our
hospitals manage with hundreds of extra patients in one day? The closest hospital will be
Good Shepherd at Siteki which is not exactly state of the art and the nearest major hospitals
are in Manzini and Mbabane. They are already all on their knees, struggling to cope with our
current crises of TB, HIV&AIDS.
Do our hospitals have a plan to cope with maybe 400 foreign people all needing bed spaces
urgently? Do we have enough doctors and nurses trained in accident and emergency and most
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importantly do we have the necessary medicines, equipment and blood for this level of
disaster? In a country that cannot even supply its own citizens with the proper drugs to
prevent a child dying from rabies because of the bite of one dog - I doubt it. I doubt they
could cope with fifty people never mind four hundred.
Sikhuphes business model to attract major foreign passenger carriers is already flawed
because of the competition from four other regional airports within half a days drive Kruger National in Mbombela (Nelspruit), Maputo in Mozambique, King Shaka in Durban
and, of course, OR Tambo in Johannesburg. But what really stands out for me, as someone
who has worked for businesses for a long time, is what little proper risk analysis has gone on
here. Can you imagine an airline that wanted to carry rich western investors and tourists that
would risk the lives of hundreds of its passengers? Can you imagine them ignoring the lack of
medical systems, equipment, personnel or facilities to cope with even a relatively minor crash
that required treatment of only a quarter of their passengers and staff?
If we adapt our medical systems to meet this need, will we take resources away from our
families who are living with and dying from HIV&AIDS? So I ask a question that does not
seem to have been considered in public before. How will the disaster plan for Sikhuphe affect
the provision of health care for the rest of us? Will the health budget be diverted from the
families of our sick and dying to allow for the imagined needs of strangers who will only stay
a few hours in our country? Has Minister Xaba and his team even considered it - have they
thought it through? What do they say to the foreign investors?
The answers to Holphes rhetorical questions were, and remain, No. There is no plan in
operation, nor is there any indication that anyone connected with the organisation of the
airport or the Swazi Government is trying to create one.
Despite this obvious lack of a safety plan, Swaziland Civil Aviation Authority (SWACAA)
Director General Solomon Dube told the Swazi Observer, a newspaper in effect owned by
King Mswati III, the kingdoms absolute monarch, that SASO was moving its operations
from Botswana to Swaziland because, among other reasons, there was continuous
surveillance to make sure that safety precautions were always observed in the aviation
industry.
He also said SASO wanted to ensure that there was severe punishment on any person or
organisation that violated the safety standards in the aviation industry.
On closer inspection it turns out that Swazilands civil aviation record was last audited in
2007 by the International Civil Aviation Organisation (ICAO) - seven years before the new
airport opened. ICAO found that Swaziland was only 16 percent compliant to the ICAO
safety standards.
SASO based its decision to move to Swaziland on the results of this audit.
64
6 KINGS SUPER SOCCER CUP

Call to boycott Kings soccer cup
27 May 2015
Swazi democrats are urging two of South Africas premier soccer teams Kaizer Chiefs and
Orlando Pirates not to take part in a football tournament to honour King Mswati III.
A new tournament which is variously being called the Super Kings Cup or the Kings Super
Cup is due to be played on 18 July 2015 at the Somhlolo National Stadium in Lobamba.
The two Sowetan soccer clubs have announced they will take part in the tournament named
in honour of King Mswati, who rules Swaziland as sub-Saharan Africas last absolute
monarch.
The Swaziland Solidarity Network (SSN), a non-violent pro-democracy group banned in
Swaziland under the Suppression of Terrorism Act, has called on both clubs to withdraw
from the tournament.
In an open letter to Irvin Khoza, Chairman of Orlando Pirates Football Club and Kaizer
Motaung, Executive Director, Kaizer Chiefs Foodball Club, the SSN said, It is clear from the
name of the event that this is not just a sporting event meant to promote goodwill but rather a
political event meant to legitimise a despot who has lost credibility in the eyes of the world
and the country that he rules with an iron fist.
Political parties are banned from contesting elections in Swaziland, the King choses the
government and top judges. Pro-democracy campaigners are jailed, often for more than a
year before coming to trial.
In its letter, SSN said, It has long been widely known in South Africa and beyond that
Swazilands government has no respect for human rights and that the country has no political
freedom. Swaziland is a dictatorship. It continues to evade the international media radar
mainly because the country is so miniscule, with even less prestige internationally.
The country has no democracy at all. All power is vested in the monarchy, which rules by
decree despite the existence of a worthless constitution which was imposed on the citizens ten
years ago. As an absolute monarch the King only delegates his judicial, executive and
legislative powers to powerless institutions which may make one believe that the country is
run like modern state when it is in fact run like the kings personal farm.
While there is no law that explicitly bans the formation and functioning of political parties,
they are effectively rendered useless by the fact that they cannot contest state power as that
power is vested exclusively in the King who appoints the prime minister, deputy prime
minister, all cabinet ministers, a third of parliament, all senior civil servants and members of
the diplomatic corps. As another Kings appointee, the countrys Senate President recently
pointed out, the king is the state.
65
With all this power vested in him, the King of Swaziland has not held back on abusing it to
fulfill his selfish personal greed. This has resulted in him forcing all major investments in the
country to guarantee him and his familys trust fund, Tibiyo, shares in their businesses. As a
result of this he owns virtually half the countrys economy. Despite his hold on so much
personal wealth the King still draws royal emoluments from the state which is over a fifth of
the nations budget.
It is these kleptocratic tendencies which have resulted in the countrys economy growing
sluggishly while the rest of the regions economies make major strides. It is worth pointing
out for example that the country remains the only one in the region with a sole mobile phone
operator, MTN Swaziland, a company that retains its monopoly primarily because the King
has substantial shares in it. All attempts by other companies to break into the market have
been futile. This is perhaps the reason why some mobile phone operators may wish to
sponsor an event like the Super Kings Cup in order to gain favour with the countrys despot.
Human rights abuses in Swaziland are endemic because the people have no government of
their own. At every level of society people are denied basic human rights. Political dissenters
are detained arbitrarily or with spurious charges levelled against them.
Like the Apartheid regime, King Mswatis regime has gone to great lengths to tarnish the
image of those who call for democracy in the country and there are legal instruments that are
used to achieve this end such as the infamous Suppression of Terrorism Act, which gave the
countrys government legal authority to declare any entity as a terrorist organisation. Once
declared terrorist organisations such formations are proscribed and any association with them
results in severe sanction including harsh prison sentences.
It was due to this act that one political activist by the name of Sipho Jele was arrested in 1
May 2010 for merely wearing a T-shirt inscribed with the name of one proscribed entity,
PUDEMO. He never lived to see his day in court as he died in custody possibly from police
torture.
There are other oppressive laws also used to suppress dissent such as the law against
sedition. The president of the same organisation (PUDEMO), Mario Masuku, and the
Secretary General of its youth league, Maxwell Dlamini, were also arrested in 2014 for what
the state claims were seditious statements made at a Workers Day rally.
In the same year their arrest was followed by that of two columnists, Bheki Makhubu and
Thulani Maseko who were charged and later convicted for criticizing the manner in which the
then countrys Chief Justice had handled the detention of a government cars inspector.
They remain behind bars while ironically the Chief Justice and the presiding judge in that
case have been arrested by the countrys authorities for abuse of power and corruption. The
manner in which this arrest was conducted was also flawed as it saw the countrys prime
minister appointing himself the state prosecutor withdrawing and reinstating charges against
those who had been arrested in the states publicity stunt.
66
Political activists are not the only ones denied basic human rights as even those who choose
to shy away from political involvement end up on the wrong end of the countrys suppressive
institutions. Poor Swazis are evicted annually for one reason or another without
compensation from their ancestral lands. All their attempts to seek redress from the courts are
futile as the King is effectively above the law and therefore immune from prosecution or civil
charges.
Campaign to stop Kings Cup spreads
18 June 2015
News of the campaign to stop two top South African football clubs taking part in a
tournament to honour King Mswati III of Swaziland is spreading globally.
South African newspapers, wire services and Internet sites across the world are reporting
opposition to Kaizer Chiefs and Orlando Pirates taking part in the Kings Super Cup in
honour of King Mswati, who rules Swaziland as sub-Saharan Africas last absolute monarch.
The tournament, to be played this year for the first time, is due to take place on 18 July 2015
at the Somhlolo National Stadium in Lobamba.
In Swaziland political parties are barred from taking part in elections, the King chooses the
government and top judges and opposition groups are labelled terrorists under the
Swazi campaigners for democracy said if the two football clubs took part in the tournament it
would be a mockery to the many activists that have died at the hands of the government and
those who are presently languishing in jail for having dared to talk against the atrocities
obtaining in Swaziland.
The Peoples United Democratic Movement (PUDEMO), in a statement that has been
reported by news organisations across the world, said, Almost 70 percent of Swazi citizens
live under the poverty line of less than a dollar a day, while Mswati IIIs preoccupation is
buying private jets, luxury cars and touring the world with his throng of wives at the expense
of the Swazi people.
The statement added, PUDEMO implores the two soccer giants to reconsider their decision
to be involved in a tournament that seeks to put a human face on a government that has made
it its prime occupation to govern the people with fear and dispossession.
The fact that the tournaments namesake is to honour an individual who uses fear and
corruption to accumulate riches which he then uses to further suppress freedoms and curtail
human rights, should be an indicator enough that the good game of soccer is being taken to
the sewers, and this tournament will forever taint the good name of these two soccer giants
for having dared to give credibility to a king who sits executive over cold blooded murder
and the incarceration of innocent citizens.
67
The Communist Party of Swaziland in a statement said the participation of the two football
giants in the tournament undermined the efforts of democrats to isolate the King.
In an open letter to Irvin Khoza, Chairman of Orlando Pirates Football Club and Kaizer
Motaung, Executive Director, Kaizer Chiefs Foodball Club, the Swaziland Solidarity
Network said, It is clear from the name of the event that this is not just a sporting event
meant to promote goodwill but rather a political event meant to legitimise a despot who has
lost credibility in the eyes of the world and the country that he rules with an iron fist.
Swazi Kings Cup ticket prices sky high
25 June 2015
Spectators will be charged E250 (US$25) to attend matches at the tournament set up to
honour King Mswati III of Swaziland at least two weeks income for seven in ten of his
subjects.
The controversial tournament called the Kings Super Cup includes the two giant South
African teams Kaizer Chiefs and Orlando Pirates.
Pro-democracy campaigners have urged the two clubs not to attend the tournament scheduled
for 18 July 2015 because it would be seen as supporting the King who has been criticised
globally for the poor human rights in his kingdom.
Political parties are banned from taking part in elections and the King, who rules as subSaharan Africas last absolute monarch, choses the government and top judges. Groups
advocating democracy are banned under the Suppression of Terrorism Act and people
advocating for reform are jailed.
The tournaments organising committee chairman Zakhele Lukhele said that a special dinner
would be arranged on the eve of the tournament and the price to attend would be E15,000 per
table.
In Swaziland, seven in ten people have incomes of less than US$2 per day.
The announcement was made at the Royal Swazi Spa Convention Centre, Mbabane, on
Wednesday (24 June 2015).
The Supersport website, based in South Africa, reported, The Kings Super Cup is an
initiative of Swazilands King Mswati III. The number one football supporter in this
country, as one guest said it.
A campaign started by pro-democracy activists in Swaziland has been reported by news
organisations globally.
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7 KING MSWATI III: THE REST OF IT

King Mswati is also bogus doctor
25 May 2015
Swazilands Prime Minister Barnabas Dlamini is not the only leader the kingdom to accept a
bogus doctorate King Mswati III has one too.
He got his from Swazilands controversial Limkokwing University in July 2013.
In return, he granted Limkokwing land for the institution to build a permanent site in his
kingdom.
At a ceremony, Limkokwing announced the King would receive his Ph.D doctorate in
human capital development in recognition of the Kings commitment to improving the
lives of the Swazi people.
The announcement was greeted by rapturous applause that lasted several minutes,
according to a report at the time in the Weekend Observer, a newspaper in effect owned by
the King himself.
However, nobody pointed out that Limkokwing did not award doctorates to students in the
usual course of events because it is not really a university. Limkokwing, which is based in
Malaysia, has set up branches in Africa in Lesotho, Botswana and Swaziland. They have all
been attacked for the poor quality of their staff and the inferior courses they offer.
In Swaziland, Limkokwing offers associate degrees, a term invented to disguise the fact that
they are courses inferior to a bachelor degree. Associate degrees are better known in other
educational institutions as diplomas.
In June 2012, after one year of operation Bandile Mkhonta, Head of Human Resource for
Limkokwing in Mbabane, Swaziland, told local media that of 53 professional staff at the
university; only one had a Ph.D doctorate. A Ph.D is often considered by universities to be
the minimum qualification required to be given the rank of senior lecturer.
The Swazi Observer reported Mkhonta saying Limkokwing had fewer Ph.Ds because it was a
non-conventional university whose curriculum was mainly based on practice than theory.
Limkokwing in Swaziland had no staff at professor rank and no record of conducting
scholarly research.
Educational standards at Limkokwing are lower than those at other universities, including the
University of Swaziland. It does not require students to have qualifications in the English
language.
Despite these shortcomings, King Mswati told an audience at Limkokwing the university was
69
providing the kind of degrees that empower Swazi youths and said he strongly believed the
future of Swaziland was effectively being transformed by it.
He did not give details on exactly how this was being achieved.
Nor, did Limkokwing explain what it meant when it spoke of the Kings commitment to
improving the lives of the Swazi people.
King Mswati is sub-Saharan Africas last absolute monarch and rules over a population of
about 1.3 million people and 70 percent of his subjects live in abject poverty, earning less
than US$2 per day. The kingdom has the highest rate of HIV infection in the world.
King Mswati allows no opposition to his rule and all political parties are banned from taking
part in elections. The Swazi parliament is widely considered by democrats to be a sham that
only exists to follow King Mswatis wishes.
Limkokwing has been controversial ever since it opened in Swaziland in May 2011. It
struggled for many years to be allowed to open until King Mswati personally gave his
blessing.
In June 2011, it emerged that the universitys founder Tan Sri Dato Lim Kok Wing had a
meeting with King Mswati and persuaded him that Swaziland needed a new university
and Limkokwing should be it. He persuaded the King to believe that low-level courses in
such subjects as Graphic Designing, TV & Film Production, Architectural Technology,
Advertising, Creative Multimedia, Information Technology, Event Management, Business
Information Technology, Journalism and Media, Public Relations and Business Management,
would help Swaziland which is mainly an agricultural society to prosper.
Once the King gave his support nobody in his kingdom stood in its way. Limkokwing started
in Swaziland illegally because an Act of Parliament is needed to set up a university, but
Limkokwing was allowed to start without parliaments approval.
The cash-strapped government that was seeking ways to save money on higher education at
the kingdoms established University of Swaziland offered Limkokwing US$2 million a year
it could not afford for scholarships for up to 800 students.
Soon after Limkokwing opened, students began protesting that they were not getting their
allowances and there were no text books and too few laptops. There were at least 20 protests,
class boycotts and closures during the first year after it opened. Police used teargas and
rubber bullets against protesting students. One student was shot in the leg.
See also
KING FELL FOR BOGUS UNIVERSITY
LIMKOKWING UNIVERSITY IS ILLEGAL
SWAZILAND PM IS A BOGUS DOCTOR
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King parties, his subjects go hungry

7 June 2015
In Swaziland, where seven in ten of the population live in abject poverty with incomes less
than US$2 per day, and one in three rely on international food aid in any given year, King
Mswati III, the kingdoms autocratic monarch, hosted a birthday party for himself that cost at
least E1.2 million (US$120,000).
According to a report in the Sunday Observer, a newspaper in effect owned by the King, 35
cattle and 1,000 blankets were also presented to the King.
The Kings subjects, through their chiefs, also contributed 69 cattle, two goats and E5,400
cash.
The newspaper reported that the party held on Friday (5 June 2015) was to celebrate the
Kings 47th birthday that took place on 19 April.
The Observer reported, The dinner was indeed a glamorous event that was attended by Her
Majesty the Queen Mother, Emakhosikati, members of the royal family, chiefs, diplomats,
acting Chief Justice Bheki Maphalala, cabinet ministers, members of parliament and advisory
councils.
The newspaper added, With entertainment in the form of music and comedy aplenty, guests
were treated to a three-course meal with wine and J.C Le Roux champagne made available in
all the tables.
But most of the wine and champagne bottles were not opened during the dinner as guests
feared falling victim to drink-driving.
Instead, guests were seen walking out of the immaculately decorated marquee into their
vehicles with the bottles tucked under their arms.
However, those who were not driving were able to down the bottles while enjoying the
sumptuous meal.
The newspaper said the dinner, held at Ebuhleni Royal Residence, was mainly sponsored by
the Indonesian Consular and businessman Kareem Ashraf.
The Observer reported, Besides the E1.2m forked out for the dinner, it was also announced
on the night that the business people had contributed a total amount of around E197,000
towards the main birthday celebrations on April 19. Chiefs from the Hhohho region, it was
announced, contributed 69 cattle, two goats and E5,400 cash for the main celebrations.
Various sponsors also contributed 18 more cattle while four other beasts and eight goats came
from individuals.
71
In a speech, the King told his admirers that God blessed his party. He said, The nation will
recall that during the evening programme (on April 19) we received blessings from God in
the form of rain. It is our traditional belief that when it rains after a national ceremony it
means God is happy with the whole event.
See also
KING PARTIES WHILE CHILDREN DIE
72
8 PRIME MINISTER BARNABAS DLAMINI

Swaziland PM is a bogus doctor
3 May 2015
The Times Sunday newspaper in Swaziland wrote a scare story this week saying that the
curriculum vitae (resume) of the Prime Minister Barnabas Dlamini had been posted online by
a banned pro-democracy organisation called Swaziland Solidarity Network, Canada.
However, it forgot to tell its readers that the CV was uploaded on 12 February 2009.
What the Times on Sunday (3 May 2015) also failed to report was that Prime Minister
Dlamini calls himself a doctor when he has no such qualification. As recently as 26 April
2015 in a letter to the Lesotho Prime Minister he signed himself as Dr.
Rather like the report in the Times Sunday, this is not recent news. Heres an edited version of
a post on the subject that first appeared on Swazi Media Commentary on 10 February 2009.
I see that the Swazi Observer, the newspaper in effect owned by King Mswati III,
Swazilands absolute monarch, has taken to calling Swazilands illegally-appointed Prime
Minister Barnabas Dlamini, Doctor Dlamini.
In the real world a doctor is someone with a recognised medical certification or a person
who has attained the qualification of doctorate (for example a PhD). Barnabas Dlamini falls
into neither of these categories.
Upon closer examination it turns out that Barnabas was given an honorary doctorate from the
state-run, University of Swaziland (Chancellor: King Mswati III). And this will make you
laugh when you remember how during his first term as PM he totally ignored legitimate court
rulings; he was awarded the title doctor of laws.
Honorary doctorates (and lesser degrees) are often awarded by universities to people who
have made extraordinary contributions to society. They are meant as recognition of
achievement, but they are meant to be cosmetic. The holder of an honorary doctorate is not
supposed to pass themselves off as the real thing. Most people who receive such honours
know this: Nelson Mandela had goodness knows how many honorary degrees but he didnt
dream of passing himself off as Doctor Mandela.
Poor Barnabas, not only is he a bogus prime minister (he was never elected), hes also a
bogus doctor.
There is a twist in the tail. Dlaminis doctorate was awarded by the University of
Swaziland, but no student has ever graduated from the university with a doctorate degree.
73
The level of educational achievement at the university is so low that there are doubts that it
should be called a university at all. Consider these statistics: in 2006, 49.7 percent of the
1,370 students who graduated received certificates and diplomas, while 49.3 percent got
bachelor degrees. Hardly anyone studies for graduate qualifications: that year, 14 students
received masters degrees while only 51 students were studying for masters degrees in the
whole university.
Poor Doctor Dlamini, his scroll really isnt worth the paper its printed on.
See also
SWAZI KING APPOINTS ILLEGAL PM
HISTORY CONDEMNS SWAZILAND PM
Swazi PM and the con-man King

7 May 2015
Barnabas Dlamini, the Swaziland Prime Minister, has been derided across social media after
it was revealed he had been passing himself off as a doctor for more than five years when
he had no such qualification.
Dlamini had been given an honorary doctorate from the University of Swaziland, an
institution that does not run doctorate programmes, and where most of its students study for
diplomas that are below bachelor degrees.
This is not the only time the bogus doctor allowed his vanity to get the better of him. In 2010
he accepted an award for being a global humanitarian from an organisation created by a wellknown con-man, Rudy King.
Even though the con was exposed and reported in international media and Dlaimin had been
informed he was being tricked, he still travelled to the Bahamas at the Swazi taxpayers
expense to receive his medal. On his return to Swaziland, he continued to deny that he had
been conned.
It started in September 2010, when the Swazi Government issued a statement to say Dlamini
was to be honoured by the World Citizen Awards (WCA). It said the medal was being given
to the Prime Minister, as a person who has accomplished and made numerous contributions
to mankind. He was also described as a highly respected global figure, whose role in history
has been significant.
WCA described itself as a private- charitable foundation whose main objective is to give
proper recognition through the conferment of awards of excellence and distinction to
individuals or groups worldwide who have distinguished themselves as brilliant exemplars of
society or who contributed toward the attainment of peace and respect for human life and
dignity.
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The media in Swaziland reported the announcement uncritically even though only weeks
earlier Dlamini had been condemned internationally after he said critics of his government
should be tortured by having their feet whipped.
Two months previously in July 2010 Amnesty International issued a special plea for its
supporters to protest about the Dlamini government, because political activists, human rights
defenders and trade unionists in Swaziland were at risk of harassment, ill-treatment and
arrest, as the authorities use draconian counter-terror legislation to investigate a spate of
government-targeted petrol bombings.
Although the media in Swaziland fell for the story, proper journalists elsewhere smelt a rat.
How could someone with Prime Minister Dlaminis history of human rights violations be
considered for a global medal as a humanitarian?
Africa Contact in Denmark and Swazi Media Commentary unearthed the con-trick in a
matter of hours.
They went to the Internet and found the website for WCA. On there they found a list of
trustees who were said to be the backbone of the organisation. Each person listed had a
reputation as advocates for human rights and it seemed odd that they would vote to give
Dlamini a medal.
Each of the trustees was emailed and within hours one of them replied to say he was the
victim of a hoax. It turned out that none of the trustees had ever heard of WCA and certainly
were not supporters.
The globally-respected Associated Press (AP) news agency took up the story and realised that
the WCA was a sham organisation consisting only of a website and an accommodation
address.
Once the AP story hit the Internet, journalists in the Bahamas who knew Rudy King of old
ran reports about his background as a con-artist.
All this was revealed before the award ceremony took place on 2 October 2010. Despite the
overwhelming evidence that he was the victim of a con-trick, Prime Minister Dlamini flew to
the Bahamas and collected his medal.
On his return to Swaziland Dlamini refused to accept he had been conned. He told the Swazi
Senate that the award was legitimate because people of high stature were present with him
at the awards. Among the people of high stature were Ashford and Simpson, a singersongwriter duo who last had a hit in the 1980s.
Dlamini told a news conference, In 2005 he [Rudy King] gave an award to a prince [David],
gave a medal to Prince Guduza in 2007 and to the prime minister in 2008, so what is the
difference now in 2010? His history in Swaziland is rich. This is the fourth medal he has
presented to Swazis but now the focus is on 2010.
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The only difference between 2010 and the previous years was that proper journalists refused
simply to rewrite the Prime Ministers press releases and instead did their job. Rudy King had
conned them all.
To this day, Prime Minister Dlamini probably thinks he is considered as a highly respected
global figure, whose role in history has been significant. Rudy King probably does not care.
After he finished conning the vain Prime Minister he moved on.
In August 2014 the Nassau Guardian, a newspaper in the Bahamas reported Rudy King was
up to his old tricks. This time The King Global Humanitarian Foundation and an outfit he
called Celebrating Women International (CWI) claimed to be raising funds for HIV and
AIDS causes when it was not.
The newspaper reported CWI had been soliciting women from across The Bahamas to
receive awards for their contributions to society.
The newspaper added King had been indicted twice in the United States on fraud charges.
Swazi PMs land scam resurfaces
15 May 2015
News that a company which has the Swaziland Prime Minister Barnabas Dlamini as a
director has sold land it bought from the Swazi Government for E93,120 in 2005 to a public
enterprise for E7.5 million will rekindle memories of another great land scam he was
involved in.
The Times Sunday reported (10 May 2015) that Fusini Investments (Proprietary) Limited,
directed by the Prime Minister and two others, bought land for E93,120 from government in
2005, which had now generated a profit of E7.4 million (US$740,000): a profit of more than
800 percent.
The PMs company sold the land to the Public Service Pension Fund (PSPF), a public
organisation that was established in 1993 for the management and administration of pensions
for government (public sector) employees.
Prime Minister Dlamini has a history of involvement in dodgy land deals. In 2011 he and
others escaped scrutiny on land deals after the direct intervention of King Mswati III, the
absolute monarch who rules Swaziland and who hand-picked Dlamini to be his Prime
Minister.
They had bought Swazi nation land for themselves at what a select committee report later
called ridiculously cheap prices and tantamount to theft of State property.
In late December 2010 it was revealed that Dlamini, his deputy, and four cabinet ministers
were at the centre of a land purchase scandal.
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Dlamini, who had recently claimed to be determined to stamp out corruption in the kingdom,
was allowed to buy government-controlled land at half price, netting himself a E304,000
(US$43,000) saving. Themba Masuku, the Deputy PM and four ministers each received
discounts of between 30 and 50 percent on their purchases. None of these people were elected
to the Swazi Parliament all were appointed by the King.
The politicians were allowed to purchase the so-called crown land (which is owned by the
King on behalf of the Swazi nation) in the Swazi capital Mbabane without having to compete
with other would-be buyers. They were given the land at below market value, in effect
cheating the Swazi people out of the money.
Two of the ministers who took advantage of this scam were members of the Swazi Royal
Family, which is headed by King Mswati, sub-Saharan Africas last absolute monarch.
The ministers involved were Minister of Natural Resources and Energy, Princess Tsandzile;
Minister of Economic Planning and Development, Prince Hlangusemphi; Minister of Home
Affairs, Chief Mgwagwa Gamedze; and the Minister of Agriculture, Clement Dlamini.
The Times of Swaziland, the kingdoms only independent daily newspaper, reported at the
time that the Prime Minister made the biggest killing. He was allocated a portion of land
measuring 6,084 square metres. He paid E304,000 for the land after it was discounted from
the initial price of E608,000. Effectively, he was granted a 50 percent discount.
In total the land was sold at about E1 million less than it was worth, the Times estimated.
Former government ministers also benefited from the land purchase scandal. They included
two members of the Swazi Royal Family. Prince David received a 50 percent discount on
land worth E97,000 allocated to him. Prince Mbilini also received land, but the exact details
of his windfall were not known, the Times reported.
It was believed that at least nine former ministers were also given land at discounted prices.
It later emerged that the Swazi Cabinet, which was hand-picked by the King, approved the
land purchase. This, in effect, meant they approved a plan that allowed themselves to save
hundreds of thousands of emalengeni on the land scam.
It was later revealed that the Prime Minister and his cronies were not eligible for discounts on
the land because such discounts were only available to poor people. In Swaziland seven in ten
people have incomes of less than US$2 per day.
Prince Guduza, Speaker of the Swaziland House of Assembly, rebuked Barnabas Dlamini,
the Prime Minister, for interference of the highest order, after the Swazi Parliament decided
to set up a seven-member select committee to investigate the land deals and he called MPs in
to see him one-by-one to try to get them on his side.
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The whole land deal scandal reached a climax in May 2011 when Dlamini took Prince
Guduza, the Speaker of the House of Assembly, to court to stop a debate about the PMs
irregular land deals taking place.
He succeeded in getting a High Court order to stop parliament debating the land issue and
publication of a select committee report into the affair. The House of Assembly ignored the
court and debated anyway.
The select committee report described the conduct of Lindiwe Dlamini, Minister of Housing
and Urban Development, in the deals as corrupt and treasonous.
The report stated that the authority for land deals was unconstitutionally taken away from the
Kings Office, by Lindiwe Dlamini.
The act of the minister was not only unconstitutional but also seriously undermined the
authority and sovereignty of the office of the Ingwenyama [the King] and was therefore
treasonous, the report stated.
The report made more than 20 findings, including:
That the Minister for Housing and Urban Development [Lindiwe Dlamini] acted
unconstitutionally and with total disregard of the Crown Land Disposal regulations of 2003,
which were promulgated in line with the provisions of the Crown Land Disposal Act of 1911
That the cabinet ministers concerned used their positions to gain unfair advantage over other
Swazis who had applied for the land many years ago, by-passing the Crown Land Disposal
Committee in the process.
The Prime Minister and the Minister for Natural Resources and Energy [Princess Tsandzile]
bought the land at ridiculously low prices. The most disturbing aspect is that the Prime
Minister was awarded the certificate to develop his portion and designs approved without
having paid for the plot and records show that he only did so on February, 22 2011, long after
the Select Committee was appointed.
That the current administration has no respect for the constitution, as there are many laws that
deal with land issues and until now they have not been aligned with the constitution.
That the Attorney General was never consulted on this land deal.
That the allocation of land to ministers through a cabinet decision was unlawful and it
smacks of an element of personal aggrandisement since such action is not supported by any
legal instrument. Receiving a housing allowance on the one hand and on the other hand
apportioning crown land to oneself, is tantamount to theft of State property.
That, as a custodian of State assets and property, by virtue of its position in government,
cabinet had no legal right to take a collective decision on the allocation of land to ministers,
even worse, that in the process it violated the Constitution, 2005.
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In June 2011, King Mswati confirmed his status as an absolute monarch when he ordered the
House of Assembly and the Senate to stop discussing the land scandal. He said he would
decide what would happen to the land.
The Kings decision to intervene was kept private and the media were excluded from a joint
meeting of the House of Assembly and Senate at which the Kings dictate was given.
Dlamini then instructed the media in Swaziland to stop discussing the land deal. He said, His
Majesty said the issue should be put to rest. It means the matter has been concluded because
the Kings word is a command and the law. I take it that it is over and I hope journalists will
take it as having been concluded.
There is no need for journalists to keep bringing this matter up and spicing it. It has to be
taken out of the news,
Parliament was informed by both its presiding officers (Speaker Prince Guduza and Senate
President Gelane Zwane) that the King had ordered the PM to withdraw his court action
regarding the land issue and that the land in question would be returned to government
ownership.
See also
SWAZILAND PM IN LAND SALE SCANDAL
MPs ATTACK LAND-SCAM MINISTER
PM SAYS GOD SUPPORTS LAND SCAM
CABINET APPROVED ITS LAND SCAM
PM STOLE FROM POOR IN LAND SCAM
LAND-SCAM PM DECIDES HES INNOCENT
SWAZI PM UNDER THE COSH
SWAZI PM FACES NO-CONFIDENCE VOTE
SWAZILANDS BULLY PM MUST GO
LAND SCAM: TREASONOUS AND CORRUPT
KING SHOWS HE IS ABSOLUTE MONARCH
PM ORDERS MEDIA SILENCE ON LAND SCAM
79
9 IMPRISONED JOURNALISTS
Support for jailed lawyer amazing
11 April 2015
Tanele Maseko, the wife of the human rights lawyer Thulani Maseko, jailed in Swaziland for
writing articles critical of the Swazi judiciary, has said she is amazed at the support he has
received from the international community.
Maseko was jailed for two years alongside Bheki Makhubu, the editor of the Nation, a smallcirculation monthly magazine in Swaziland. Both men were found guilty of contempt of
court.
Tanele Maseko wrote on the website of Amnesty International, I greatly appreciate the
support of the international community. The fact that I know that there are people who are
working on my husbands case around the clock is really amazing. Thulani calls all these
people angels from humanity.
He keeps on saying to me, I dont care what this system will do, I know I have angels who
are supporting me. I know that God has sent these angels to work on my case. It is an
honour it really humbles us to know that the world is watching, that the world is supporting
in any way whatsoever.
Protests over the jailing came from all over the world. The pair were arrested and jailed on
remand in March 2014 and then sentenced to two years prison in July 2014. Maseko was
placed in solitary confinement at Big Bend Prison, Lubombo, in March 2015 after a letter he
wrote thanking his supporters was widely circulated on the Internet.
Tanele Maseko wrote, Thulani is everything to everyone. Even besides ourselves, he helps
out with his family, the extended family, and he even finances a small football club. He
goes around the community teaching people about their fundamental rights and the
constitution. He does a lot of work for different Swazis around Swaziland. Hes such an
amazing man.
We have been married for seven years now seven years and going strong. Before he was
arrested, we had a number of plans. His law firm was growing well and he was also trying to
build up Lawyers for Human Rights, Swaziland, an institution that he co-founded. Thulani
was a human rights activist, but I didnt mind that because I knew he was doing that for all
Swazis and sacrificing his family time to help others as well.
See also
JAILED WRITER IN SOLITARY CONFINEMENT
SWAZI JOURNALISTS PRISON LETTER
SUPPORT FOR JAILED SWAZI JOURNALISTS
80
Jailed democrats now in isolation

2 May 2015
Two leaders of Swazilands democracy movement Mario Masuku and Maxwell Dlamini who
have been in prison for a year awaiting trial on sedition charges have been placed in isolation.
The Peoples United Democratic Movement (PUDEMO), one of the best-known prodemocracy groups in the kingdom, reported that an order was made by Correctional Services
Commissioner General Mzuthini Ntshangase.
Masuku is President of PUDEMO and Dlamini is Secretary-General of SWAYOCO,
PUDEMOs youth wing. Dlamini is reportedly on hunger strike in protest.
PUDEMO said in a statement issued Friday (1 May 2015), the pair were placed in isolation
for no apparent reason.
It said, Presently the two political activists have to contend with being accommodated in a
block that is supposed to accommodate a group of 40, but it is only the two of them that have
to contend with the dingy block with faulty plumbing that they have to wait for at least an
hour to fill a cup of water in order to have a drink.
The directive that the political activists should be isolated was issued yesterday 30 April
2015, and since then, they have had to answer the call of nature in buckets between 4pm and
8am in the morning. SWAYOCO Secretary General Dlamini has since engaged in a hunger
strike to protest the ill treatment.
PUDEMO reported that on 1 May 2015 one of Dlaminis relatives who visited the Zakhele
Remand Centre to deliver medicine was turned away.
PUDEMO described their treatment as nothing but a form of torture in order to break the
spirits of these two gallant political activists.
Meanwhile, Masukus son Mzwandile Masuku, writing for Amnesty International on Friday
(1 May 2015) before news of his fathers latest condition was known, said, My father is a
diabetic. And he is not a young man. His continued incarceration aggravates his medical
condition. We have struggled to keep him monitored and ensure that his doctors
recommendations are adhered to. Sometimes, the prison doesnt give him his medication
because it is not in stock, but when we buy it and take it to the prison we are turned away.
There are so many restrictions and conditions in prison. I guess they are meant to break
down the inmates but also to discourage our visits. When we visit my father we are made to
wait, sometimes for up to an hour and a half, and then we are only allowed to see him for five
minutes at most. But I have learnt to brace myself for these restrictions. It is disheartening to
see prison visitors who arrive after me being allowed in while I wait my turn.
Regardless of our right to privacy of family communication, the visit is supervised by three
correctional officers. One of the three takes minutes of our conversation word for word.
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Once, the senior officer requested that I speak slowly so the recording officer had time to take
notes. I lost my cool and told him I would not do so. This angered the officer who then
threatened to bar me from visiting the institution. That unfortunate argument also cut into my
precious five minutes with my father.
Amnesty International said in a statement, The prison authorities continue to deny Mario
Masuku access to the specialised medical care that he needs. Mario and Maxwell Dlamini
have twice been denied bail during the year since their arrest. The appeal against their denial
of bail was due to be heard in the Swaziland Supreme Court on 5 May 2015, however as a
result of a judicial crisis in the country, the sitting of the Supreme Court has been postponed
indefinitely.
PUDEMO, along with all other organisations that are advocating for democracy in
Swaziland, has been banned under the Suppression of Terrorism Act. King Mswati III rules
Swaziland as sub-Saharan Africas last absolute monarch. Political parties are banned from
taking part in elections.
See also
SON OF JAILED POLITICAL LEADER SPEAKS
Jailed writer to go to High Court

11 May 2015
Swaziland human rights lawyer and journalist Thulani Maseko who was placed in solitary
confinement in jail after a letter he had written circulated on the Internet has filed an
application in the Swazi High Court to have the decision declared unconstitutional.
Maseko with Bheki Makhubu is serving two years in jail for contempt of court for writing
and publishing articles in the Nation magazine in Swaziland critical of the kingdoms
judiciary.
In March 2015, on the first anniversary of his imprisonment a letter written in jail by Maseko
was published on the Internet.
As a result he was placed in solitary confinement for 21 days.
In an affidavit, Maseko stated the decision condemning him to solitary confinement was
unconstitutional because it was taken without giving him a fair trial and adequate opportunity
to be heard.
The statement added, No witnesses were led to show and prove the commission of the
alleged offence. The letter which was alleged I wrote was never produced and tendered as
evidence by the prosecutor before and to the inquiry tribunal.
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It added, In finding me guilty and sentencing me to solitary confinement, the tribunal,

therefore, solely relied on the verbal submissions of the prosecutor.
No date has been announced for the High Court hearing.
Free political prisoners: Euro MPs
21 May 2015
The European Parliament has voted for the release of all political prisoners in Swaziland.
It also called for the kingdom, ruled by King Mswati III as an absolute monarch, to be
monitored for its human rights record.
Members of the European Parliament (MEP) meeting in plenary session on Thursday (21
May 2015) called for the immediate release of Thulani Maseko and Bheki Makhubu from jail
in Swaziland. Maseko, a human-rights lawyer, and Makhubu, editor of the Nation magazine
were jailed for two years after writing and publishing articles critical of the Swazi judiciary.
MEPs said their imprisonment relates directly to the legitimate exercise of their right to
freedom of expression.
They also called for the release of all political prisoners, including Mario Masuku, President
of the Peoples United Democratic Movement (PUDEMO), and Maxwell Dlamini, SecretaryGeneral of the Swaziland Youth Congress (SWAYOCO).
A statement issued by the European Parliament said, Parliament considers the imprisonment
of political activists and the banning of trade unions to be in clear contravention of
commitments made by Swaziland under the Cotonou Agreement to respect democracy, the
rule of law and human rights, and also under the sustainable development chapter of the
Southern African Development Community (SADC) Economic Partnership Agreement, for
which Parliaments support will depend on respect for the commitments made.
It calls, therefore, on the Commission to honour its obligation to monitor Swazilands
adherence to human rights and to labour and environmental conventions under the
Generalised System of Preferences (GSP), and to open an investigation to determine whether
there has been a serious and systematic violation of the labour rights protected under the
GSP.
The resolution was passed by 579 votes to six, with 58 abstentions.
Govt accuses EU of political rape
25 May 2015
Percy Simelane, the official spokesperson for the Swazi Government, has described the
European Parliaments call for political prisoners in Swaziland to be freed as political rape.
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Simelane said the European Union had no business interfering in the internal affairs of
Swaziland and likened the European parliament to a street mob.
King Mswati III rules Swaziland as sub-Saharan Africas last absolute monarch, political
parties are banned from taking part in elections and the King chooses the government and the
top judiciary. Pro-democracy campaigners currently languish in prison, many on remand
awaiting trial for more than a year, under the kingdoms Suppression of Terrorism Act.
Members of the European Parliament (MEP) meeting in plenary session on Thursday (21
May 2015) called for the immediate release of Thulani Maseko and Bheki Makhubu from jail
in Swaziland. Maseko, a human-rights lawyer, and Makhubu, editor of the Nation magazine
were jailed for two years after writing and publishing articles critical of the Swazi judiciary.
MEPs said their imprisonment relates directly to the legitimate exercise of their right to
freedom of expression.
A statement issued by the European Parliament said, Parliament considers the imprisonment
of political activists and the banning of trade unions to be in clear contravention of
commitments made by Swaziland under the Cotonou Agreement to respect democracy, the
rule of law and human rights, and also under the sustainable development chapter of the
Southern African Development Community (SADC) Economic Partnership Agreement, for
which Parliaments support will depend on respect for the commitments made.
The Times Sunday, an independent newspaper in Swaziland, reported on 24 May 2015, In
response to the resolution, Government spokesperson Percy Simelane said they had no
reasons to entertain calls for political rape on the country.
The Times reported that Simelane said in a text message to the newspaper that the kingdom
had the potency to correct or sort themselves out without any pressure from street mobs.
UN group calls for writers release
10 June 2015
The United Nations Working Group on Arbitrary Detention (UNWGAD) has joined other
international bodies in calling for the immediate release from jail of the Swazi human rights
lawyer and writer Thulani Maseko.
Last month (May 2015), the European Parliament made a similar declaration, joining human
rights organisations across the globe.
In a statement issued on Wednesday (10 June 2015), the International Commission of Jurists
(ICJ) welcomed the opinion by The United Nations Working Group on Arbitrary Detention
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(UNWGAD) which condemned as arbitrary the detention of Maseko and also called on the
Swaziland Government to release him immediately.
UNWGAD acted after a petition from the ICJ, the law firm Hogan Lovells US LLPS and the
American Bar Association Center for Human Rights.
UNWGAD affirmed that the Swaziland governments detention of Maseko was unlawful and
that his rights to freedom of expression, liberty, and to a fair trial had been violated.
In addition to his immediate release, the UNWGAD said he should be paid adequate
compensation, enforceable by law.
Maseko was jailed for two years for contempt of court along with Bheki Makhubu, editor of
the Nation, a small circulation monthly comment magazine in Swaziland, where King Mswati
III rules as sub-Saharan Africas last absolute monarch, after they wrote and published
articles critical of the Swazi judiciary.
Arnold Tsunga, Director of ICJs Africa Regional Programme, said in a statement, This
opinion by the WGAD is important not only because it advances Thulani Masekos quest for
justice, but also because of the message it sends to the Swazi Government and judiciary that
they are responsible for guaranteeing basic rule of law and human rights principles.
We call on the Government to execute the opinion of the UNWAD and immediately release
Thulani Maseko and afford him reparation for his arbitrary detention.
In its opinion taken during its 72nd session between 20 and 29 April 2015, the UNWGAD
determined that the detention of Maseko was arbitrary because it had been carried out in
violation of his right to freedom of opinion and expression and as a result of numerous fair
trial violations, including by judicial officials.
The UNWGAD concluded that Chief Justice Michael Ramodibedi and High Court Judge
Mpendulo Simelane, the judges ordering (and re-ordering) Masekos detention who were also
involved in the conduct of the trial had not conducted themselves impartially.
Their conduct resulted in Masekos denial of a fair trial before an independent and impartial
court as required under international law and standards, UNWGAD said.
The UNWGAD also found violations of a number of other fair trial rights, including the
denial of Masekos right to legal assistance.
On 21 May 2015 Members of the European Parliament meeting in plenary session called for
the immediate release of Maseko and Makhubu. They said, [T]heir imprisonment relates
directly to the legitimate exercise of their right to freedom of expression.
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Supreme Court frees jailed writers

30 June 2015
Swazilands Supreme Court on Tuesday (30 June 2015) ordered the release of magazine
editor Bheki Makhubu and Thulani Maseko, a human rights lawyer, who had been jailed for
two years for writing and publishing magazine articles critical of the Swazi judiciary.
The Supreme Court said the jailing by the Swazi High Court was unsupportable. The pair had
been in jail since March 2014.
The decision follows a massive international campaign to have Makhubu and Maseko
released that included the United Nations and the European Parliament. Amnesty
International had named the two men prisoners of conscience.
The Supreme Court upheld their appeal against their convictions in the High Court last year
on two charges of contempt of court and their two-year prison sentences, and ordered their
immediate release from prison. The two had written and published articles that appeared in
the Nation magazine, a tiny-circulation monthly magazine that circulates in Swaziland.
Media are mostly state-controlled or in effect owned by King Mswati III, who rules
Swaziland as sub-Saharan Africas last absolute monarch.
The articles had been critical of the Swazi judiciary in particular and the then Chief Justice
Michael Ramodibedi.
Ramodibedi was sacked from his post on 17 June 2015 after a Judicial Service Commission
hearing found him guilty of abuse of power. Ramodibedi left Swaziland for his home
country of Lesotho. A warrant for his arrest has been issued in Swaziland.
The two mens criminal trial in the Swazi High Court was presided over by Judge Mpendulo
Simelane, who has since been charged with corruption and defeating the ends of justice.
South Africas Independent on Line reported that at the Swazi Supreme Court the State had
indicated that it was not opposing the appeal against conviction and sentence as the
Directorate of Public Prosecutions believed that the convictions were unsupportable and that
Judge Simelane should have recused himself from the case at the start of the trial.
Caroline James, a freedom of expression lawyer at the Southern Africa Litigation Centre,
which has been supporting Makhubu and Masekos legal fight, said, The Crowns
concession that grave errors were made during the trial is a vindication for Maseko and
Makhubu. The recognition by the prosecution and the court that the role of the prosecution is
to prosecute and not persecute is extremely welcome in Swaziland where the law has been
applied at the whim of individuals in the recent past.
The New York-based Committee to Protect Journalists, which was one of the organisations
from across the world that protested the sentences, welcomed the release and said the
prosecutions had been vindictive from the start.
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10 WORKERS RIGHTS
Unions call to end Swazi repression
20 May 2015
An international delegation of union leaders traveling in Swaziland is calling on the
government to guarantee the rights of workers to freely form unions and exercise freedom of
speech and assembly, and says repressive legislation used by police against union activities
still has not been addressed by Parliament, even as the government continues to imprison
human rights activists for exercising their right to freedom of speech, writes Tula Connell at
Solidarity Center.
Led by Wellington Chibebe, International Trade Union Confederation (ITUC) deputy general
secretary, the fact-finding group is looking into the ongoing government repression directed
at Swazi union leaders and human rights proponents, and plans to issue a report to the ITUC
and to several members of the European Parliament by the end of May.
Just days before the delegation arrived on May 14 2015, the Swaziland government
announced it had registered the Trade Union Congress of Swaziland (TUCOSWA), an action
it has refused to take for the past three years.
But delegation members say they are not celebrating the action because the government did
not do more than it was supposed to do, says Jos Williams, president of the AFL-CIO
Metropolitan Washington Labor Council, speaking from Swaziland. We do not see that as a
victory of any kind. Williams is among a six-member delegation that includes a
representative from the Congress of South Africa Trade Unions (COSATU).
In fact, two days after the government announced TUCOSWAs official registration, police
massed outside a meeting of TUCOSWA affiliates in a show of force, according to
TUCOSWA Secretary-General Vincent Ncongwane.
All that has been told (by the government) to the world is just playing to the public gallery,
Ncongwane says, while the reality of repression in a monarchical government that outlaws
political parties continues. Twice this year, police have broken up TUCOSWA union
meetings, injuring a union leader in the process. On May Day, brave union members held
rallies despite a government ban on public gatherings.
The ITUC is demanding the government repeal anti-terrorism laws that enable it to imprison
union leaders and others who call for democracy; provide full recognition of union activities
in accordance with international laws; and support freedom of speech, assembly and
association.
The government must meet the demands the ITUC delegation has made if the ITUC is to
give a favorable report by the end of the month, Williams says. From my standpoint, the
actions of the government have not been very encouraging. Yes, they have recognized the
union, but regarding the other demands we made, there has been no response.
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Delegation members also sought to visit political prisoners, some of whom have been held
for two years. So far, says Williams, they have gotten the run-around in efforts to see our
comrades in jail and look at the conditions. (You can sign a LaborStart petition demanding
their release. If you Tweet, use the hashtag #SwaziJustice.)
In June 2014, the U.S. government took the rare step of suspending African Growth and
Opportunity Act (AGOA) trade benefits for Swaziland, citing the Swazi governments
systematic violations of fundamental worker rights, including refusal to legally recognize
TUCOSWA. In addition, the 2014 U.S. State Department human rights report cited serious
human rights violations in Swaziland, including arbitrary or unlawful killings by the
government or its agents and severely restricted freedom of assembly, including violence
against protestors.
Given the level of harassment and repression, Williams says he came here seeking to
encourage union leaders, but instead found that they are standing tall in the face of
adversity.
It is rewarding to me as a trade unionist to have drawn strength from these individuals.
Kingdom in top ten worst for workers
10 June 2015
Swaziland has been named as one of the ten worst countries for working people in the world,
in a new report from the International Trade Union Confederation (ITUC).
The kingdom, ruled by King Mswati III, the last absolute monarch in sub-Saharan Africa, is
grouped alongside some of the worst human rights violators on the planet, including Belarus,
China, Colombia, Egypt, Guatemala, Pakistan, Qatar, Saudi Arabia and United Arab
Emirates.
The report called The Worlds Worst Countries for Workers, reviewed the conditions
workers faced during the past year.
Among the worst cases in Swaziland the ITUC reported on the strike at the Maloma Mine
which is partly owned by King Mswati.
It reported, Some 250 workers went on strike on 24 November [2014], after the mine
management refused to negotiate over a US$72 housing allowance with the Amalgamated
Trade Unions of Swaziland (ATUSWA). All legal requirements were observed by the
striking workers, and even though the strike was peaceful, the workers were surrounded by
police equipped with riot shields, protective headgear, guns and teargas.
During the strike, management refused the workers access to water, toilets and medical
facilities. Chancellor House, the investment arm of the ANC, owns 75% of the Maloma mine,
with the remaining 25% owned by the Tibiyo Taka Ngwane, a fund controlled by King
Mswati III, who is one of the worlds last remaining absolute monarchs.
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ITUC also reported that the Swazi Prime Minister Barnabas Dlamini, publicly threatened
Sipho Gumedze from the Lawyers for Human Rights and TUCOSWA [Trade Union
Congress of Swaziland] General Secretary Vincent Ncongwane because of their participation
in the US Africa Leaders Summit in Washington DC.
Prime Minister Dlamini made the following statement during a speech in Parliament: They
leave your constituencies and do not even inform you where they are going and once they
come back and you find out that they are from your constituency you must strangle them.
Here are some other extracts from the ITUC report on Swaziland.
Suppression of Terrorism Act used to stop trade union activities: Police use the
Suppression of Terrorism Act to legitimise interference in trade union activities. For example,
the Act was used in May 2014 to arrest and charge activists who spoke at TUCOSWAs May
Day celebration, including student leaders Maxwell Dlamini and Mario Masuku. Both
activists remain in jail and have been refused bail.
The Suppression of Terrorism Act defines terrorism extremely broadly as an act that
involves prejudice to national security or public safetyand is intended, or by its nature and
context, may reasonably be regarded as being intended to intimidate the public or a section of
the public; or compel the Governmentto do, or refrain from doing, any act.
The terms national security and public safety are not themselves defined, leaving them
open to wide and potentially subjective interpretation. Not only are these concepts capable of
broad, subjective interpretation but, in addition, the element of intention is not required.
Moreover, the act affords the Minister absolute discretion over the classification of
organisations as terrorist without making this decision subject to judicial review.
Thulani Maseko and Bheki Makhubu imprisoned: Human rights lawyer Thulani Maseko
and the Nation Magazine editor Bheki Makhubu were arrested on 17 March 2014 and 18
March 2014 respectively for writing articles about the circumstances surrounding the arrest of
government vehicle inspector Bhantshana Gwebu and the integrity, impartiality and
independence of the Swaziland judiciary. The legality of the arrest, detention and charges
was successfully challenged before the High Court, resulting in their release from custody for
two days. However, they were rearrested and detained when the State appealed the ruling and
are therefore again in custody.
While Thulani Maseko and Bheki Makhubu were charged with contempt of court, the
judge convicted them to two years imprisonment instead of the ordinary 30-day sentence on
25 July 2014. Judge Mpendulo Simelane argued that seriousness of their crimes, their moral
blameworthiness and their lack of remorse or regret justify lengthy sentences of
imprisonment.
Police interfered in a peaceful protest: Police interfered in a peaceful protest march
organised by TUCOSWA and attended by broader civil society groups against the Kings
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Proclamation of 1973 and its impact on freedom of association and civil liberties. The Kings
Proclamation was decreed on 12 April 1973 and vested the King Sobhuza II with absolute
powers and at the same time criminalised political parties and similar bodies.
I, Sobhuza II, king of Swaziland hereby declare that, in collaboration with my cabinet
ministers and supported by the whole nation I have assumed supreme power in the kingdom
of Swaziland and that all legislative, executive and judicial power is vested in myself and
shall, for the meantime, be exercised in collaboration with a council constituted by my
cabinet ministers. I further declare that, to ensure the continued maintenance of peace, order
and good government, my armed forces in conjunction with the Swaziland royal police have
been posted to all strategic places and have taken charge of all government and all public
services [] Political parties and similar bodies that cultivate and bring about disturbances
and ill-feelings within the nation are prohibited.
TUCOSWA requested permission to hold a march but on 4 April 2014 the Manzini
Municipal Council denied the federation permission by stating that April 12 is one most
contentious date on which peace and stability in the country is threatened.
The march was intended to proceed from Jubilee Park to St Theresa Hall in Manzini on 12
April 2014. Vincent V. Ncongwane, TUCOSWA General Secretary, and Sipho Kunene,
TUCOSWA Deputy President, were arrested at a security roadblock mounted at Mhlaleni in
Manzini on 12 April. They were detained at the Manzini police headquarters and were denied
access to legal representation. Vincent Ncongwane was transferred to the Mafutseni police
station 20 kilometers from Manzini. The police further arrested other groups of workers at all
the various security checkpoints mounted on the roadblocks leading to Manzini, detained and
later dropped them off in remote places with some having to travel long distances on foot at
night to get to the nearest public road.
Amongst them were the President of the National Public Services and Allied Workers
Union, Quinton Dlamini, and the General Secretary of the Private and Public, Transport
Workers Union, Bheki Dludlu.
Imprisonment: Mario Masuku, President of PUDEMO, and Maxwell Dlamini, Secretary
General of the Swaziland Youth Congress were arrested and charged under the Suppression
of Terrorism Act (2008) after delivering a speech during the 2014 May Day celebrations
organised by TUCOSWA.
In their speeches, Mr Masuku and Mr Dlamini addressed questions with respect to the socioeconomic governance of the country and chanted the slogans Viva PUDEMO and We
dont want this system, we dont want this system. Now, they may be facing up to 15 years
of hard labour in prison, if they are found guilty.
More than one year has passed since their arrest but a verdict has still not been delivered.
Their application for bail was denied twice even though Mr Masuku is 65 years old, suffers
from diabetes and caught pneumonia during his time in detention. Mr Dlamini, who is a
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student at the University of Swaziland, has been deprived from his right to education as a
result of the prolonged detention.
See also
LEGAL CHALLENGE TO SWAZI TERROR LAW
ILO urges Swazi workers reform

13 June 2015
Less than a week after Swaziland was reported to be among the top ten worst nations in the
world for workers rights, the International Labour Organization (ILO) has told Swaziland it
must stop interfering in the activities of trade unions; ensure workers organizations are fully
assured of their rights and ensure they have the autonomy and independence they need to
represent workers.
The ILO also joined other respected international organizations in calling for the immediate
release of jailed lawyer and writer Thulani Maseko, who is serving a two-year jail sentence,
some of it in solitary confinement, after writing magazine articles critical of the Swazi
judiciary.
The ILO has placed Swaziland in a special paragraph in its report to highlight the
deficiencies in the kingdoms commitment to freedom of association.
Swaziland is ruled by King Mswati III, sub-Saharan Africas last absolute monarch. Political
parties are banned from taking part in elections and the King selects the government and top
judges. People, including trade unionists, who speak in favour of democratic reform are
arrested and jailed as terrorists under the kingdoms Suppression of Terrorism Act.
The ILO has been meeting in Geneva, Switzerland. In its final report it urged the Swaziland
Government without further delay to:
1 Release unconditionally Thulani Maseko and all other workers imprisoned for having
exercised their right to free speech and expression;
2 Ensure all workers and employers organizations in the country are fully assured their
freedom of association rights in relation to the registration issue, in particular register
ATUSWA [Amalgamated Trade Union of Swaziland] without further delay;
3 Amend Section 32 of the Industrial Relations Act to eliminate the discretion of the
Commissioner of Labour to register trade unions;
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4 Ensure organizations are given the autonomy and independence they need and fulfil their
mandate and represent their constituents. The Government should refrain from all acts of
interference in the activities of trade unions;
5 Investigate arbitrary interference by police in lawful, peaceful and legitimate trade union
activities and hold accountable those responsible;
6 Amend the 1963 Public Order Act following the work of the consultant, and the
Suppression of Terrorism Act, in consultation with the social partners, to bring them into
compliance with Convention 87 [Concerning Freedom of Association and Protection of the
Right to Organise];
7 Adopt the Code of Practice without any further delay and ensure its effective application in
practice;
8 Address the outstanding issues in relation to the Public Services Bill and the Correctional
Services Bill in consultation with the social partners;
9 Accept technical assistance in order to complete the legislative reform outlined above so
that Swaziland is in full compliance with Convention No 87.
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11 MAY DAY RALLY

Democrats defy police over May Day
25 April 2015
Trade unionists and democracy campaigners in Swaziland are on a collision course with the
police and state security after they refused to seek formal permission to hold a May Day rally.
The Trade Union Congress of Swaziland (TUCOSWA) has confirmed that commemorations
of the workers day will take place at the Salesian Sports Ground in Manzini, the commercial
capital of Swaziland, on 1 May 2015.
Vincent Ncongwane, TUCOSWA Secretary General, said his federation had informed the
police of its decision to host the event.
The Times of Swaziland, the only independent daily newspaper in the kingdom ruled by King
Mswati III, the last absolute monarch in sub-Saharan Africa, reported him saying, We will
not be seeking permission from the police to host the event, it is unlawful to be forced to seek
permission and there is no statute in the labour laws that allows the police to demand us to
seek permission from them to host Workers Day.
He added the fact that they had informed the police was sufficient and that they would not be
seeking permission as police had instructed them to do in past years.
The decision not to seek permission will almost certainly put TUCOSWA on a collision
course with the police and the state security apparatus.
Public gatherings are routinely disrupted by police unless they are sanctioned by the state. On
Thursday (23 April 2015), for example, a newly-formed group called Swaziland AntiXenophobia Movement had a gathering broken up by police because they did not have
permission from the Municipal Council of Mbabane to meet.
They were trying to show their support for victims of Xenophobic attacks in neighbouring
South Africa and tried to march to the South African High Commission in the Swazi capital,
Mbabane.
At May Day celebrations last year (2014), Mario Masuku, President of the Peoples United
Democratic Movement (PUDEMO), and Maxwell Dlamini, Secretary-General of the
Swaziland Youth Congress (SWAYOCO), were charged with uttering seditious statements.
One year later they are still in prison awaiting trial.
The two were arrested following a pro-democracy rally at the Salesian Sports Ground, the
proposed venue for this years rally.
PUDEMO has been banned in Swaziland as a terrorist organisation since 2008, under the
controversial Suppression of Terrorism Act.
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In May 2013, Muzi Mhlanga, the secretary general of the Swaziland National Association of
Teachers (SNAT), was illegally placed under house arrest by police who wanted to prevent
him attending a May Day rally. They had neither a court order nor warrant to place him under
house arrest.
Arrests were reported across the kingdom as democracy leaders refused police instructions to
say at home and not attend May Day events.
See also
POLICE ABDUCT DEMOCRACY LEADERS
May Day: Police threaten arrests

28 April 2015
Police in Swaziland said they would arrest anyone at this weeks May Day celebrations who
utter defamatory statements about authorities.
But, they said they would to allow people to mark the day on 1 May.
The Swazi Observer, a newspaper in effect owned by King Mswati III, who rules Swaziland
as an absolute monarch, reported on Tuesday (28 April 2015) , Police Information and
Communications Officer Assistant Superintendent Khulani Mamba said since this was an
internationally recognised day, they would not hinder the celebrations by workers but would
deal with those that would utter statements against authority.
He added, However, those that will utter defamatory statements about authorities will be
arrested.
This warning was aimed at people who advocate for democracy in Swaziland where no
political parties are allowed to contest elections and opposition groups are banned as
terrorists under the controversial Suppression of Terrorism Act 2008.
At the May Day celebrations in 2014, Peoples United Democratic Movement (PUDEMO)
President Mario Masuku and the partys youth congress leader Maxwell Dlamini were
arrested and charged with uttering seditious statements. They have been in jail for a year
awaiting trial.
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Swazi Police restrict May Day rally

30 April 2015
Swaziland police have said they will decide who can and who cannot take part in May Day
celebrations on Friday.
According to them only recognised workers unions will be allowed to take part.
This is seen as a deliberate snub to the Trade Union Congress of Swaziland (TUCOSWA),
the labour federation that has organized a rally in Manzini, the major commercial city in the
kingdom, for Friday (1 May 2015).
After a long and continuing dispute with the Swaziland state, TUCOSWA is not registered as
a recognised federation in the kingdom ruled by King Mswati III, sub-Saharan Africas last
absolute monarch.
In Swaziland all political parties are banned from taking part in elections and organisations
that advocate for democracy have been outlawed as terrorist organisations under the
In a statement to media, Police Information and Communications Officer Assistant
Superintendent Khulani Mamba said only recognised unions would be allowed to celebrate
the Workers Day.
He added, Having said this, as a police service, we wish to point out as previously stated,
that we will be present at the celebrations for the purpose of making sure that law and order is
maintained. However, this is on the premise and understanding that the Labour Day is to be
commemorated by recognised workers unions in the country, Mamba said.
Previously, Mamba had told media since May Day was an internationally recognised day
police would not hinder the celebrations by workers but they would arrest people who uttered
defamatory statements about authorities.
Sipho Jele death five years on
30 April 2015
As workers and pro-democracy activists prepare to mark Workers Day on Friday (1 May
2015) many will remember Sipho Jele who was killed by Swaziland state forces five years
ago.
The 35-year-old Jele was arrested and charged under the Suppression of Terrorism Act on 1
May 2010 for wearing a T-shirt supporting the Peoples United Democratic Movement
(PUDEMO), an organisation banned in the kingdom, ruled by King Mswati, sub-Saharan
Africas last absolute monarch.
He was taken to Manzini Police Station and then to Sidwashini Remand Correctional
Institution. He was found hanging from a beam in a shower block on 3 May.
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The inquest verdict delivered in March 2011 said in effect that Jele levitated to the ceiling
unaided, tied an old piece of blanket around a beam and then around his own neck and then
allowed himself to fall to the ground, thereby killing himself by hanging.
Coroner Nondumiso Simelane reported, Further, although there was nothing found at the
scene which the deceased could have used as a platform on which to stand to commit the
suicide; upon closer examination of the scene and the photos of the deceased captured at the
scene, and the pathologists concluding that it is possible for the deceased to have mounted
himself upwards from the floor and then suspended himself without the use of a platform,
and that after the ligature was applied to the beam and neck he could have lowered himself
and the feet would still be above the floor.
Simelane recorded Jeles death as suicide.
Independent Specialist Forensic Pathologist Dr Ganas Perumal at the inquest said there was
no evidence that Jele had been hanged.
According to a report in the Swazi News, an independent newspaper in Swaziland, Perumal
said, In this case there is no evidence of being hung. The perplexing thing is how he got
suspended as there was no object on which he stood. In most cases the object is kicked away
for the body to remain suspended. There was no such object that was found. That is the only
feature that doesnt confirm suicide. It is an enigma how he hung without standing on an
object.
Questioned by attorney Leo Gama on whether it was possible that Jele had tied the rope
around his neck while seated on the beam he was found hanging from, and then threw
himself down for the rope to tighten around his neck, Dr Perumal entirely ruled out this
possibility.
In that case there would be stretching of the skin and moreover there would be problem with
the spine. Looking at the findings, we can exclude that scenario. There are no features to
suggest that, he said.
It emerged at the inquest that Swazi police and prison warders lied a number of times about
the circumstances up to the time of the death. They had claimed that they interviewed people
who were in the same cell as Jele about the circumstances of his death; Perumal told the
inquest that the cell mates denied being interviewed.
Perumal said, I asked if any of the inmates had been interviewed to see if they had seen him
and if any fight had ensued during the night of his death but none had been interviewed.
This was not the first time that the police had been found out lying to the inquest. Previously,
it was discovered that police had recorded in an official journal that Jele was in good health
when he arrived at Manzini police station.
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The official record called the RSP 3 book said the entry was made by Constable David
Tsabedze, but he told the inquest that he never made the entry.
This led to Attorney Leo Gama concluding that Tsabedze never made such entries and left
the space vacant, but when the police heard that there was to be an inquest into the matter,
someone filled up those spaces without telling Tsabedze. This was so they could show Jele
was in good health when he left the police station.
Another anomaly was that although Jele was brought to the police station at 5.30pm on 1
May, he was only placed in a police cell at 11pm and no one could come forward to state
what happened in the meantime.
In a bizarre twist the inquest heard that Jele asked to be sent to Sidwashini because he feared
being tubed (tortured and suffocated) if he was sent back to police custody. The Swaziland
Director of Public Prosecutions Mumcy Dlamini said she was pleased to hear this because it
meant Jele had not yet been tortured while at the police station. Dlamini told the inquest as
far as she knew the only reason why Jele wanted to go to Sidvwashini was his fear of torture
by police.
The inquest was told Jele was taken out of the Manzini Police Stations cell for interrogation
purposes for hours on different occasions, but one officer said it was unclear whether they
also took him out of the building.
A jailor, Assistant Superintendent Richard Mthukutheli Fakudze, told the inquest he found
Jele hanging from a concrete bar in the bathroom of his prison cell at about 5am on 3 May
and he just knew Jele had killed himself. While he gave his testimony, he was interrupted by
Prosecutor Phila Dlamini who warned him to only say what he observed and desist from
giving an opinion. Fakudze had conclusively said Jele hanged himself yet he found him
hanging. Said Dlamini, If you insist that he hanged himself, you are actually saying that you
saw him tying the blanket around his neck and hanging himself.
Jele was charged under S19 (1) (a) of the Suppression of terrorism Act for wearing a T-shirt
with PUDEMO written on it.
S19 (1) (a) of the STA states, A person who is a member of a terrorist group commits an
offence and shall on conviction, be liable to imprisonment for a term not exceeding ten (10)
years.
Wearing a PUDEMO T-Shirt does not make you a member of PUDEMO and therefore the
police had no reason to arrest Jele. But after police arrested him they then took him to his
home and searched it and later alleged they had found materials linking him to the banned
political organisation.
Amnesty International suspected that Jele might have been targeted for arrest at the May Day
rally. Jele was one of 16 prodemocracy activists awaiting trial after they were charged with
treason in 2005.
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In a public statement, Amnesty said, Mr Jele had been subjected to torture and other illtreatment in police custody in the past. He was detained by police in December 2005 and
subsequently charged with treason along with 15 others. Mr Jele alleged that while in custody
he was beaten around the head causing long-term damage to his hearing, for which Amnesty
International was able to obtain independent medical corroboration. He also alleged that he
was subjected to suffocation torture while forcibly held down on a bench by six police
officers at Sigodvweni police station. Some of his co-defendants made similar allegations of
torture by the police.
The presiding High Court judge hearing their bail application in March 2006 was
sufficiently concerned to call on the government to establish an independent inquiry into their
claims. An inquiry was established under a single commissioner who subsequently reported
his findings to the then Prime Minister. To Amnesty Internationals knowledge this inquiry
report was never made public. Mr Jele and his co-defendants had still not been brought to
trial on the treason charge by the time of his death.
At the time of Jeles death, PUDEMO said in a statement, The Swaziland royal regime has
always been giving the international community the wrong information that political
dissenters are not imprisoned, harassed and killed. And that Swaziland is a peaceful country.
But here is a political activist getting killed for attending Workers Day and wearing a
PUDEMO T-shirt.
See also
SWAZI POLICE DISRUPTS ACTIVIST'S FUNERAL
ACTIVIST FUNERAL IPS REPORT
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12 ECONOMY
King costs 3,000 workers their jobs
31 May 2015
The refusal by King Mswati III, the absolute monarch in Swaziland, to accept democratic
change in his kingdom has cost at least 3,000of his subjects their jobs.
This is because the United States withdrew Swazilands trading privileges under the Africa
Growth Opportunities Act (AGOA).
Swaziland had previously been able to export to the United States without having to pay
tariffs. This privilege ended on 1 January 2015.
In the six months since, at least 3,000 jobs have been lost in the textile industry, dominated
by Taiwanese companies.
The Observer Sunday, a newspaper in effect owned by King Mswati reported the job losses
and the difficulties faced by workers who had been retrenched or laid-off. But, it did not
make the connection between the plight of the former workers and King Mswatis refusal to
give up his power in the kingdom of 1.2 million people.
All political parties are banned from taking part in elections, the King chooses the Prime
Minister and the government and the top judges. All public discussion for democratic reforms
is crushed by police and state forces and democrats languish in prison in remand awaiting
trial on sedition charges under the Suppression of Terrorism Act.
The King has a personal stake in great swathes of the Swazi economy and he uses dividends
and royalties from these to finance a lavish lifestyle which includes a private luxury jet
aircraft, a fleet of top-of-the-range Mercedes and BMW cars and at least one Rolls Royce. He
also has 13 palaces in his kingdom which is about the same size as the US state of New
Jersey.
Meanwhile, seven in ten of his subjects live in abject poverty with incomes of less than US$2
per day. More than a third of the population rely on international food aid in any given year.
The Observer Sunday reported this week (31 May 2015), The loss of AGOA, effectively at
the beginning of this year, resulted in two major textile factories closing down. These are Tex
Ray and Leo Garments. Knitwear also closed down but for less than a month as they reopened a few weeks later.
Close to 3,000 lost their jobs when these factories closed shop a few months ago. Some of
these were fortunate as they managed to get employment in other factories while others
migrated to South Africa. However, a majority of these workers were left unemployed and
had to seek alternative employment.
99
About five factories have conducted these lay-offs, which have seen a number of workers
sitting at home without getting paid. The factory owners have attributed these lay-offs to nonavailability of a market for their products. Some of the factories include Union Washing,
Kasum Investments, New Life and Kang-Fa at Siteki.
The Observer interviewed some of the workers. One of them said, The money we earn is
very little and it being deducted means nothing but poverty for most of us.
Another said, We have really suffered because of this issue and are hoping that government
will meet all the requirements needed for us to get it back. Our lives were turned upside down
and some of us had to relocate and find much smaller houses to rent because I could no
longer afford the two-room I rented before.
We are also being subjected to degrading treatment from our employers. What is saddening
however is that we have, through our union, tried to engage labour officials but there isnt
much that has been done to address our concerns.
The US had wanted Swaziland to implement the full passage of amendments to the Industrial
Relations Act; full passage of amendments to the Suppression of Terrorism Act; full passage
of amendments to the Public Order Act; full passage of amendments to sections 40 and 97 of
the Industrial Relations Act relating to civil and criminal liability to union leaders during
protest actions; and establishing a code of conduct for the police during public protests.
In June 2014, announcing the withdrawal of AGOA, a White House spokesperson said, The
decision to withdraw Swazilands AGOA eligibility comes after years of engaging with the
Government of the Kingdom of Swaziland on concerns about its implementation of the
AGOA eligibility criteria related to worker rights.
The statement said after an extensive review the US, concluded that Swaziland had not
demonstrated progress on the protection of internationally recognized worker rights. In
particular, Swaziland has failed to make continual progress in protecting freedom of
association and the right to organize. Of particular concern is Swazilands use of security
forces and arbitrary arrests to stifle peaceful demonstrations, and the lack of legal recognition
for labor and employer federations.
US Trade Representative Michael Froman, said, The withdrawal of AGOA benefits is not a
decision that is taken lightly.
We have made our concerns very clear to Swaziland over the last several years and we
engaged extensively on concrete steps that Swaziland could take to address the concerns. We
hope to continue our engagement with the Government of the Kingdom of Swaziland on
steps it can take so that worker and civil society groups can freely associate and assemble and
AGOA eligibility can be restored.
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See also
SWAZI HUMAN RIGHTS RECORD KILLS AGOA
AGOA PROPAGANDA FROM KINGS NEWSPAPER
PM MISLEADS ON AGOA PROGRESS
PM WRONG ON AGOA IMPACT
No oversight on Swazi Kings spending

16 June 2015
There is no oversight on how Swaziland King Mswati III, his fifteen wives and vast royal
family spend public money, a United States report has concluded.
The US makes annual reviews of the fiscal transparency of governments that receive its
financial assistance to ensure that American taxpayers money is used appropriately.
In its review of Swaziland, published on Friday (12 June 2015), the US Department of State
concluded the kingdom, ruled by King Mswati, who is an absolute monarch, did not meet
acceptable standards.
The report stated, Expenditures to support the royal family, military, police, and correctional
services are included in the budget, but are not subject to the same oversight as the rest of the
budget.
It added, Revenues and expenditures related to natural resources are not included in the
budget.
The report concluded, Fiscal transparency in Swaziland would be improved by including all
expenditures and revenues in the budget; subjecting the entire budget to audit and oversight;
consistently applying legal procedures in the awarding of natural resource extraction
contracts and licenses; and making basic information on natural resource awards publicly
available.
The truth about of the Kings spending has been consistently hidden from the Swazi people,
his budget is never debated in parliament, and audits of the budget are only presented to the
King himself and the Royal Board of Trustees chaired by the minister of finance.
Media in Swaziland have access to the full budget estimates which contain information about
the Kings budget but do not publish it. State media in the kingdom are heavily censored and
the private media censors itself when reporting about the King.
Seven in ten of Swazilands tiny 1.3 million population live in abject poverty with incomes
less than US$2 a day; three in ten are so hungry they are medically diagnosed as
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Despite the poverty of the kingdom, King Mswati continues to live a lavish lifestyle. He has
13 palaces, fleets of top-of-the-range Mercedes and BMW cars, at least one Rolls Royce and
a private jet.
See also
KING DIVERTS WEALTH FROM HIS SUBJECTS
KING MSWATI SPENDS AND SPENDS
Economy slump after trade sanctions

23 June 2015
The trade sanctions imposed by the United States because of King Mswati IIIs poor record
on human rights will contribute to a slump in the kingdoms economy, a senior Central Bank
of Swaziland (CBS) official said.
On 1 January 2015, the US withdrew Swazilands trading benefits under the Africa Growth
Opportunities Act (AGOA) after the kingdom ruled by King Mswati as sub-Saharan Africas
last absolute monarch refused to accept democratic change.
Swaziland had previously been able to export to the United States without having to pay
tariffs. In June 2015 it was reported that in the six months since the loss of AGOA benefits, at
least 3,000 jobs had been lost in the textile industry, dominated by Taiwanese companies.
CBS General Manager: Economic Policy Research and Statistics Bhadala Mamba told a
pensions funds investment forum in Swaziland, Going forward, economic growth will
continue to slump and pickup around 2017, this is because of shocks in the local economy
because of AGOA.
The US had wanted Swaziland to implement the full passage of amendments to the Industrial
Relations Act; full passage of amendments to the Suppression of Terrorism Act; full passage
of amendments to the Public Order Act; full passage of amendments to sections 40 and 97 of
the Industrial Relations Act relating to civil and criminal liability to union leaders during
protest actions; and establishing a code of conduct for the police during public protests.
In June 2014, announcing the withdrawal of AGOA, a White House spokesperson said, The
decision to withdraw Swazilands AGOA eligibility comes after years of engaging with the
Government of the Kingdom of Swaziland on concerns about its implementation of the
AGOA eligibility criteria related to worker rights.
In Swaziland political parties are banned from taking part in elections and King Mswati
choses the government and top judges. Groups advocating for democracy are outlawed as
terrorists under the Suppression of Terrorism Act.
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Mr Mamba told the forum that another factor to affect the Swazi economy badly was the
closure of the Ngwenya iron mine.
He did not reveal that this mine was closed after King Mswati, who owned 25 percent of the
mine withdrew US$10 million from the company to purchase a private jet for himself. Sihle
Dlamini, the Kings representative on the board of directors then stopped the mine from
trading.
Eventually it had debts of US$4 million when it was legally wound up in December 2014and
more than 700 jobs were lost. King Mswati took the US$10 million loan from the company
less than six months after it started trading which he refused to pay back when it hit
difficulties.
A compensation claim for at least US$141 million has been prepared by Southern Africa
Resources Ltd (SARL), the company that owned half the mine, against the Kingdom of
Swaziland at the International Centre for Settlement of Investment Disputes (ICSID). The
Swazi Government owned 25 percent of the mine and King Mswati also had 25 percent
which he held in trust for the Swazi nation.
See also
HOW SWAZI KING DESTROYED IRON MINE
Lack of democracy bad for economy

25 June 2015
The lack of democracy in Swaziland is a substantial risk to the kingdoms growth, according
to a World Bank report.
And, Tibiyo Taka Ngwane, the conglomerate owned by the royal family, deters private
companies from operating and thereby boosting the kingdoms economy.
Swaziland is ruled by King Mswati as an absolute monarch. Political parties are banned from
taking part in elections and the King chooses the government and top judges. Groups
advocating for democracy in Swaziland are banned under the Suppression of Terrorism Act
and dissenters are jailed.
The King also controls large parts of the Swazi economy through Tibiyo and holds most of
the land in Swaziland in trust for the Swazi nation.
The World Bank report, called the Country Partnership Strategy for the kingdom of
Swaziland 2015 2018, said, Perceptions about lack of voice and accountability and weak
rule of law hamper growth and development. The limitations on the rights to participate and
form political parties deprives the citizenry of political competition and electoral feedback to
prioritize policy choices.
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The regular arrest of pro-democracy activists contributes to pushing Swaziland low on the
political freedoms scale and high in the rankings for perceptions of corruption. Transparency
International ranks Swaziland 82 among 177 countries on its Corruption Perception Index.
The World Bank added, The political and governance risks are expected to be substantial
during the coming years.
It said, The governance system in Swaziland leaves room for political interference, policy
reversals, vested interests, nepotism and corruption which can adversely affect the selection
and prioritization of sectoral investments, as well as the effective implementation of
programs.
It added that programs that the World Bank would support, including those to alleviate
poverty and stimulate economic growth, can be particularly vulnerable to such risks, if the
project beneficiaries become direct competitors to established vested interest.
The World Bank consulted various groups within Swaziland, including the donor
community, civil society and the private sector in compiling its report.
The World Bank concluded, All parties consulted agree on limitations in state capacity
which undermines implementation of policies and service delivery. Some stakeholders
identified the lack of political will to review the current system of Governance and the
separation of powers. Cases of imprisonment of media representatives and unionists
demonstrate that the Swazi public has no mechanism through which to voice their concerns.
The World Bank report also criticised King Mswatis conglomerate, popularly known as
Tibiyo.
It said, Direct intervention by the state in economic sectors also seems to be a deterrent. The
state is invested in key economic sectors through state-owned enterprises (SOEs) and the
company owned by the royal family Tibiyo Taka Ngwane. These institutions operate in
multiple economic sectors including agriculture, transport, finance, tourism and housing,
which put them in direct competition with private players, creating conflicts of interest in
several sectors.
Furthermore, some SOEs function as regulators in their sectors, and are responsible for
charging levies on imports by private enterprises of products that they themselves are selling.
This creates another set of conflicts of interest and potential opportunities for corruption.
The overall result is further uncertainty among investors.
See also
KINGDOMS WEALTH STAYS WITH THE KING
IMF TELLS SWAZILAND HOME TRUTHS
GOVT SNEERS AT WORLD BANK REPORT
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Swazilands massive military spending

28 June 2015
A new report shows Swaziland spent US$259.8 million on its military in the past three years.
In 2014 military spending amounted to 5.9 percent of all government, spending in Swaziland,
according to the Stockholm International Peace Research Institute (SIPRI) in its Military
Expenditure Database for 2015.
The military spending amounted to 2.2 percent of Swazilands entire gross domestic product
(GDP).
Swaziland has a population of nearly 1.3 million people. Seven in ten of them live in abject
poverty, with incomes of less than US$2 per day.
In the calendar year 2014, Swazilands military spending was estimated to be US$80.6
million; about the equivalent of US$62 for every person in the kingdom.
King Mswati III, who rules Swaziland as sub-Saharan Africas last absolute monarch, and the
government he handpicks, refuse to publicly discuss military spending citing national
security issues as an excuse.
Swaziland is a tiny landlocked kingdom and is not at war and there are no potential enemies
at the borders ready to invade. Swazilands international obligations in the military arena are
few, and Swazi troops are not expected to be deployed abroad anytime soon.
Despite the reluctance of the King and Government to discuss military spending it is possible
to piece together a picture of what might be behind the large spending.
In 2011, the Swazi Government set aside more than E1 billion (US$100 million) for spending
on the army and police force and the then Finance Minister Majozi Sithole admitted that the
army was prepared for an uprising by the population in Swaziland.
This followed a series of prodemocracy uprisings in North Africa, leading to what became
known as the Arab Spring. King Mswati was fearful something similar could happen in his
kingdom. A Facebook group calling itself the April 12 Uprising had already called for an
overthrow of the King.
In February 2011, Sithole told an open stakeholder dialogue on the 2011-2012 budget and
Fiscal Adjustment Roadmap, Yes, we are spending a lot on the army but we are not
anticipating what is happening in North Africa to come here, he said.
He added, However, the army is there to avoid such situations.
In 2009, the Swazi Government was revealed to be engaged in arms dealing by the United
States. A diplomatic cable written by Maurice Parker, the then US Ambassador to Swaziland,
and later published by WikiLeaks revealed that the UK Government had blocked an arms
105
deal between a UK company Unionlet and the Swaziland Government because it feared their
possible use for internal repression.
The Swazi Government wanted to buy equipment worth US$60 million.
Among items listed for purchase were, 3 Bell Model UH-1H helicopters, FN Herstal
7.6251mm Minimi light machine guns, blank and tracer ammunition, armored personnel
carriers, command and control vehicles including one fitted with a 12.7x99mm M2 Browning
heavy machine gun and others fitted with the FN Herstal light machine guns, military
ambulances, armored repair and recovery vehicles, weapon sights, military image intensifier
equipment, optical target surveillance equipment, 620 Heckler & Koch G36E assault rifles,
240 Heckler & Koch G36K assault rifles, 65 Heckler & Koch G36E rifles, 75 Heckler &
Koch UMP submachine guns 9x19mm, and 35 Heckler & Koch USP semi-automatic pistols.
The Swaziland Government said it wanted the items to fulfil its United Nations
peacekeeping obligations in Africa.
The UK Government did not believe it and thought either the weapons would be used against
the Swazi civilian population, or they were being bought in order to sell on to another
country, possibly Iran. The UK Government blocked the deal.
In his diplomatic cable, Parker said, The array of weapons requested would not be needed
for the first phases of peacekeeping, although it is possible someone tried to convince the
Swazi government they were required. The GKOS [Government of the Kingdom of
Swaziland] may have been attempting to build up domestic capability to deal with unrest, or
was possibly acting as an intermediary for a third party such as Zimbabwe or a Middle
Eastern country that had cash, diamonds or goods to trade.
The Guardian newspaper in the United Kingdom, which first broke the story, reported at the
time, Swaziland had a poor human rights record which was criticised by the US state
department in its 2009 report (the year the deal was to have taken place).
Government agents continued to commit or condone serious abuses, and the human rights
situation in the country deteriorated. Human rights problems included inability of citizens to
change their government; extrajudicial killings by security forces; mob killings; police use of
torture, beatings, and excessive force on detainees, the report said.
In the months before the attempted arms sale, Swazilands government declared the Peoples
United Democratic Movement (PUDEMO) the main opposition political party a terrorist
organisation and arrested its leader, Mario Masuku.
Once the cable became public in 2011, John Kunene, Principal Secretary in the Ministry of
Defence, who signed the original deal in 2008, said the kingdom had never given up trying to
buy the weapons.
The Swazi News, an independent newspaper in Swaziland, reported (26 February 2011) that
Kunene was still trying to broker a deal.
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In March 2011 Lutfo Dlamini, who was then Minister of Defence, denied the Wikileaks
report and, according to a report in the Times of Swaziland, told the Swazi Senate there was at
no stage where the country spoke of purchasing guns.
The Swazi Observer reported him saying, We never bought any guns anywhere and never
spent E429 million. The information leaked was misleading, it was written by someone who
had his own agendas.
Clearly, Lutfo Dlamini was not telling the truth since Kunene had already confirmed that he
was still trying to broker the deal.
In March 2011 Kunene was sacked from his job after a disclosure that the Umbutfu
Swaziland Defence Force (the army) had run out of food to feed its soldiers.
A month after the Wikleaks revelation about possible arms sales to the Middle East, the AFP
news agency reported Swaziland was importing two containers of firearms through a
Mozambican port.
AFP quoted Mozambican state daily newspaper Noticias as its source. It reported the arms
arrived in Maputo, the Mozambican capital, on a Panamanian vessel on 28 February 2011
from an unspecified country.
Swaziland is in effect broke and has been struggling for the past four years to come up with a
recovery package that could revive the economy. It has ignored advice from the International
Monetary Fund (IMF) to cut its public service wage bill and to increase the amount of money
it collects in taxation. The IMF wants moneys to be transferred from capital expenditure
projects to help poor and disadvantaged people.
In March 2013 it was revealed that the Swazi government had sold US$3 million worth of
maize donated by Japan as humanitarian aid to feed malnourished people, including children.
It put the money raised in a special account at the Central Bank of Swaziland.
See also
SECRET ARMS DEAL FOR IRAN
SWAZILAND AND SECRET ARMS DEAL
SUPPORT FOR BLOCK ON SWAZI ARMS
ARMS SHIPMENT HEADS TO SWAZILAND
107
13 EDUCATION
Swazi Kings university insolvent
7 April 2015
Only one month after Swazilands King Mswati III pledged his support for higher education
in his kingdom, the university where he is Chancellor is reportedly insolvent.
The University of Swaziland (UNISWA) owes E60million (US$6 million) in unpaid Pay-AsYou-Earn tax contributions to the Swaziland Revenue Authority (SRA).
King Mswati, who rules Swaziland as sub-Saharan Africas last absolute monarch, and handpicks the Swazi Government, said in his speech at the opening of parliament in February
2015 that his kingdom now had a huge challenge to develop more institutions of higher
learning for our youth in the country that will be affordable to parents and of high quality.
He added, Therefore, government should upgrade our colleges into universities as this is in
line with our decentralisation policy.
In a report to the Swazi Parliaments Finance Sessional Committee, UNISWA said the
financial problems at the university started from the time of the kingdoms economic
meltdown in 2011 and that since then its budget proposals have been cut.
Governments subvention to the institution has over the years remained at E243 million; the
same applies to the 2015/16 financial year which begins this month (April 2015).
We are working under a difficult position and in the true business sense, the university is
insolvent, the report stated.
UNISWA said it might have to seek the intervention of King Mswati in the matter.
In March 2015 it was reported that the Swazi Government had not paid monies it promised to
Swaziland Christian University at Mahwalala, one of the newest universities in Swaziland,
and as a result it was unable to pay its wages and salaries.
See also
VARSITY BLAMES GOVT FOR CASH CRISIS
Swazi King snubs his own university

20 May 2015
108
Swazilands King Mswati III has once again shown his contempt for his own kingdom and
the university he heads by sending his own children to be educated abroad.
The King, who is presently on tour of Taiwan, the home of the companies that control most
of the textile sweatshops in Swaziland, stopped off at the Shih Chien University in Taipei to
visit one of his sons, Prince Buhlebenkhosi, who is studying for a BSc in International
Business Management.
The King, who rules Swaziland as an absolute monarch, is Chancellor of the University of
Swaziland (UNISWA), which has a large business faculty, but clearly he has no confidence
in the standards of education at the institution. What is good enough for his subjects is not
good enough for his own children.
UNISWA has been complaining for many years of underfunding and some courses are likely
to close.
In April 2015 it was reported that the university was bankrupt and could not pay the
Swaziland Revenue Authority (SRA) an E60 million (US$6 million) Pay-As-You-Earn
income tax debt.
Buhlebenkhosi is not the only one of the Kings children to have studied at university abroad.
The king is estimated to have 25 children (so far) but we cannot be certain, because like the
number of wives he has, this is information that the Swazi people are not allowed to know.
His eldest daughter, and first child, Princess Sikhanyiso graduated from Sydney University,
Australia, in 2012 with a Masters in Digital Communication. She completed a bachelor
degree at Biola University, in Los Angeles, California, in the United States. She also took
acting classes while in the US.
Prince Bandzile Dlamini studied international relations at Zayed University, in the United
Arab Emirates (UAE).
Meanwhile, the Kings Office Correspondent, writing in the Swazi Observer, a newspaper
in effect owned by King Mswati, reported on Wednesday (20 May 2015), Prince
Buhlebenkhosis humble and courteous nature has earned him glowing accolades from his
universitys administrators.
The newspaper added, The universitys President Michael Chen, said he had no doubt that
Prince Buhlebenkhosi would be an asset to Swaziland.
He added, It would not surprise me to see him sit as one of the top company executives in
the near future.
See also
PRINCESS ON TV: BLUSHES ALL ROUND
109
Swazi King creates schools chaos

12 May 2015
A command from Swaziland autocratic King Mswati III abolishing top-up fees has sent
schools in his kingdom spiralling into chaos.
He made the directive during his speech opening the Swazi Parliament in February 2014,
even though the government he hand-picked did not have a plan to implement it.
In Swaziland the Kings word is a proclamation. Once he speaks nobody dares to question
him.
It is this mind-set that has sent schools across the impoverished kingdom into chaos.
According to reports within Swaziland most schools have been forced to suspend activities
including participation in sports and music competitions. It is estimated these extra-mural
activities have halved when compared to recent years.
The Swazi Observer, a newspaper in effect owned by the King, reported some head teachers
had resorted to selling sweets on behalf of their schools to raise additional funds.
The newspaper reported, Swaziland Principals Association (SWAPA) President Mduduzi
Bhembe confirmed the sad situation and lamented the fact that the growth of the countrys
education system was taking a nosedive.
He said as principals of schools they decried the collapse of the education system and called
for government to bring an alternative to the scrapped top-up fees that were paid by parents to
assist boost the schools coffers.
Government introduced free primary education in 2009, starting from Grade One and this
year the programme was rolled out in grade seven, which is the last grade at primary school
level. Currently, more than 240,000 pupils are enrolled in the primary education system.
According to the 2012 annual education census, 95 percent of appropriate age and eligible
children are able to access primary education.
Principals complained that the money paid by government was too meagre to run the schools
and a majority of them opted for top-up fees to make up for the shortage.
There are further problems ahead for Swazi schools. Principal Secretary in the Ministry of
Education and Training Pat Muir told a strategic meeting with Swaziland Skills in May 2015
that the situation faced by schools was dire as the kingdom had about half the number of
secondary schools than primary schools.
110
Existing secondary schools will not be able to absorb all the school leavers expected to sit
for their Swaziland Primary Certificate (SPC) examination at the end of this academic year,
the Times of Swaziland quoted him saying.
111
14 MEDIA
Call to ban Nation magazine
18 April 2015
Swazilands Foreign Affairs Minister Chief Mgwagwa Gamedze is angry that copies of the
Nation magazine, which carries articles advocating for democracy in the kingdom, were
found at King Mswati III Airport and on board a plane flying to South Africa.
The magazine, which is legally available throughout Swaziland, was spotted by Swazi
Senator Bonsile Mngometulu.
According to a report in the Swazi Observer, a newspaper in effect owned by King Mswati
III, sub-Saharan Africas last absolute monarch, she, questioned the vigilance of the KMIII
International Airport authorities.
The newspaper reported, She said the March issue of the magazine carried defamatory
articles about the country yet the authorities of the Swaziland Civil Aviation Authority
(SWACAA) allowed it to be placed there. She did not specify on the contents of the article
but said it was capable of damaging the image of the country and further turn away potential
investors.
Among the articles published in the March 2015 edition of the Nation was one about the role
King Mswati played in the closure of an iron ore mining company at Ngwenya.
Mngometulu said police should have prevented the magazine being distributed at the airport.
She was speaking at a briefing between the senate portfolio committee and the ministry of
foreign affairs and international cooperation on Wednesday (15 April 2015).
Presently, Bheki Makhubu, the editor of the Nation, and human rights lawyer and writer
Thulani Maseko are serving two years in jail after writing and publishing articles critical of
the judiciary in the magazine.
The Observer reported that Chief Gamedze, said that the authorities should have detected
that there was something wrong and prevented the distribution of the magazine in the
aircraft.
He agreed it was a situation that needed to be prevented but said such was the responsibility
of another ministry.
Kings paper calls democrats, Hitler
10 May 2015
The Swaziland Kings newspaper has published an article liking prodemocracy campaigners
in the kingdom to Hitler.
112
Writer Maqhawe Nxumalo wrote in the Sunday Observer, political party system proponents
in the country have taken a few pointers from Hitlers playbook.
Swaziland is ruled by King Mswati III, as an absolute monarch. All political parties are
banned from taking part in elections and all groups in the kingdom that advocate for
democracy and a multi-party system have been banned under the Suppression of Terrorism
Act.
The King owns the Swazi Observer group of newspaper through a conglomerate of
companies that he controls on behalf of the Swazi nation.
Nxumalo regularly writes in the Sunday Observer in praise of the King.
On Sunday (10 May 2015) he wrote that opponents of the King told lies as Adolf Hitler had
done.
He wrote, Hitler is on record saying if lies took him to the end he desired, he would never
apologise for lying.
He added, He had his people actually believe that they were superior to all other nations and
were destined to rule over them. He basically filled their heads with nonsense.
He went on to say, These people lie about monarchical democracy and its operating system,
Tinkhundla.
He added, I am bringing up this sad era of the 20th century today because sometimes I get
the impression that the political party system proponents in the country have taken a few
pointers from Hitlers playbook.
These people lie about monarchical democracy and its operating system, Tinkhundla.
Among those advocating for multi-party democracy in Swaziland are the United States of
America and the European Union.
See also
THE TRUTH OF MONARCHICAL DEMOCRACY
KING ADMITS NO CHANGE ON DEMOCRACY
NEW NAME FOR NON-DEMOCRACY
GOD TELLS KING MSWATI A HOME TRUTH
113
Govt has total control of TV news

7 June 2015
Censorship at Swazi TV is so tight that every month the Swaziland Government issues
directives to the station about what events it should cover.
And, the Government has also banned ordinary members of parliament from appearing on the
news programmes of Swazi TV.
This was revealed in a report tabled at the Swaziland Parliament.
Bongani Sgcokosiyancinca Dlamini, the Chief Executive of Swazi TV said the instructions
had been given to the TV station in advance of the 2013 national elections by then Minister
of Information, Communication and Technology Winnie Magagula.
His revelation was contained in a report tabled by Hhukwini MP Saladin Magagula,
chairperson of the House of Assembly select committee investigating the media ban imposed
on MPs on state-owned media.
According to a report in the Swazi Observer, a newspaper in effect owned by absolute
monarch King Mswati III, Dlamini said, It was communicated to the station that any activity
outside of governments calendar cannot be featured as news and that governments calendar
is sent monthly by the press officer in Cabinet and it is normally updated in between.
Dlamini also said there was a ban on MPs appearing on the news and this ban had not been
lifted.
He said the ban had meant to stop MPs appearing on TV during the run-up to the September
2013 national election. In Swaziland, political parties are banned from taking part in elections
and all candidates stand as individuals. The ban was not lifted after the election.
Dlamini reportedly said that under the circumstance there was very little that they could do.
Swazi TV is one of only two television stations in Swaziland and is under state control. The
other station, Channel S is privately-owned, but has a stated editorial policy to always support
King Mswati.
Censorship of radio and television in Swaziland is not new. In August 2014 Minister of
Information, Communication and Technology (ICT) Dumisani Ndlangamandla said the
Swaziland Government would not let up on its control of state radio, He said state media
existed primarily to serve the interests of the state.
In August 2012 the government announced that in advance of the national election in
September 2013 radio would be banned from broadcasting news and information that did not
support the governments own agenda.
All radio in the kingdom, except one Christian station that does not broadcast news, is statecontrolled.
114
New guidelines also barred public service announcements unless they were in line with
government policy or had been authorised by the chiefs through the regional administrators
or deputy prime ministers office.
The guidelines said the radio stations could not be used for purposes of campaigning by
individuals or groups, or to advance an agenda for political, financial popularity gains for
individuals or groups.
There is a long history of censorship on state broadcasting in Swaziland. Strikes and antigovernment demonstrations are usually ignored by broadcasters. Sometimes live radio
programmes are censored on air. In July 2011, the plug was pulled on a phone-in programme
when listeners started criticising the government for its handling of the economy. Percy
Simelane, who was then the boss of SBIS, and went on to become the governments official
spokesperson, personally stormed the radio studio and cut the programme.
In April 2011, Welile Dlamini, a long-time news editor at SBIS, challenged the Prime
Minister Barnabas Dlamini at an editors forum meeting on why the state radio station was
told by the government what and what not to broadcast. Welile Dlamini said that at the
station they were instructed to spike certain stories such as those about demonstrations by
progressives and strike action by workers. The PM responded by saying editors should resign
if they were not happy with the editorial policies they are expected to work with.
In March 2011, SBIS stopped broadcasting the BBC World Service Focus on Africa
programme after it carried reports critical of King Mswati III. In the same month, SBIS failed
to cover the march by nurses that forced the Swazi Government into paying them overdue
allowances.
In 2010, Swazi police told SBIS it must stop allowing people to broadcast information about
future meetings unless the police had given permission. Jerome Dlamini, Deputy Director of
the SBIS said this was to stop the radio station airing an announcement for a meeting that was
prohibited.
He said, Its the stations policy not to make announcements without police permission.
In 2006, the minister for public service and information, Themba Msibi, warned the Swazi
broadcasters against criticising the King.
MISA reported at the time, The ministers threats followed a live radio programme of news
and current affairs in which a human rights lawyer criticised the Kings sweeping
constitutional powers.
Human rights lawyer Thulani Maseko, had been asked to comment on a visit by an African
Union (AU) human rights team which was on a fact-finding mission to Swaziland.
In response, Maseko said that, as human rights activists, they had concerns about the Kings
sweeping constitutional powers and the fact that he the King was wrongfully placed above
115
the Constitution. He said they were going to bring this and other human rights violations to
the attention of the AU delegation.
Not pleased with the broadcast, the government was quick to respond. Msibi spoke on air the
following day to sternly warn the media against criticising the King. He said the media
should exercise respect and avoid issues that seek to question the King or his powers.
The minister said his message was not directed only to radio but to all media, both private
and government-owned. He said that in government they had noticed that there was growing
trend in the media to criticise the King when he should be above criticism and public
scrutiny, MISA reported.
Maseko, a long-time campaigner for human rights, was jailed for two years along with Nation
Magazine editor Bheki Makhubu in July 2014 for writing articles critical of the Swazi
judiciary.
See also
NO LET UP ON SWAZI MEDIA CENSORSHIP
BILL LETS KING CONTROL BROADCASTING
MOVE TO MERGE STATE BROADCASTERS
BROADCASTING IS NOT FOR THE PEOPLE
GOVT TIGHTENS GRIP ON CENSORSHIP
KINGS PAPER BACKS RADIO CENSORSHIP
GOVT BANS MPS FROM THE RADIO
NEW RADIO CENSORSHIP RULES RELEASED
116
15 POLICE KILLING
Police torture suspect to death
13 June 2015
Swaziland police killed a suspect by suffocating him during questioning, a newspaper in the
kingdom has reported.
The killing happened on Friday (12 June 2015) at the Manzini police station.
The Swazi News, an independent newspaper in the kingdom, where media censorship is the
norm, reported that the man was suffocated using the now infamous technique known as
tubing.
The newspaper reported, The police took the man who worked as a barber to assist them in
an investigation at about 8:30am yesterday [Friday] and a few hours later, he was reported
dead. The police officers, as they led the suspect away, had warned his work mates that he
would not return.
A part of Manzini came to a standstill as about 100 sympathisers gathered at the Manzini
Police station to enquire about their colleague whom they were told died during
interrogation.
The newspaper said the man was being questioned for being in possession of a stolen CD
writer.
The incident is one of many cases of torture reported in Swaziland where police and security
services have been accused of operating as private militias for King Mswati III, who rules
Swaziland as sub-Saharan Africas last absolute monarch.
In report surveying human rights abuses in 2012, Amnesty International stated, Torture and
other ill-treatment remained a concern, with a High Court judge in April [2012] calling for a
commission of inquiry into repeated allegations by accused in criminal trials that they had
been subjected to torture, which included beatings and suffocation.
Deaths under suspicious circumstances and the failure of the authorities to ensure
independent investigation and accountability continued to cause concern. Police and
members of the military were implicated in the reported incidents.
In May 2012 the US State Department investigated the use of torture in Swaziland and found,
Security officers reportedly used torture during interrogation, assaulted citizens, and used
excessive force in carrying out their duties. Reported practices included beatings and
temporary suffocation using a rubber tube tied around the face, nose, and mouth, or plastic
bags over the head.
117
Swazi police admit killing suspect

14 June 2015
Swaziland police have admitted killing a man in their custody who they allegedly tortured,
according to local media.
The 35-year-old Mozambican barber, Luciano Reginaldo Zavale, popularly known as Melusi,
had reportedly been taken to Manzini police station to be questioned about a stolen CD
writer.
The Observer Sunday newspaper reported (14 June 2015) that police were alleged to have
made the admission to killing Melusi during a meeting with the deceased mans parents and
officials from the Association of Mozambicans in Manzini.
Police later denied making the admission. Swazi police Deputy Information and
Communications Officer Inspector Phindile Vilakati told the newspaper, We do take
responsibility that he died in our premises but investigations are still ongoing to find out what
really happened.
Meanwhile, about 300 people demonstrated outside Manzini Police Station on Saturday and
closed streets as they demanded answers to the circumstances of Melusis death.
Some people also went to Dups Funeral Home in an attempt to see Melusis body so they
could examine the extent of his injuries, but they were denied entry.
National Commissioner of Police Isaac Magagula said he could neither deny nor confirm the
allegations of torture, he said a post-mortem would be conducted to determine Melusis
actual cause of death.
MPs want inquiry into police killing
16 June 2015
Members of Parliament in Swaziland on Monday (15 June 2015) called for an inquiry into
the death in police custody of the Mozambique national Luciano Zavale.
He was reportedly suffocated to death while being tortured by police.
Swazi Prime Minister Barnabas Dlamini is expected to make an official statement to
parliament on the matter on Wednesday. A further report from the PM is expected in the
coming week.
The Mozambican High Commissioner to Swaziland Luis Adelino da Silva has also called for
answers from the police on how Zavale, popularly known as Melusi, died.
The Peoples United Democratic Movement (PUDEMO), the best known of the banned
prodemocracy organisations in Swaziland, condemned the death as cold blooded murder.
118
It said in a statement, These arbitrary killings have become commonplace in Swaziland

because no action gets taken to bring the guilty to justice.
See also
MORE POLICE TORTURE IN SWAZILAND
SWAZI STUDENT LEADER TORTURED
KINGS PAPER SUPPORTS POLICE TORTURE
119
16 OTHER HUMAN RIGHTS ISSUES

Scrap Swazi Terror Act: Amnesty
7 April 2015
Amnesty International has renewed its criticism of Swaziland for the continued persecution
of peaceful political opponents and critics by the King and his authorities.
The human rights organisation has called for the Suppression of Terrorism Act (STA) and the
Sedition and Subversive Activities Act (SSA Act) to be scrapped or drastically rewritten.
It said the Swazi authorities were using the Acts, to intimidate activists, further entrench
political exclusion and to restrict the exercise of the rights to freedom of expression,
association and peaceful assembly. Fourteen people are currently charged under these laws.
King Mswati III rules Swaziland as sub-Saharan Africas last absolute monarch. All political
parties are banned from taking part in elections and groups that call for a move towards
multi-party democracy are banned under the STA.
The King appoints the Prime Minister, Government Ministers and the kingdoms judges.
In a public statement to draw attention to the repression of fundamental freedoms in
Swaziland, Amnesty said 14 people were currently charged in five separate trials.
Ten are charged under both laws, including Mario Masuku, Maxwell Dlamini, and Mlungisi
Makhanya, the Secretary General of the opposition organization, PUDEMO, along with six
other co-accused.
The authorities also initiated trial proceedings under the SSA Act against Thulani Maseko in
September 2014, on sedition charge first raised against him in 2009.
All of the accused are out on bail, apart from Thulani Maseko, Mario Masuku and Maxwell
Dlamini.
The alleged offences include shouting slogans at a Workers Day rally, utterances made at
funerals, possession of PUDEMO leaflets, wearing PUDEMO t-shirts while attending the
trial of Thulani Maseko and Bheki Makhubu, or calling for a boycott of the elections held in
2013.
The start of these trials have been postponed, pending the outcome of a constitutional
challenge to the laws which will be heard in the High Court in September 2015.
Amnesty said the SSA Act violated Swazilands human rights obligations. It placed the onus
on the accused to prove that their alleged acts, utterances or documents published were not
done with seditious intention.
120
The SSA Act also obliged courts to conduct proceedings in camera relating to an offence
under the Act if so requested by the prosecution.
Amnesty also said the STA was incompatible with Swazilands human rights obligations
because of, The failure to restrict the definition of terrorist act to the threatened or actual
use of violence against civilians;
The failure of the definition to meet the requirements of legality, that is, accessibility,
precision, applicability to counter-terrorism alone, non-discrimination and non-retroactivity.
It added offences were, defined with such over-breadth and imprecision that they place
excessive restrictions on a wide range of human rights, including the right to hold opinions
without interference and the right to freedom of expression.
Amnesty stated, Amnesty International reiterates its call to the Swaziland government to
repeal or immediately amend the STA, as well as the SSA Act, to withdraw criminal charges
currently made under these laws, release all prisoners held solely for exercising their human
rights peacefully and to stop abusing the criminal justice system to violate the rights of
freedom of expression and association.
See also
SWAZI TRIALS POLITICALLY MOTIVATED: AMNESTY
AMNESTY ATTACKS SWAZI JUSTICE
Swazi democracy rally abandoned

14 April 2015
Prodemocracy activities in Swaziland to mark the 12 April anniversary of the Royal decree
that turned the country from a democracy to a kingdom ruled by an autocratic monarch were
abandoned at the weekend amid fears that police would attack participants.
The US-based Solidarity Centre reported, Swazilands union movement cancelled a planned
rally over the weekend after concerns the police would break up the gathering as they have
multiple times in the past several weeks. In February and March, large numbers of police
disbanded meetings of the Trade Union Congress of Swaziland (TUCOSWA), injuring at
least one union leader.
Two weeks ago, the Swaziland National Association of Teachers (SNAT) gathered for a
prayer service, when a large number of police showed up and sought to disrupt the event,
physically injuring the unions secretary general in the process, according to union leaders.
Union members refused to be intimidated and carried on their service, say union leaders,
adding that the government is increasingly prohibiting workers from meeting or publicly
speaking out.
121
Sunday 12 April 2015 marked the 42nd anniversary of the day in 1973 King Sobhuza II told
his subjects, I have assumed supreme power in the Kingdom of Swaziland and that all
Legislative, Executive and Judicial power is vested in myself.
He repealed the Swaziland constitution that had been in effect since independence from Great
Britain in 1968 and said that any laws in the kingdom could be changed so that they would
conform to his decree and any other decrees he might make in the future.
The decree has never been properly repealed, making the state of emergency the longest in
African history.
According to the Swaziland United Democratic Front, one of the more vocal opposition
groups on Swaziland, The decree criminalised political activity, saw the banning of political
parties and the introduction of a system of governance benefitting a few elites and their
cronies; all at the expense of the majority of Swazis who continue to languish in poverty,
underdevelopment and perpetual neglect.
In recent years the 12 April anniversary has been met with street protests and other
demonstrations.
In 2014, police illegally abducted prodemocracy leaders and drove them up to 30 kilometres
away, and dumped them to prevent them taking part in a meeting calling for freedom in the
kingdom.
Police staged roadblocks on all major roads leading to Swazilands main commercial city,
Manzini, where protests were to be held. They also physically blocked halls to prevent
meetings taking place. Earlier in the day police had announced on state radio that meetings
would not be allowed to take place.
In 2012, four days of public protest were planned by trade unions and other prodemocracy
organisations. They were brutally suppressed by police and state forces and had to be
abandoned.
In 2011, a group using Facebook, called for an uprising to depose the present King, Mswati
III. State forces took this call seriously and many prodemocracy leaders were arrested. Police
and security forces prevented people from travelling into towns and cities to take part in
demonstrations. Again, the protests were abandoned.
See also
SWAZILAND BECOMING MILITARY STATE
122
Swaziland Apartheid shame revealed

26 June 2015
During the height of the Apartheid era, Swaziland lobbied the US and UK Governments not
to support economic sanctions on South Africa, a confidential communication from 1978 has
revealed.
The then Swazi Prime Minister Maphevu Harry Dlamini said the sanctions would be
disastrous for the Swaziland economy.
The information contradicts the present-day belief that King Sobuza III and his Swazi
Governments were stanch supporters of the struggle for freedom in South Africa during the
Apartheid era.
Dlamini was said to have pleaded strongly with the US and UK not to support sanctions.
This was revealed in a confidential electronic telegram sent from the United States State
Department on 7 November 1978. It was distributed to the UK, Zambia, Mozambique and
France.
The electronic telegram said, During 30-minute meeting in his office November 2, Prime
Minister pleaded strongly with UK and US reps to urge our governments to prevent adoption
of UN sanctions against South Africa, especially on oil, on ground that sanctions would be
not only suicidal for Swaziland but also extremely detrimental to blacks.
The writer of the cable, who was not named, but was likely to be the US Ambassador to
Swaziland said the US and UK representatives at the meeting agreed to seek clarification of
positions from their governments soonest.
The confidential message added, In unprecedented move, Prime Minister Maphevu
summoned British High Commissioner and me jointly to his office November 2 for urgent
approach on issue of UN sanctions against South Africa.
Prime Minister said that from series of telexes and telecons from Swazi UN representative
Malinga, he understood that United Nations was on brink of voting on sanctions issue and
that Western powers, possibly reflecting disenchantment with South Africas posture on
Namibian election question, were leaving impression in New York that they might not repeat
not veto a sanctions resolution.
Although worried about effect that any kind of sanctions would have on Swazilands
economy, Prime Minister was principally concerned about oil sanctions.
Prime Minister said he did not have to remind UK and US reps in Mbabane, who saw
situation first-hand, how dependent Swaziland economy is on South African economy.
Oil sanctions would be disastrous for Swaziland.
123
He added that one could be sure that not only Swazilands population, but also blacks in
South Africa itself, would be the first to feel the pinch if sanctions were imposed; he gave the
example of black entrepreneurs in South Africa, who he said would certainly be treated far
less favorably by South African authorities when rationing began.
Several times in his forceful half-hour presentation the Prime Minister talked as spokesman
for blacks in all of Southern Africa and not merely for Swazis.
He said sanctions would be indirect killing of black people in Southern Africa.
For Swaziland to vote for sanctions would be suicidal.
Prime Minister asked rhetorically which black leaders in South Africa itself would support
sanctions. He hoped that Western policy-makers were not taking advice from blacks who
left South Africa ten to twenty years ago and who are now living comfortably in Europe and
America.
He downplayed any hard-line advice that might be given by front-line leaders, who continue
their own economic dealings with South Africa (as Swaziland does) because there is no
alternative to such cooperation; he cited Zambian railroad move as one recent example.
Maphevu Harry Dlamini was Prime Minister of Swaziland from 31 March 1976 until his
death on 25 October 1979.
The telegram was classified confidential when it was written in 1978, and was declassified in
2014. It is now publicly available through the Wikileaks Public Library of US Diplomacy.
Asylum seekers to be deported
12 April 2015
Somali asylum seekers living in Swaziland who complained that they were being starved and
forced to work in fields without pay are to be deported from the kingdom.
Swazi Minister of Foreign Affairs and International Cooperation Chief Mgwagwa Gamedze
had said in March 2015, the refugees were lucky not to be deported.
Seven refugees reportedly left the Malindza reception centre they were housed in and set up
camp close to one of King Mswatis 13 palaces at Ludzidzini.
Now, a Court in Mbabane has given the refugees 14 days to leave the kingdom and return to
Somalia. The court heard that the men entered Swaziland illegally, failed to obey orders of
the Ministry of Home Affairs to live at Malindza and used open land as a toilet.
In January 2015 Mowlid Omer Warsame, one of the refugees, was reported in the Swazi
Observer newspaper saying the living conditions in Swaziland were so unbearable they
found it better to go and die in the warfront in their home country than in a foreign land.
124
See also
SWAZI GOVT SNUBS STARVED REFUGEES
Sex starved Swazi men rape children

30 June 2015
Swaziland police reported there were nearly 1,000 cases of child sex abuse reported between
January 2014 and May 2015.
But this nothing new. Swazi culture condones sex abuse of children, especially young girls,
and there is little evidence that this is going to change.
In the twisted culture that is Swaziland, child rapists often blame women for their action.
The State of the Swaziland Population report revealed that women who sexually starve their
husbands are responsible for the growing sexual abuse of children.
Men who were interviewed during the making of the report said they salivate over children
wearing skimpy dress codes because their wives refused them sexual intercourse.
In Swaziland it is estimated that one in three girls suffer sexual abuse, but it is thought that
fewer than half of sexual assaults and other abusive crimes are reported to the authorities.
The State of the Swaziland Population report went on to say that Swazi men also blame
modernisation for giving women and girls the idea that they do not need to obey their
menfolk.
The report stated, They blamed the current generation of children for their inquisitorial
minds, saying they always ask why? and why not? They were not content with counselling
words from adults. They concluded that these were the negative impacts of education on
behaviour.
In Swaziland rape is against the law but there is no specific law about rape within marriage.
The United States Department of State report on human rights in Swaziland looking at 2014
stated, Rape was common, and the government did not always enforce the law effectively.
According to the Swaziland Action Group against Abuse (SWAGAA), one in three girls and
women between the ages of 13 and 24 had been the victim of sexual violence. Although
legally defined as a crime, many men regarded rape as a minor offense. According to the
2013 RSPS [Royal Swaziland Police Service] annual report, 495 rape cases were reported
that year. There were no data available on the number of prosecutions, convictions, or
punishments.
125
The number of reported cases was likely far lower than the actual number of cases, as many
cases were dealt with at the family level. A sense of shame and helplessness often inhibited
women from reporting such crimes, particularly when incest was involved.
The maximum sentence for aggravated rape is 15 years in prison, but the acquittal rate for
rape was high, and sentences were generally lenient.
Prosecutors reported difficulty obtaining the evidence required to bring rape and domestic
violence cases to trial because witnesses feared testifying against accused rapists. There were
few social workers or other intermediaries to work with victims and witnesses in order to
obtain evidence.
See also
SWAZI CHILD RAPE IS NOT UNUSUAL
INVESTIGATE PRINCE FOR CHILD SEX
126
ABOUT THE AUTHOR

Richard Rooney was associate professor at the University of Swaziland 2005 2008, where he was
also the founding head of the Journalism and Mass Communication Department.
He has taught in universities in Africa, Europe and the Pacific. His academic research which
specialises in media and their relationships to democracy, governance and human rights has appeared
in books and journals across the world.
His writing regularly appears in newspapers, magazines and on websites. He was a full-time journalist
in his native United Kingdom for 10 years, before becoming an academic.
He has published the blog Swazi Media Commentary since 2007 and also has other social media sites
that concentrate on human rights issues in Swaziland.
He holds a Ph.D in Communication from the University of Westminster, London, UK.

He presently teaches at the University of Botswana, Gaborone.
127
Publications from Swazi Media Commentary available online free-of-charge
BOOKS
2013. The beginning of the End? 2012, a year in the struggle for democracy in
Swaziland
This compilation of newsletters from Africa Contact in collaboration with Swazi Media
Commentary contains an assortment of news, analysis and comment covering the campaign
for freedom in Swaziland throughout 2012. These include the Global Action for Democracy
held in September; campaigns for democracy spearheaded by trade unions and students and
the continuing struggle for rights for women, children, gays and minority groups.
2012. The End of the Beginning? 2011, a year in the struggle for freedom in Swaziland
This book looks at activities in the freedom movement in 2011. It starts with a section on the
unsuccessful April 12 Uprising followed by separate chapters looking at events in each
month of 2011, including the Global Week of Action held in September. They also highlight
the numerous violations of rights suffered by the poor, by children, by women and by sexual
minorities, among others, in the kingdom.
2011. Voices Unheard: Media Freedom and Censorship in Swaziland.

This volume of pages from Swazi Media Commentary focuses on media freedom and
censorship. It starts with some overview articles that set out the general terrain, moving on to
look at repressive media laws. Other sections of this book relate the daily threats journalists
in Swaziland face when they want to report, but are not allowed to.
128
OCCASIONAL PAPERS SERIES

No. 1. 2013. Cynicism Eats Away at Swaziland Journalism: The State of Swazi
Journalism, 2013
One thing that shines out about journalists and their editors in Swaziland is the deeply cynical
way they operate. Swazi journalists claim to be upholders of fine ethical traditions of honesty
and inquiry, but instead they are often publishing lies or playing with readers emotions to
boost company profits.
This article explores the state of newspaper journalism in Swaziland, a small kingdom in
Africa, ruled over by King Mswati III, sub-Saharan Africas last absolute monarch. Editors
are deliberately misleading their readers by publishing material that is intended to provoke
controversy and reaction, even though they know it also contains lies. This is done in order to
boost profits for owners.
No. 2. 2013. Swaziland Broadcasting Not For The People
A review of broadcasting in Swaziland that demonstrates through research that radio in the
kingdom only serves the interests of King Mswati III and his intimate supporters. All other
voices are excluded from the airwaves. The paper contrasts a public broadcasting service
with public service broadcasting and demonstrates that changes in the kingdoms
broadcasting cannot be made until it becomes a democratic state.
No. 3. 2013. Swaziland Media Need Code of Conduct for Covering Elections
A review of how media have covered past elections in Swaziland highlighting a number of
areas for improvement. The paper includes a suggested code of ethical conduct that Swazi
journalists can adopt in order to improve performance.
No.4. 2013. Swaziland Press Freedom: The case of Bekhi Makhubu and the Nation
magazine
In April 2013 Bheki Makhubu the editor of the Nation magazine and its publishers,
Swaziland Independent Publishers were convicted of scandalising the court after two
articles criticising the judiciary were published in 2009 and 2010. The purpose of this paper is
to bring together details of the story so far (May 2013). It is an attempt to bring under one
cover all the available information on the case in order to assist those people in the future
who might need a quick primer.
No.5. 2013. Media Coverage of Swaziland Election 2013.
A review of media coverage of the Swaziland national election, most notably in the only two
newspaper groups in the kingdom, and at international media. It notes that generally
newspapers in Swaziland ignored the real issue, that of the non-democratic nature of the
elections, and concentrated instead on trying to justify the governance system to their readers.
129
SWAZILAND: STRIVING FOR FREEDOM

PREVIOUS EDITIONS
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Volume 17: January to March 2015, is available free of charge here
OTHER VOLUMES
Volume 1, Jan 2013, is available free of charge here.
Volume 2, Feb 2013, is available free of charge here.
Volume 3, March 2013, is available free of charge here.
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Volume 5, May 2013, is available free of charge here.
Volume 6, June 2013, is available free of charge here.
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Volume 8, August 2013, is available free of charge here.
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Volume 12, December 2013, is available free of charge here
130
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1 CHIEF JUSTICE SACKED

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Swazi CJ: impeachment charges made

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It is not known who is negotiating and about what.

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4. The Chief Justice Michael Ramodibedi is guilty of serious misbehaviour in that on or

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the hearing to be conducted by the Judicial Service Commission (JSC) declared

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Chief Justice runs to Supreme Court

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The hearing is expected to take place on Friday (12 June 2015).

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New Justice Ministers contempt

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latest move in Swazilands ongoing judicial crisis.

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Jurists: Deep flaws injustice system

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3 HOUSE SPEAKER SUSPENDED

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4 KINGS PRIVATE JETS SCANDAL

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Revealed: Details of Kings new jet

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