SWAZILAND@NEWSLETTER 31
PUBLISHED BY SOUTHERN AFRICA CONTACT (DENMARK)

Earlier issues and full text of statements by the democratic movement in
Swaziland can be read at
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1. All 15 bomb suspects free. Senzo Dlamini, Times of Swaziland, 15 March
2006.

2. Prosecution fails to link democracy activists to bombings. Released on
bail. 10 March 2006 (SAPA/AFP).

3. Notes from court. South African advocates desert prosecution team
(Times of Swaziland, 8 March 2006). Constitution bars appeal by
prosecution (The Swazi Observer, 8 March 2006.) Swazi activists claim
torture (9 March 2006, news24.com/SA). Commission of inquiry on alleged
torture of suspects (Times of Swaziland, 11 March 2006).

4. The ground becomes hard and barren. Lack of agricultural inputs,
drought, driving rural poverty, 9 March 2006 (IRIN).

5. Threat to media in Swaziland. Newspaper ordered to pay crippling fines
in defamation lawsuits. Media Institute of Southern Africa (MISA),
Windhoek, 13 March 2006.

6. Document: International Monetary Fund. Restructuring and privatization
of public enterprises. IMF Executive Board concludes 2005 Article IV
Consultation with Swaziland. Public Information Notice (PIN) No. 06/19,
2006

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1. All 15 bomb suspects free. Senzo Dlamini, Times of Swaziland, 15 March
2006.

MANZINI – The Caritas Catholic Centre in Manzini reverberated in political
song following the release of the remaining bomb suspects yesterday
afternoon.

The 12 members affiliated to both PUDEMO and SWAYOCO regained their
freedom from Sidvwashini and Matsapha Maximum Correctional Institution,
respectively.

The quartet of Mfanawenkhosi Mntshali (29), Sipho Hlophe (31), Kenneth
Mkhonta (36) and Mfanufikile Gibholo Nkambule (21) shouted at the top of
their voices and chanted VIVA PUDEMO VIVA, VIVA SWAYOCO VIVA, as they
vacated the Sidvwashini Correctional Institution at around 3pm.

The likes of Mphandlana Shongwe, Mduduzi Mamba, Brian “Slovo” Shaw, Sicelo
Mkhonta, Wandile Dludlu, Goodwill du Pont Themba Mabuza and Sipho Jele
punched the air with clenched fists as they left the Matsapha Maximum
Prison.

The trio of Ignatius “IB” Dlamini, Robert Nzima and Vusi Shongwe regained
their freedom last Saturday. High Court acting Chief Justice Jacobus
Annandale, last Friday, granted bail to the 15 suspects.

Annandale granted each of them E5 000 bail but it was reduced to E3 000 in
cash on Monday.

The 12 suspects could not leave the prison walls on Monday as PUDEMO
leadership and its lawyers were still busy sorting out the liberation
warrants.

PUDEMO President Mario Masuku, addressing an impromptu press conference at
the Caritas Centre yesterday afternoon, said the incarceration of the
their comrades has left what he termed as an indelible mark in the
political history of the King- dom.

“Now you’re better people in terms of political struggle,” stated Masuku
much to the delight of the over 40 political activists who attended the
press briefing including the freed bomb suspects.

-----------------

2. Prosecution fails to link democracy activists to bombings. Released on
bail. 10 March 2006 (SAPA/AFP).

Mbabane - A judge in Swaziland on Friday granted bail to 16 opposition
members accused of carrying out a string of fire bombings in the kingdom
to protest the rule of King Mswati.

Mbabane High Court Judge Jacobus Allandale said that the prosecution had
failed to make a convincing case against the 16 men who are members of the
banned opposition People's United Democratic Movement (PUDEMO), which
wants an end to Mswati's autocratic rule.

Mswati, who ascended to the throne nearly 20 years ago, lives in luxury
with 13 wives while most of the population struggles with abject poverty,
food shortages and high rates of Aids.

"In light of the submissions by the crown before this court, I find it
difficult to deny the applicants bail," said Allandale.

"The crown has failed to prove the link between the applicants and the
bombings. The crown could have produced fingerprints or even a witness who
saw the people when they carried out the bombings, but that never
happened."

He ordered the 16 to pay bail of 5000 lilangeni (US $800) each, to report
to police once a week and hand over their passports to authorities.

Allandale also ordered the prime minister and justice minister to set up a
commission of inquiry into allegations of torture and beatings while in
detention.

His ruling was greeted with cheers from the courtroom packed with
relatives, friends and supporters of the defendants.

PUDEMO president Mario Masuku said that his party had enough funds to pay
the bail of three of those detained and secure their immediate release but
that the remaining 13 would likely be freed on Monday.

Arrested during sweeps in December and January, the men are accused of
high treason and could face the death penalty for allegedly carrying out a
series of fire bombings on government offices and the residences of senior
government employees since October.

Two schools and homes at a police camp have also been targeted in arson
attacks since January in the small mountainous country wedged between
South Africa and Mozambique.

No trial date has been set in the case, and it was now up to the state to
decide whether to proceed with the charges following the bail ruling.

Allandale ordered the government to investigate allegations that at least
12 of the accused were beaten, including three who were allegedly attacked
in their cells late Wednesday by some 50 prison warders.

The judge said the findings must be made public.

------------------

3. Notes from court

South African advocates leave prosecution team. Sonnyboy Fakudze, 8 March
2006 Times of Swaziland.

MBABANE – After having previously stated that she is ready to proceed with
the bail hearing of the 16 suspect bombers, Acting Director of Public
Prosecutions Mumcy Dlamini, was forced to plead and beg for a postponement
yesterday.

This was after the two South African advocates, who were supposed to
represent the state in the case yesterday withdrew from the matter – three
hours before it could be heard in the High Court.

The withdrawal of the advocates, Dr. Len Els (SC) and Advocate Anthony
Viviers put the state’s case into total disarray. No substantive reasons
as to why the advocates have withdrawn from the case were given to the
court by the Office of the Director of Public Prosecutions (DPP).

The acting DPP moved an application before the acting Chief Justice,
Jacobus Annandale to have the matter postponed until the end of March, but
the application was dismissed.

Constitution bars appeal by prosecution. Sabelo Mamba, The Swazi Observer
8 March 2006.

Acting Chief Justice Jacobus Annandale cited a provision in the country’s
constitution which he said made it impossible for the Acting Director of
Public Prosecution to appeal the dismissal of an application to postpone a
high treason case involving 17 suspect bombers.

Justice Annandale made the remarks following an application by acting
Director of Public Prosecutions Mumcy Dlamini for a leave to appeal to the
judge president of the Court of Appeal in protest against his (Acting CJ)
decision not to grant her an order postponing the bail hearing.

She told the Acting CJ that she was not ready to proceed with the matter
because two senior counsels had withdrawn their services.
“I have come to this court as a witness, but I’m told that I should now
argue this matter,” she said.
“We did not have enough time as the State to prepare for this matter,
hence rights of the State are being infringed. We are talking about the
State here.
“The Head of State is not legally represented. The scales of justice must
be balanced, hence my application for a leave to appeal to the judge
president.”

In response, the Acting CJ said there was currently no office of the Judge
President or Court of Appeal following the adoption of the new
constitution.
“There is a section in the new constitution to the effect that any office
not mentioned in the clause, that office is abolished. There is currently
no office of the Judge President or the Court of Appeal.”

SABC News 9 March 2006 reports:
Mario Masuku, the Pudemo leader, says the withdrawal (of the South African
advocates) is an indication that the international community is supporting
Pudemo and the people of Swaziland.

"We are thankful to the people of South Africa, thankful to the
international community...(The) government's advocates from South Africa
withdrew their services because they felt it is a shame to represent a
government that is undemocratic, that has no face, that is repressive," he
said.

Percy Simelane, the government spokesperson, says he does not know why the
two advocates withdrew their services.
The Pudemo leadership is seeking proper medical treatment for two of the
15. One is suffering from a gunshot wound.

Swazi activists claim torture. Thulani Mthwetwa. 9 March 2006
(news24.com/SA).

Mbabane - Three political activists accused of a spate of fire bombings
were stripped naked and tortured by 50 prison guards overnight, their
lawyer told Swaziland's high court on Thursday.

Acting Chief Justice Jacobus Annandale ordered that the three - Vusi
Shongwe, Mfanawekhosi Mtjali and Sipho Hlophe - be taken for medical
examination before he decided on Friday on whether they should be granted
bail.

The three were among 16 members of the banned People's United Democratic
Movement arrested in late December in connection with petrol-bomb attacks
on police flats and government buildings.

A lawyer for the men, Bongani Mdluli, said his clients were stripped
naked, slammed against walls and tortured by trainee guards.

Commission of inquiry on alleged torture of suspects. Sonnyboy Fakudze,
Times of Swaziland, 11 March 2006.

Acting Chief Justice, Jacobus Annandale yesterday called upon the Prime
Minister, Themba Dlamini and Justice Minister Prince David to set up a
commission of inquiry to look into the alleged torture of the petrol bomb
suspects in the hands of the police.
The acting Chief Justice also said once the commission of inquiry has
finished with its investigations, it must report publicly of the outcome.

The order by the acting Chief Justice comes after Advocate David Nat
Unterhalter who was representing the suspects disclosed in court that nine
out of the 15 suspects were tortured after their arrests.

Moreover, Advocate Unterhalter said, an additional two individuals, Eric
Dlamini and Sicelo Vilane, alleged that they were taken into police
custody, subjected to physical abuse and torture and forced to make
statements incriminating Ignatius Bonginkhosi “IB” Dlamini and other
leaders of PUDEMO.

He said the affidavits of the petrol bomb suspects and those of Dlamini
and Vilane reflect a consistency in detail as to the type of abuse (i.e.
disorientation, suffocation, beatings), as well as the individuals
involved and the manner in which the statements were taken that, together,
suggest systematic use of torture and other types of undue influence by
the police.

“The affidavits of Mr. Dlamini and Mr. Vilane, in particular, foster the
reasonable apprehension that this practice is ongoing and that the
applicants remain vulnerable directly or indirectly to such abuse.

"Allegations of torture are grave indeed. Torture is specifically
prohibited under the Swaziland new constitution in Section 18 (2),” said
the South African based advocate.

On Thursday, the suspects’ instructing attorney Bongani Mdluli told the
court that three of the petrol bomb suspects were assaulted at the
Sidwashini Prison. They are Vusi Shongwe, Mfanawenkhosi Mntshali and Sipho
Hlophe.
Hlophe had to be rushed to the Mbabane Government Hospital as he was
bleeding from his right ear. He had to use a tissue in order to stop the
blood.

---------------

4. The ground becomes hard and barren. Lack of agricultural inputs,
drought, driving rural poverty, 9 March 2006 (IRIN).

Sifiso Mamba waded through his dense, waist-high maize, uprooting every
second stalk. He had planted during a time of optimism over expected rains
in Swaziland, but was now being forced to destroy part of his crop to save
the rest. "My father once had to cull his cattle herd when there was
drought - there was no food for them all. This is the same," said the
tall, 25-year-old father of three.

The plants are green, but the maize cobs are stunted. In order to conserve
the ground's limited moisture, he must thin out his crop in the hope that
the rest will mature.
He farms on communal land in Lavumisa, about 10 km from the South African
border in southern Swaziland. "This is work that makes me feel bad. But
you look around this region and some fields are just gone for good this
year - I have a chance with mine."
It is not just the drought that farmers in this region have been forced to
contend with. About two-thirds of Swazis live in chronic poverty, and it
is this, as much as the weather, that has hit food production.

"I plough with my uncle's team of oxen, but they are not as good as a
tractor. I or my cousin, we man the plough, but we don't have the
tractor's power to push down into the hard earth to make deep furrows. You
can see that the fields that were ploughed with tractors are doing better
than my field," said Mamba.

He blamed politics and corruption for the unequal distribution of
agriculture ministry assets like tractors. The government purchases
tractors that can be rented by small landholder farmers like Mamba, but he
alleged that powerful and influential people were given preference.

"Also seeds - these are holding me back. I use the seeds my father used,
and his father, we save them from the previous year's crop. I would like
new seeds. You purchase them [at a commercial distributor], but they are
expensive. I was going to save some money from this year's maize sales for
seeds, but the rains didn't fall well. I'm going to have enough maize to
feed my family, but not much to sell."

Half a kilometre up a dirt road is Albert Mnisi's farm, and his crop is
obviously doing better.
"Sifiso can only use the dung he collects from his cows for fertiliser. I
could buy [commercial] fertiliser because I had money from my sister, who
is a law clerk in Mbabane [the capital]. She also gave us money to buy
seeds; we would do better if we had a tractor to plough," said Mnisi.

Fertiliser has made a clear difference to Mnisi's crop. The maize plants
are more vividly green, are taller and have thicker stems. Some plants
have produced maize cobs 20 centimetres in length.
"My sister helped us a lot - she has a job and an income. It is hard to
advance, doing things the old way; you want to buy fertiliser and seeds,
but you don't have money. A little irrigation would change everything, but
now we wait for the rains to come. Here in Lavumisa, it has been a long
time since we have had good rains," said Mnisi.
He spoke of being caught in a cycle of poor rainfall, under-production,
and the trap of rural poverty that could be alleviated if he had just a
little help.

Swaziland's rainfall has been erratic this season. "In the lowveld of
Swaziland, the Shiselweni Region in particular, drought is worse than last
year. No rains at Lavumisa in January and February - it was hot and dry.
But at Lomahasha [in the usually drought-prone eastern Lubombo Region],
too much rain washed away fields," said Abdoulaye Balde, the World Food
Programme's country representative.

He cautioned that it was too early to assess Swaziland's output for 2006 -
harvesting has just begun, and will continue through May - but noted that
"it is not just a matter of rainfall; poverty plays a role".
"You have two fields side by side. I inspected one, and the farmer told me
he didn't have the tools to plough deep. The second field, the farmer
ploughed down to the little more moisture that made a difference to his
plants. He also used fertiliser; he had the inputs," Balde said.

Agriculture ministry field officer Themba Dlamini said that to improve
food production, and break the cycle of rural poverty, small landholder
farmers needed help with the basics.
"The seeds, fertiliser and tractors must be coupled with education. The
farmers must learn to set aside monies to purchase next year's seeds and
fertiliser, and for tractor rental. Irrigation will come next - that would
be a larger infrastructure project for government," Dlamini commented.

He and Balde noted that an impediment to greater food production for
Swaziland's small rural farmers was the high cost of fertiliser. The
yield-boosting chemicals are imported from South Africa, and only two
outlets control pricing and distribution.
Across Southern Africa soils are denuded, the organic matter that provides
energy for plant growth exhausted or washed away. Without the nutrients
being replenished, the ground becomes hard and barren.
-----------------

5. Threat to media in Swaziland. Newspaper ordered to pay crippling fines
in defamation lawsuits. Media Institute of Southern Africa (MISA),
Windhoek, 13 March 2006.

(MISA/IFEX) - "The Times of Swaziland" newspaper has been ordered by the
High Court of Swaziland to pay a gospel artist Emalangeni (E) 120, 000
approx. US$ 19, 350 in fines for defamation.

On 15 May 2005, the newspaper published an article saying local artist,
Mzwakhe Mbuli's company, One to One Emergency Security, had lost a
contract following the disappearance of tools worth E10,000 (approx.
US$1,600).

Myeni, who had sued the newspaper for E640,000 (approx. US$103,200), won
the case by default after the newspaper did not file opposing papers.
The artist and businessman argued in court that the article was understood
by readers to mean that the company employees were responsible for the
mysterious disappearance of the tools.
He further said readers understood the article to mean that his company
performed its duties unprofessionally and negligently. Myeni said as a
company they were hampered by the publication of the article and estimated
their loss to be E50,000 (approx. US$8,000).

In his judgment, High Court judge Stanley Maphalala said it was not
disputed that Myeni was entitled to the judgment and awarded him E120,000
in damages.

This is the second court award against "The Times" within a short period
of time. Recently the newspaper was ordered to pay the Deputy Prime
Minister Albert Shabangu E750,000 (approx. US$120,950) for defamation.
This award was unprecedented in the history of the media in Swaziland.
"The Times" has appealed the judgment.

While we respect court judgments, the Media Institute of Southern Africa
(MISA) Swaziland is concerned by the huge fines awarded against newspapers
lately. The awards are a big threat to the existence of the media in
Swaziland.

For information on the previous court action against "The Times", see IFEX
alert of 9 August 2005.
For further information, contact Zoé Titus, Programme Specialist, Media
Freedom Monitoring, MISA, Private Bag 13386 Windhoek, Namibia, tel: +264
61232 975, fax: +264 61 248 016, e-mail: research@..., Internet:
http://www.misa.org

-----------------
6. Document: Restructuring and privatization of public enterprises. IMF
Executive Board concludes 2005 Article IV Consultation with Swaziland.
Public Information Notice (PIN) No. 06/19, 2006

Public Information Notices (PINs) form part of the IMF's efforts to
promote transparency of the IMF's views and analysis of economic
developments and policies. With the consent of the country (or countries)
concerned, PINs are issued after Executive Board discussions of Article IV
consultations with member countries, of its surveillance of developments
at the regional level, of post-program monitoring, and of ex post
assessments of member countries with longer-term program engagements. PINs
are also issued after Executive Board discussions of general policy
matters, unless otherwise decided by the Executive Board in a particular
case.

On February 8, 2006, the Executive Board of the International Monetary
Fund (IMF) concluded the 2005 Article IV consultation with Swaziland.

Background

Economic growth in Swaziland has weakened over the past decade. More
recently, real GDP growth decelerated to 2.1 percent in 2004 and an
estimated 1.8 percent in 2005. A prolonged drought affected agricultural
output, particularly maize, the main staple crop, and cotton. The real
effective appreciation of the exchange rate of 24 percent in 2002-04 and
high oil import prices hurt Swaziland's main exports (sugar, wood pulp,
and garments) and manufacturing activities. In addition, the removal of
textile quotas in industrialized countries in January 2005 has led to
factory closures and significant job losses in the garment sector, further
worsening the unemployment rate (estimated at 30 percent).

The fiscal deficit has increased in the last two fiscal years. In 2004/05,
despite a large one-time windfall in South African Customs Union revenues
and efforts to increase domestic revenue by removing some tax exemptions,
the wage bill and other current expenditures were sharply increased,
resulting in a deficit (including grants) of 4.3 percent of GDP,
significantly higher than the original budget of 2.8 percent of GDP.
Spending pressures have continued to rise in 2005/06, becauseof the
full-year effect of the civil service wage increase granted in~2004,
and~further wage increases through a supplementary budget in the third
quarter of the fiscal year, further widening the budget deficit. The
deficits have been financed by external and domestic borrowing, drawing
down of government financial assets, including the Capital Investment Fund
(CIF), and an accumulation of domestic arrears. As the budgeted
obligations exceed inflows of revenues and available financing, the
government is facing a serious cash flow problem.

Monetary developments have reflected those in South Africa. In line with
interest rate reductions in South Africa, the Central Bank of Swaziland
reduced its discount rate to 7 percent in April~2005. Market yields on
treasury bills have moved downward and interest rate spreads relative to
South Africa have remained small, as new issues of treasury bills have
been contained to avoid incurring higher short-term borrowing costs,
notwithstanding the government's large financing needs. Available data
indicate that the banking system, which is dominated by South African
banks, remains strong.

In the face of shocks to exports and strong pressure to finance the fiscal
deficit, gross international reserves (which include the Capital
Investment Fund) declined from 1.9 month of imports at end-2003 to 1.1
months of at end-September 2005, the lowest level among members of the
Common Monetary Area (CMA). In the meantime, public debt (excluding
outstanding domestic payment arrears), which is mostly on nonconcessional
terms, has increased to 22 percent of GDP.

The authorities completed a "Poverty Reduction Strategy and Action Plan"
in October 2004. The document spells out policies with the overall
objective of halving the 1995 poverty rate by 2015. However, little
progress has been made toward this and other Millennium Development Goals
(MDGs). There are indications that the share of the population living
below the national poverty line (less than US$1/day) has been increasing
in the last several years. According to the Ministry of Health, the
infection rate among women attending ante-natal clinics increased from 39
percent in 2002 to 43 percent in 2004. The latest data show, however, that
preventive measures may begin to have effect as HIV/AID infection rate for
the 15-19 age group has declined by 3 percentage points to 29 percent for
the first time.

Executive Board Assessment
Executive Directors noted that Swaziland's economic performance had
deteriorated over the past two years. Output growth had slowed as a result
of a substantial real appreciation of the lilangeni that undermined
external competitiveness, the elimination of textile quotas by industrial
countries, and a persistent drought. In addition, the fiscal deficit had
widened and had been increasingly financed through accumulation of
domestic payment arrears, while foreign reserves had declined to a
critically low level. At the same time, the very high HIV/AIDS prevalence
rate was exacting a heavy toll on society, food shortages persisted in
parts of the country, and poverty remained widespread.

Directors considered that the key policy challenges facing the Swazi
authorities were to restore fiscal sustainability and external
competitiveness so that progress could be made in reducing poverty. They
noted that these challenges were complicated by the prospects of a further
loss of trade preferences and declining revenues from the South African
Customs Union. In light of the pressing challenges, Directors urged the
authorities to embark promptly on an adjustment strategy centered on
fiscal consolidation and structural reforms and noted that the key
elements of such a strategy had already been discussed within the country
and with development partners. Directors underscored that further delays
would make the eventual correction more costly and widen the growth gap
between Swaziland and South Africa and other countries in the region.

Directors stressed the urgency of sharply reducing the budget deficit
during the remainder of this fiscal year and emphasized that the 2006/07
budget would constitute a critical step towards placing public finances on
a sustainable path. Looking ahead, they called on the authorities to aim
for a balanced budget in the next few years given the absence of
concessional external financing, the existence of large payment arrears
and contingent liabilities, the limited scope for domestic financing, and
low economic growth.

To achieve the fiscal adjustment, Directors emphasized the need for
expenditure controls and reforms in the civil service, public investment,
and fiscal revenue areas. They noted that weak expenditure controls,
including at the line ministry levels, had contributed to the rising
fiscal deficits and payment arrears. In this context, Directors welcomed
the authorities' intention to reform the public expenditure management
system and encouraged the authorities to seek technical assistance in this
important area. Directors urged the authorities to follow through with
measures to rightsize the civil service and rationalize the government
structure, in line with their civil service reform program. Directors also
considered that expenditure needed to be re-oriented to productive
investment and pro-poor programs, while strong efforts were needed to
increase domestic revenue, including through the establishment of a
Revenue Authority and the introduction of a broad-based VAT.

Directors underscored that, with the lilangeni pegged to the South African
rand under the Common Monetary Area arrangement, the authorities would
need to rely primarily on structural reforms to support fiscal
consolidation and restore external competitiveness. They urged the
authorities to press ahead with measures to increase labor productivity,
reduce domestic costs for the export sector, and improve the investment
climate. In this regard, the authorities' recent initiatives to support
workers' training and enhance their skills were encouraging.

To improve the investment climate, Directors emphasized the need to
restructure and privatize the large number of public enterprises, as well
as reforms to strengthen governance. The privatization of key utilities
could enhance private sector development, and help improve the
competitiveness of the Swazi economy through lower costs of key services,
including those provided to the government. Directors encouraged the
authorities to enact anti-corruption legislation as soon as possible and
institute periodic internal and financial audits for all entities
benefiting from the consolidated government budget.

Directors welcomed the recent steps by the Central Bank of Swaziland to
strengthen its operations—including reserve management—and to further
develop Swaziland's financial system, but noted that efforts to strengthen
the official foreign reserve position would depend critically on a prudent
fiscal policy stance. Directors also encouraged the authorities to enact
legislation to strengthen the supervision of financial institutions.
Directors welcomed the authorities' efforts to strengthen the provision of
economic data to enable timely economic policy decision making and
monitoring. They noted in particular the authorities' commitment to
improve the national accounts and balance of payments statistics.

For statistics see www.imf.org/external/np/sec/pn/2006/pn0619.htm

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