King Mswati III: Release Thulani Maseko and Bheki Makhubu
Messrs Thulani Maseko and Bheki Makhubu were arrested by the Royal Swaziland Police Service on Tuesday 17 March 2014, and have been detained for over four months.
According to our findings, Mr Maseko is charged with “scandalising the judiciary and contempt of court”. Mr Maseko’s arrest arises out of his exercise of freedom of expression through newspaper articles that he has authored, including articles critical of the continued retention of Mr Michael Ramodibedi, the man who ordered Mr Maseko’s arrest, as Chief Justice of Swaziland. It should be noted that the Chief Justice at present faces impeachment proceedings in Lesotho.
This is not the first time Mr Maseko has been arrested and detained for exercising his right to freedom of expression. In 2009 he was arrested, detained and charged with subversive activities. However, his trial was never brought to finality. His arrest and detention is aimed more at intimidating him and others, than at instituting a case against him that will withstand a fair and open trial before an impartial and independent judge.
On 17 July 2014, Thulani Maseko and Bheki Makhubu were convicted of contempt, in a sham trial and in flagrant disregard for their human rights, particularly, the freedom of expression.
This conviction and continued detention violates Swaziland’s national and international obligations. The Swaziland Constitution (of 2005), provides for the rights of persons deprived of their personal liberty (in article 16): legal representation of their choice, trial without delay, and unconditional release under reasonable conditions. Swaziland is a state party to the African Charter on Human and Peoples’ Rights (African Charter), which guarantees the right to a fair trial. The African Commission on Human and Peoples’ Rights, the African Union's monitoring body over the Charter, has indicated that the right to be released on bail, the right to counsel and to a public trial are all guaranteed as part of article 7 of the Charter. All these guarantees were denied Thulani Maseko and Bheki Makhubu.
We all strongly demand that:
- Messrs Thulani Maseko and Bheki Makhubu be released immediately;
- That the conviction be expunged;
- That sentencing should not be carried out;
- That measures be taken to ensure that freedom of expression is safeguarded in Swaziland.
For more information, please see:
http://www.chr.up.ac.za/index.php/centre-news-a-events-2014/1343-centre-for-human-rights-calls-on-south-africa-government-to-ensure-university-of-pretoria-graduate-is-released.html