Swaziland@Newsletter 65
Published by Africa Contact (Denmark)

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1. Swazi widows excluded from voter registration. Swaziland Coalition
of Concerned Civic Organisations (SCCCO), 18 May 2008.

2. Swazi Elections Commission?s double talk. Swazi Media Commentary 19
May 2008 www.swazimedia.blogspot.com

3. Suspect terrorists are in for a shock. Times of Swaziland, Arthus
Mordaunt, 14 May 2008.

4. SADC briefs the king on defence and security. Njabulo Dlamini.
Weekend Observer (Swaziland), May 18, 2008.

5. Lie on your own bed, says the Attorney General. Swazi Observer May
18, 2008.

6. Hannie Dlamini: "You need to trust your loved ones". Plus News
(IRIN) 20 May, 2008.

7. 'Brand people with HIV'. Donny Nxumalo, The Swazi Observer, May 21 2008.


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1. Swazi widows excluded from voter registration. Swaziland Coalition
of Concerned Civic Organisations (SCCCO), 18 May 2008.

It has come to the attention of the Swaziland Coalition of Concerned
Civic Organisations that Election Registration Officers are ignoring
or flouting election law. We are aware of at least two occasions in
Nlhangano alone that widows in mourning have been turned away from
voter registration for the sole reason that they are widows in
mourning dress. There is no such exclusion in the 1992 Voter
Registration Order and so it is apparent that the Registering Officers
are not adequately trained on their duties, or worse, they are fully
trained but are deliberately flouting the law.

We demand that the Elections and Boundaries Commission exerts its
independence and issues clear instructions that the only law that is
applicable is the 1992 Voter Registration Order read in light of the
Constitution and that traditional customs have no place in Voter
Registration. We further demand that the Commission fully
investigates these matters and takes clear reparatory actions: namely

- Issuing a clear apology to the offended parties.

- Processing their registration as a matter of urgency.

- Investigating the nature of the actions - is it lack of knowledge or
lack of regard?

- Suspending the registration process so that registering officers may
be adequately trained.

- Retraining registration officers on the current law.

It has been obvious from the outset that Commission appointment,
qualifications, competence and experience are all outside the letter
and the spirit of the Constitution. This illegal exclusion of the
widows is just the latest in a series of gaffes where the Commission
has ignored and flouted the law, the constitution, common sense and
good practice. How many more blunders does it take before the
Commission realises how far out of its depth it is and does the
honourable thing and resign.

The Election and Boundaries Commission and the Department of Justice
and Constitutional Affairs? disregard for the rule of law and
Parliamentary Independence have shown the true colours of the
Commission. It is just as obvious that in recent closed meetings with
traditional authorities that its appearance of independence is fatally
compromised. This is not an independent rigorous, well organised and
technically capable commission but a toothless rubberstamp for
labadzala, nothing more, nothing less.

Statement issued by Musa Hlophe, Co-ordinator Swaziland Coalition of
Concerned Civic Organisations (SCCCO).
__________________________________

2. Swazi Elections Commission double talks. Swazi Media Commentary 19
May 2008 www.swazimedia.blogspot.com

Political parties are legal in Swaziland, but they are not allowed to
compete for political office.

That is according to Chief Gija Dlamini, the chair of the Swazi
Elections and Boundaries Commission (EBC).

This is the same man who previously said that when the Swaziland
Constitution talked about allowing freedom of association it meant
freedom to join a soccer club, not to form a political party.

Chief Ginja is under attack in pro-democracy circles in Swaziland for
being unsuitable for the position of chair of the EBC. Chief Gija is
variously described as 'an electrician' or an 'electrical engineer',
when the Swazi Constitution states that the EBC chair ought to be a
senior judge.

Chief Gija's latest remarks were reported in the Times Sunday
yesterday (18 May 2008). The newspaper reported that a distinguished
political expert from the United States (with senior experience in
states of the former Soviet Union) had met this week with the EBC and
concluded 'that they did not understand how political parties operate'.

The Times Sunday reported that Dr Robert Herman, Director of Programs
at Freedom House, 'had a tough time, trying to solicit their views on
what they thought of democracy, human rights and elections'.

The Times Sunday reported, 'During a press briefing on Friday Dr
Herman explained that members of the EBC told him that political
parties were not good for Swaziland because they caused wars and
pointed to the situation in Kenya as a perfect example.'

The report continued,

'Dr Herman said having spoken to a number of different spectrum of
society in Swaziland, he came to the considered view that Swaziland
was not a democracy and that a lot needed to be done in that regard.

'He said that after learning that this country was to go to the polls
later this year, he met the EBC and when he spoke to them he got the
impression that they did not understand how political parties operate.'

The Times Sunday also reported, 'Gija said he assured Dr Herman that
political parties do exist in Swaziland, but it's that they cannot
compete for political office.'

The issue of the legality or otherwise of political parties in
Swaziland has been receiving a lot of attention in the newspapers
recently.

In the same edition of the Times Sunday (18 May 2008) King Mswati
III's Private Secretary Sam Mkhombe is quoting saying that political
parties are allowed in Swaziland.

'He challenged all those who say political parties are banned to show
him the piece of legislation which prohibits political parties to
operate in the country,' the newspaper said.

One might add to this challenge a further challenge to Chief Gija to
prove that if political parties are allowed to exist in Swaziland what
is it that prevents them from standing in the election?

Mkhombe's assertion that political parties are allowed in Swaziland
follows a similar statement reported in the Swazi Observer (5 May
2008) from the kingdom's Attorney-General (AG) Majahenkaba Dlamini to
the effect that the constitution allows political parties.

The Observer reported that his audience of human rights activists
greeted the AG's remark with disbelief.

As well they might. Vusi Sibisi, writing in the Times Sunday (18 May
2008) makes a very valid practical point that the Swazi government has
not put in place the legal framework that allows political parties to
be registered and to operate.

I doubt that political parties would be allowed to meet to discuss the
election. Here's a challenge of my own. Why doesn't a group in
Swaziland call itself a political party and then announce that it is
to hold a public meeting at which it will announce its candidates for
the forthcoming election and also outline its manifesto for the coming
elections.

Let's see how far they get in Swaziland's unique democracy.

There was another very sinister story in the Times Sunday (18 May
2008) regarding the elections. It is reported that the King's advisory
council, Liqoqo, summoned the Justice and Constitutional Affairs
Minister Prince David to them to explain why the EBC thought it had
the right to decide on the date of the election when this was the
preserve of the king.

Has nobody at Liqoqo read the constitution?
_________________________________

3. Suspect terrorists are in for a shock. Times of Swaziland, Arthus
Mordaunt, 14 May 2008.

People suspected of being terrorists are in for tough times as police
will have the power to arrest them without any warrant.

This will happen in the event the Suppression of Terrorism Bill, 2008
is passed into law as it is.

The proposed legislation, in Section 22, gives police the power to
arrest anyone who has committed or police have reasonable suspicion
that he might have committed a terrorist act.

The Bill further gives the power to the police to detain suspects
suspected to be involved in terrorism or anyone suspected of
disturbing investigations for two days. However, a prior order has to
be obtained from the High Court through the office of the Attorney
General.

The two days can also be extended to seven in the event the police
have still not concluded their investigation. If this is done though,
the order shall specify the detention areas and the conditions under
which the suspect shall be detained. There shall be video recording of
the detention and conditions on how patients could have access to
government doctors.

The police will also be able to apply for orders for gathering
information. This too involves an application to a judge of the High
Court.

This will be done when there are reasonable grounds to believe that an
offence has been committed and information that may reveal the
whereabouts of a suspect(s) is likely to be received through the order.

It may also be sought in the event the suspect is believed to have
direct information and material relating to an offence

Link: http://www.times.co.sz/002.html

__________________________________

4. SADC briefs the king on defence and security. Njabulo Dlamini.
Weekend Observer (Swaziland), May 18, 2008.

Executive Secretary of the Southern African Development Community
(SADC) Dr Tomaz Augusto Salomáo on Thursday this week paid a courtesy
call on His Majesty King Mswati III.

The visit was mainly to brief the King on progress made by the Organ
of Politics, Defence and Security ahead of him assuming the position
of chairmanship.

His Majesty is the substantive deputy chairman of the organ, which is
chaired by Angolan President Josè Eduardo dos Santos but the King is
expected to assume the chairmanship post soon. The King was also
briefed on issues that were pending within the organ, said Minister
of Foreign Affairs and Trade Mathendele Dlamini who further urged the
nation to rally behind His Majesty as he carries the daunting
challenge mandated by SADC.

?He has a huge challenge as Swaziland?s Head of State but SADC
leadership have further entrusted him with the responsibility of being
deputy chairperson to the organ of politics, defence and security
which is another mammoth task.

"We, therefore, urge the nation to pray for the King especially
because his position entails being a mediator in times of political
crisis in the SADC states", the minister said.

Information sourced from the SADC website states that the organ of
security and defence was established in November 2000 in Harare,
Zimbabwe following a council of ministers report.

The organ is co-ordinated at the level of summit on a Troika basis and
reporting to the chairperson of SADC. The chairperson of the organ is
on a rotation basis for a period of one year. The Member State holding
the chairpersonship of the organ provides the secretariat services.
The chairperson of the organ shall not simultaneously hold the chair
of the Summit.

___________________________

5. Lie on your own bed, says the Attorney General. Swazi Observer May
18, 2008.

Attorney General Majahenkhaba Dlamini said political parties and trade
unions placed themselves in a situation in which they found themselves
excluded from the process of making the country?s constitution.

The Attorney General was addressing a Supreme Court full bench
yesterday in a matter in which the political formations and unions
(appellants) are challenging the constitution.

Dlamini said it was a position which the progressives took presumably
on principle, rightly or wrongly.

He submitted that they submitted their right not to participate on the
terms as provided.

"They exercised an option as they saw the situation", he said.

The AG argued that in participating as required, the political
parties/trade unions would not have been compelled to be anything
other than their individual, natural or selves.

He told the Supreme Court that the appellants should not complain for
having exercised what they considered to be an option open to them.

"It is not as if there was no other way, they had their cake; they ate
it", he contended.

The full bench comprised of Justices Tebbutt, Zietsman, Romodibedi,
Ebrahim and Froscroft.

The progressives are National Constitutional Assembly-Trust, Peoples
United Democratic Movement, Ngwane National Liberatory Congress,
Swaziland Federation of Trade Unions, Swaziland Federation of Labour
and the Swaziland National Association of Teachers.

The respondents include Prime Minister Themba Dlamini, Justice and
Constitutional Affairs Minister Prince David, Chairman of the
Constitution Drafting Team, Senate President Gelani Zwane and
Parliament Speaker Prince Guduza.

The AG said the Constitution Review Commission (CRC) and the
Constitution Drafting Commission (CDC) did not flout any provision
relevant to constitution-making process.

He submitted that there was no rule of law binding on CRC and CDC to
ensure that the appellants were included in the constitution-making
process.

"It was enough that the appellants in their individual capacity like
everyone else could take part in the process", he submitted. The AG
also submitted that the progressives cannot have a legal standing for
the challenge they had launched, whatever may be the position in other
countries.

He argued that there was no statutory basis for their claim.

"The claim cannot be based on the common law nor is it an inherent
human right. And it should be remembered that Swaziland is a Kingdom,
not a Republic", Dlamini contended.

"In general, the court has no power to review any part of the
constitution. The reason for this must be obvious. The court is itself
a creature of the constitution.

"Where the court may review the constitution, it would be most
reluctant to declare any part of the constitution as void.

"Of the cases cited by the appellants, none is to the effect that the
court can nullify an entire constitution in the normal course of the
function of the court.

"Where constitution provisions seem to be in conflict, the court will
do its best to harmonise the operation of those provisions".

Judgement has been reserved.

__________________________________________

6. Hannie Dlamini: "You need to trust your loved ones". Plus News
(IRIN) 20 May, 2008.

Hannie Thulasiwe Dlamini is approaching 40 years of age, a feat most
people in Swaziland considered impossible when he became the first
person in the country to publicly declare his HIV-positive status in
1995.

"By profession I am a builder. I graduated from school in 1990 and
started working in 1991. I was sick, I couldn't get better. I went to
see a doctor and the doctor informed me I must do a test. He told me
it was for HIV.

"I had heard about AIDS, but did not think this was my problem -
nobody ever said they were HIV positive; it had never happened. The
health ministry said there was AIDS in Swaziland, but where were the
people with AIDS? In the hospital posters there were these thin
people, but they were foreigners, they were not Swazis. Nobody knew
anything about AIDS.

"I went to get the test because the doctor was pushing me to take it.
It came back that I was positive for HIV. That was June 1991. I was
quiet about my status for some time - I refused to believe I was HIV
positive. I got married in 1992, and I was still quiet. I didn't tell
my fiancé.

"All this time there was a woman at The AIDS Support Centre in Manzini
[Swaziland's commercial hub]. She was writing me letters all the time,
asking me to come in for counselling. I refused, but she kept writing.

"Finally, in 1993 I went to see her. There was a meeting with other
people who were HIV positive; there were eight of us. We formed a
group called Swaziland AIDS Support Organisation (SASO). No one had
done this; there was no place for HIV-positive people to turn for
information and understanding.

"It was then I got the courage to tell my wife. I declared to her in
1994. There was such a stigma to HIV that her parents insisted she
leave me and come home, but she refused. She told my in-laws that she
loved me as I am.

"Because of SASO I was invited to a meeting in Cape Town. The UN was
bringing together HIV-positive people, and I heard how important it
was for a country to have its people declare their HIV status. I told
the world, and I came back from Cape Town a changed person.

"SASO spread all over the country and gave birth to many organisations
that do support work in Swaziland. I put my effort every day into
SASO. But it was very hard; I was stigmatised by my family because of
my status.

"Today it is still very hard for HIV-positive people, even those
working for the health department don't declare [their status] because
of the stigma attached. We can see people who have a problem with HIV;
they are not well. They may be educated, but still they don't come out
so it is hard to get them help.

"The way I see it, people like me and some other people need to come
together and find a way to reach out to people. Because I am
HIV-positive, I know what it means, and what people like me need. I
can see faults in the health system, I visit the clinics. I am not
paid to do this - I still earn my living as a builder - but I have to
go and find out things.

"I find the clinics don't have up-to-date information. What they know
and tell people is insufficient. There are ways to take ARVs that are
important, but these ways are not always known by the counsellors.
They have general information, but people's questions can be specific.

"My wife is a changed woman. To me, she is a different person from the
woman I married - she is an AIDS activist. We work side by side. She
is the founder of Manzini's AIDS clinic; we work in offices close by.
All of this is because she wanted to stand by her man.

"I think you need to trust your loved ones. People don't get tested
for HIV because they fear what others will say and do. But if you give
your loved ones a chance, you will be surprised by their courage and
their love for you."
______________________________

7. 'Brand people with HIV'. Donny Nxumalo, The Swazi Observer, May 21 2008.

University of Swaziland lecturer Dr. Eliot Tofa has called for AIDS
sufferers to have identification marks on their bodies to show
everyone they are living with the disease.

Dr. Tofa, who is a lecturer for Theology and Religious Studies, said
the branding should be on a thigh or on his or her back. He
argued that prevention interventions to stop the spread of the disease
have failed dismally.

He mentioned that abstinence, behaviour change or the use of the
condom have done little to stop the spread of Aids.

"I suggest a fourth intervention and complementary method that coerces
people to develop the will - BRANDING!" He said branding would compel
what he termed sero-suppressed patients to shy away from having sex
with the branded sufferers. The "danger warning sign" would hazard
the jeopardy of over-speeding or jaywalking in that zone".

Dr. Tofa noted that ARVs prolong life, saying the danger here is that
children with HIV may live long and engage in unprotected sex, and in
the process ignite the mutation and transmission of the disease.

He said even if some may think he is not in his right mind, he still
believes the benefits of branding are hundredfold.

"The question of human rights and democracy does not apply here
because this does not break rights but slightly bends the law for
the greater good.

"It must be noted that the advent of ARVs has brought ?dangers? of
reversing the SIGNS associated with HIV and AIDS, e.g. frightening
genital diseases, which have the potential to scare away acrobats.
Moreso, they also suppress clinical signs associated with this
decimating disease.

"The short of it is that HIV and AIDS have signs or symptoms known in
medical circles.

"Now the point is, once it is known that a person has tested HIV
positive, it is devastating to conceal that to innocent and sexually
active lay people. Even in the scriptures we read that God put a sign
on Abel so that he could not fall victim of people with or of evil
intentions (Genesis 4:15)."

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