SWAZILAND@NEWSLETTER 32
PUBLISHED BY SOUTHERN AFRICA CONTACT (DENMARK)

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1. PUDEMO plans blockade of border posts. AND (Johannesburg), 4 April 2006.

2. Good rain fills northern dams but southern crops might still fail, 30
March 2006 (IRIN).

3. French sugar company bids for South African Illovo with interests in
Mozambique, Swaziland, Zambia, Malawi and Tanzania. Eric Onstad, 28 March
2006 (Reuters).

4. Police prevent pro-democracy rally, set up roadblocks around Manzini,
20 March 2006 (IRIN).

5. Royal notes. Princess demands new cars for King Mswati III's guests.
AND (Johannesburg), 21 March 2006.

6. Document: Trades Union Congress (TUC) and International Confederation
of Free Trade Unions (ICTFU) write to Commonwealth Secretariat on need for
democratic reform in Swaziland, 15 March 2006.

7. Swaziland@Newsletter Archive: International Commission of Jurists.
Fact-finding mission to Swaziland, 2003. Executive summary. For full
report see: http://www.icj.org/news.php3?id_article=2936&lang=en

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1. PUDEMO plans blockade of border posts. AND (Johannesburg), 4 April 2006.

The opposition People’s United Democratic Movement (PUDEMO) says
preparation for its blockade of two of the country’s busiest border posts
is at an advanced stage. The blockade calling for democratic changes in
Swaziland is scheduled in a week’s time at Ngwenya and Mahamba border
posts. However, government has vowed not to allow the banned political
party to disturb traffic, saying the blockade is against the kingdom’s
existing traffic laws.

Mario Masuku, the opposition PUDEMO President, said the party is staging
the blockade to pressure government to implement four crucial demands:
1. An all-inclusive constitutional process;
2. Government to annul the newly adopted constitution;
3. Unbanning of political parties and
4. Withdrawal of high treason charges against the 16 members of the
organisation.

Mario Masuku said currently the party is mobilising Swazis at the border
posts to assist in the blockade.
“We have been guaranteed support from COSATU in South Africa, the
organisation will be in the forefront,” he said.

Masuku also said the banned party is aware that the government is going to
attempt to stop the blockade. He said that they would stage it
nonetheless, as it was in accordance with a resolution adopted by the
party members in order to demand political reforms in Swaziland.
The President also stated that the blockade would be staged for one day
only (April 12, 2006). However, he said other blockades would be staged
before the end of the year if government continues to deny the nation its
fundamental democratic rights.

Government Spokesperson Percy Simelane vowed that the banned party is not
going to disrupt traffic at either of the country’s border posts. After
consultation with the police, Simelane assured businesspeople and tourists
that police would ensure smooth flow of traffic moving in and out of
Swaziland.
“We are not going to allow it to happen as it is against the traffic laws.
Government will do whatever possible with the assistance of the police
force to ensure that there’s free movement of goods and people across the
country’s borders,” he vowed.

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2. Good rain fills northern dams but southern crops might still fail, 30
March 2006 (IRIN).

Drenching rains have filled Swaziland's dams to capacity, but the heavy
downpours may have come too late to save the maize harvest in the
drought-hit south of the country.

The Ministry of Agriculture has warned that clear skies from January
through early March, especially in the south, ensured that only a fraction
of the crops planted during the spring would survive to harvest, which
begins next month.
The government's National Disaster Relief Task Force and the World Food
Programme are to continue food aid distributions to 240,000 vulnerable
Swazis - around a quarter of the population.

Uneven distribution of rain has thrown into focus the divide between the
well-watered middleveld and highveld areas of the central and western
Manzini Region, as well as the northern Hhohho Region, and the
drought-prone eastern Lubombo and southern Shiselweni Regions.

"We have a choice of declaring the lower third of the country's
geographical area unfit for agriculture, which is unpractical because of
the tens of thousands of small-landholder subsistence farming families
there, or else government can step up its plans to bring northern water
southward for irrigation purposes," said a source with the Ministry of
Agriculture.
"Heavy rains have raised most of Swaziland's northern and central dams to
full capacity. Summer is over, and there is sufficient water in place for
irrigation use throughout the winter for crops," said Charles Nkambule of
the Ministry of Natural Resources.

The Maguga Dam, Swaziland's largest, is full for the first time since it
was built in 2003, forcing the Komati River Basin Water Authority, the
South Africa-Swaziland co-venture that built and maintains the dam, to
open the sluice gates - a novel procedure.

Maguga was built with the intention of irrigating the fields of small
agricultural cooperatives in the eastern Lubombo and southern Shiselweni
Regions - which, because of low water levels, it has never been able to do.

By treaty, 60 percent of the dam's water was guaranteed to South Africa,
which put up 60 percent of the dam's US $183 million construction cost.
The 870 metre-long dam rises 115 metres, creating a storage capacity of
332 million square metres of water, a volume never realised before this
week.

The usually low water level in Maguga has also hindered plans to produce
hydroelectric power. Swaziland imports 90 percent of its electrical power
from South Africa, but the dam has the ability to meet 50 percent of the
kingdom's electricity needs once a hydroelectric generating facility goes
on line. No date has been set for the start-up.

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3. French sugar company bids for South African Illovo with interests in
Mozambique, Swaziland, Zambia, Malawi and Tanzania. Eric Onstad, 28 March
2006 (Reuters).

French sugar group Tereos wants to forge a southern hemisphere sugar giant
by grouping together its sugar assets in Brazil and Mozambique, in a
takeover of SA’s top producer Illovo, an official said.
Tereos is competing to buy Illovo against Associated British Foods, which
has proposed a cash offer, as European sugar reform sparks a hunt for new
sources for the supply of raw sugar.

“We are bringing the best that we have and we think cash is not the best.
We are bringing growth potential,” Stephane Isautier, the firm’s official
in Reunion, said in Johannesburg last week.
“The combined company would mitigate climate and currency risk with
production in three locations — Europe, Africa and Brazil.”
Illovo is considering the two offers and is expected to recommend one of
them to shareholders soon.

Financial details of the offers have not been released.
However, Tereos said it wants to sell its cane sugar assets in Mozambique
and Brazil to Illovo for new Illovo shares, then top up its stake to
around 51% with a partial cash offer.

Tereos, a co-operative owned by 14500 French farmers, was the first
European sugar company to make acquisitions in Brazil, the world’s biggest
sugar producer, and in Mozambique.
Mozambique is one of the world’s 40 poorest countries, termed a least
developed country (LDC), that will get free trade access to the European
Union (EU) in 2009 as part of the bloc’s sugar reforms.
“Mozambique has the biggest potential of all the LCD countries to increase
its sugar exports,” Isautier said, noting that the country had good
logistics due to its port facilities.

Other southern African LDC countries in which Illovo has operations are
Zambia, Malawi, Swaziland and Tanzania.
Tereos already sells 53% of its sugar outside France and it could offer
Illovo a readymade distribution network to market the combined firm’s
products, Isautier said.

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4. Police prevent pro-democracy rally, set up roadblocks around Manzini,
20 March 2006 (IRIN).

Political parties are not free to operate in Swaziland, despite a new
constitution, following a weekend crackdown by police on a rally by the
People's United Democratic Movement (PUDEMO).

Several members of the party's leadership were arrested on Saturday,
during the planned rally in central commercial hub of Manzini, 35 km east
of the capital Mbabane.

"We wanted to celebrate the release on bail of our comrades who are on
trial," said Arnold Shongwe, a member of PUDEMO's youth wing, the
Swaziland Youth Congress (SWAYOCO).

PUDEMO sources told IRIN they wanted to test the limits of political
freedom under the new constitution, signed by King Mswati last year and in
effect since January, which contains a Bill of Rights allowing freedom of
speech and assembly.
However, Prince Mangaliso Dlamini, appointed by his brother, King Mswati,
to head the Constitutional Review Commission, warned last week that the
constitution did not allow political parties to operate in Swaziland.

Police dispersed PUDEMO members who had gathered in Manzini and set up
roadblocks at entry points to the city. Passengers on public transport
were told to disembark and were inspected by police officials before being
allowed to enter the city.

PUDEMO President Mario Masuku was arrested on Saturday but released later
that evening. Some of the arrested party members are on trial for treason,
allegedly for firebombing government targets last year.

The Times of Swaziland quoted a police officer as saying that political
organisations would not be permitted to hold public meetings, and "this
will remain so until the parties are officially unbanned by the king".

"This shows there is still a state of emergency in the country; this
proves the constitution was not people-driven," rally organiser Alex
LaNgwenya, president of SWAYOCO, told the Times.

Attempts to get comment from the government were unsuccessful.
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5. Royal notes. Princess demands new cars for King Mswati III's guests.
AND (Johannesburg), 21 March 2006.

Senator Princess Ngebeti has urged the Ministry of Foreign Affairs and
Trade to purchase expensive cars for King Mswati III's visitors. The
Princess said the vehicles currently allocated by government to chauffer
dignitaries are of low standard. The princess slammed government for
allocating a Mercedes Benz to drive the Basotho Queen Mamohato last year.

King Mswati III's sister, Senator Princess Ngebeti said this during the
debate on the ministry of Foreign Affairs and Trade budget. Ngebeti said
it does not reflect well on the King and government to chauffer the
country's guests in vehicles lower than their status.

The newly appointed Foreign Minister, Mathendele Dlamini acknowledged the
Senator's submission.

King Mswati III recently bought himself a luxurious Maybuch worth over 3.4
million Emalangeni (566-667 USD) and a top of the range Mercedes Benz S600
Pullman.The king also bought his thirteen wives brand news BMW X5s and BMW
7 Series models for his late father King Sobhuza II's many surviving
wives.

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6. Document: Trades Union Congress (TUC) General Secretary Brendan
Barber’s writes to Commonwealth Secretariat on need for democratic reform
in Swaziland, 15 March 2006.

“The Swazi Constitution that came into effect last month, as many
political analysts have pointed out, does not provide for meaningful
changes that could usher in a new era of democracy and popular
participation in government in Swaziland.

In our view, it merely consolidates the absolute monarchy with a few
cosmetic changes aimed at addressing concerns over individual rights and
makes no mention of the 1973 Decree that bans political parties.

We are particularly concerned over the Swazi authorities' portrayal of the
support from the Commonwealth Secretariat as vindication of the regime's
commitment to democratic values, good governance and public accountability.

The TUC has long enjoyed close relations with the Swaziland Federation of
Trade Unions (SFTU) and is aware of numerous violations of human and trade
union rights. The Government of Swaziland has paid scant attention to the
workers' fundamental rights enshrined in the eight ILO conventions, which
it has ratified.

I hope that the Secretariat will use its influence with the Swazi
Government to ensure that genuine constitutional changes paving the way
for democracy and good governance and observance of internationally
recognized trade union and human rights take place without delay.”

Note: The International Confederation of Free Trade Unions (ICTFU) has
also called upon the Commonwealth Secretariat to promote democratic reform
in Swaziland. ICTFU General Secretary Guy Ryder writes:

“This call comes both from a broad-based civil society in Swaziland and an
ever-growing number of international organisations. The changes being
called for are in line with the Commonwealth values of a constitution that
is democratically approved and which guarantees a democratically elected
parliament, a transparent and accountable government, provisions for the
effective separation of the legislative, judicial and the executive arms
of the state and full respect of basic human rights.”

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7. Swaziland@Newsletter Archive: International Commission of Jurists.
Fact-finding mission to Swaziland, 2003. Executive summary.

From 12–21 January 2003, the International Commission of Jurists' Centre
for the Independence for Judges and Lawyers (ICJ/CIJL), sent a
fact-finding mission to the Kingdom of Swaziland. The purpose of the
mission was to assess various threats against judicial independence, the
rule of law and the administration of justice resulting from an Executive
decision to disregard two Appellate Court rulings, an action that directly
led to the resignation of the nation's entire Court of Appeal.

In 1973, the former Monarch of Swaziland repealed the 1968 Independence
Constitution in favour of a form of Government that eliminated political
parties, restricted trade union activities and stifled civil and political
dissent. In the absence of constitutionally entrenched protections, the
present Executive gradually eroded the rule of law, restricted press
freedoms and undertook unilateral actions detrimental to the survival of
the nation.

The legal system in Swaziland is based on a dual system of law whereby
local Swazi law and custom, as applied in National Courts, is subordinate
to Roman-Dutch law, as applied in Westminster-organised Courts.
Historically, this dual legal system performed relatively well, however,
the ICJ/CIJL delegation was provided with concrete evidence affirming that
the present rule of law crisis is rooted in a past whereby the Executive
routinely threatened judicial independence where it conflicted with
entrenched interests. Periodic attacks on judicial independence in
Swaziland have given way to Executive attitudes holding the judiciary,
rule of law and the separation of powers in virtual contempt. The most
recent example of negative State actions against judicial independence
occurred in October and November 2002. At that time, the Attorney General
threatened three High Court Justices with immediate dismissal if they did
not recuse themselves from a case that involved the abduction of a girl
that eventually became the 10th wife of His Majesty. The Director of
Public Prosecutions filed criminal charges against the Attorney General
for threatening the High Court Justices, however, the State compelled him
to withdraw the charges.

The rule of law crisis presently besetting the Kingdom of Swaziland
originated from a 28 November 2002 statement by the palace-appointed Prime
Minister wherein the nation was advised that the Government would not
recognise two Court of Appeal judgments. These judicial rulings followed
existing statutory law in concluding that:

(a) His Majesty could not override Parliament with Royal Decrees until a
new Constitution had been enacted; and (b) the Commissioner of the Royal
Swaziland Police was in contempt of Court for refusing to execute judicial
orders.
On 30 November 2002, the six Justices of Swaziland's Court of Appeal
resigned in protest over the Government's public refusal to recognise this
Court's rulings. In solidarity, trade union and civil society
organisations appealed to the Government to follow the rule of law and
engaged in strike action. The international community added its voice to
this protest by advising the Swazi Government that its actions threatened
preferential trade arrangements, the loss of which would wreak
socio-economic havoc throughout the nation. In the face of domestic and
international appeals, the Government continued its open attack on
judicial independence, the separation of powers and the rule of law.
Further tarnishing the image of the Kingdom, the Chief Justice was forced
to resign while other judicial officers were dismissed, demoted or
threatened with deportation.

The ICJ/CIJL mission delegation found that a small cadre of palace
advisers including the Prime Minister, the Attorney General and a host of
important political and judicial actors has subverted effective Government
and the rule of law in Swaziland. These palace advisers constitute His
Majesty's Special Committee on Justice, more commonly known as the
Thursday Committee, a body which has dedicated itself to the gratification
of entrenched interests at the expense of national welfare and the
survival of the Kingdom.

Possessing neither a formal nor informal or published mandate, members of
the Thursday Committee pose themselves as the guardians of justice and
operate with unlimited jurisdiction over all matters of national
importance. Silencing dissent, the Thursday Committee is the root cause of
the open assault against judicial independence and the rule of law in
Swaziland.

Despite the fact that the Swazi Government has not yet unequivocally
retracted its 28 November 2002 statement, the ICJ/CIJL is satisfied that
His Majesty King Mswati III released a draft constitution on 31 May 2003
after a drafting process that took approximately seven years. However,
there can be no meaningful solution unless the Government fully respects
the independence of the judiciary and abides by all court rulings
including those that currently remain pending.

For full report see:
http://www.icj.org/news.php3?id_article=2936&lang=en


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SWAZILAND@NEWSLETTER is published by Southern Africa Contact (SAC,
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