SWAZILAND@NEWSLETTER 35
PUBLISHED BY SOUTHERN AFRICA CONTACT (DENMARK)

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See also photo archive on the land, life and struggle of the Swazi people.
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1. European Union suspends budget and sector support for Swazi government.
Nqobile Ndlovu (AND Johannesburg), 18 May 2006.

2. Swaziland Youth Congress (SWAYOCO) to launch democratic campaign in
schools. IRIN, 30 May 2006.

3. Good rainy season, but not enough planted in Swaziland, 3 June 2006
(Reuters).

4. Governments not doing enough in AIDS fight. Angus Reid Global Scan :
Polls & Research, 4 June 2006.

5. Alleged serial killer's trial puts spotlight on gender issues. IRIN, 31
May 2006.

6. "Times of Swaziland" wins appeal against excessively high damages
awarded in defamation case. Media Institute of Southern Africa (Windhoek),
19 May 2006.

7. Africa at large: Land issues in Africa
Caroline Nenguke, International Food Policy Research Institute,19 May 2006.
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1. European Union suspends budget and sector support for Swazi government.
Nqobile Ndlovu (AND Johannesburg), 18 May 2006.


The European Union has announced suspension of direct funding to Swaziland
upping pressure on the government to practice good governance. Peter Beck
Christiansen, the EU Ambassador to Swaziland, announced the suspension
yesterday.

“Due to the absence of adequate fiscal controls we will not in the
foreseeable future as we do in many other countries be able to deliver the
EC support through budget or sector support. Our implementation mechanism
for the moment will remain the traditional project approach,” Christiansen
said.

The Ambassador said the decision will be reviewed on condition the
government implements a solid accounting and auditing mechanism to monitor
its coffers. Christiansen said Swaziland is the only country lagging
behind in the SADC region because it does not leave up to the
international declarations on budget.

EU is one of the Kingdom's major donors supporting the country with over
4.1million Euros in aid per annum.

The EU envoy was speaking during the EU day at Ezulwini Sun. Christiansen
said the impoverished Southern African nation is far behind in the region
in terms of acceptable international norms.

“..Swaziland is behind other African countries, which attempt to live up
to AU, UN or even SADC declarations and targets for budgetary allocation
to social sectors,” he declared.

In response the Minister of Foreign Affairs and Trade, Mathendele Dlamini,
thanked the EU for the support it has given to the tiny Kingdom and
promised his government is taking measures to put Swaziland at par with
the rest of the world.

“…We appreciate the European Commission as it proves to be a development
partner that is truly dedicated to our plight as a developing economy. The
country wishes to acknowledge the challenges that come forward and it is
for all to see that the government of Swaziland is putting in place a
number of measures to counter such challenges,” Dlamini said.

Africa’s last absolute Monarchy, King Mswati III is under pressure from
the international community to reform the country’s governance system and
embrace acceptable standards of governance. King Mswati III will be
leaving for New York in a fortnight to attend the UN General assembly,
while in US he is expected to meet with the UN Chief Koffi Annan for
private talks.

(This report has as yet not been confirmed by other sources).
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2. Swaziland Youth Congress (SWAYOCO) to launch democratic campaign in
schools. IRIN, 30 May 2006.


"Catch them younger!" is the new mantra of the youth wing of Swaziland's
banned political party, the People's United Democratic Movement (PUDEMO),
as it tries to gather more support for its pro-democracy campaign.

"We have to nurture students from primary schools so that they can become
familiar with the struggle, rather than hoping to get them when they are
at university," said Alex Langwenya, president of the Swaziland Youth
Congress (SWAYOCO), PUDEMO's youth movement.

Organised political opposition groups were banned by royal decree in 1973
by King Sobhuza, father of current monarch, Mswati III. The country has a
'Tinkhundla' system of government, in which Swazis living under
palace-appointed chiefs elect MPs who vote on laws prepared by the king's
hand-picked cabinet.

Chris Maroleng, an analyst with the Institute for Security Studies, an
Africa-based think-tank, said if the strategy of targeting younger Swazis
was restricted to creating political awareness "about governance, their
rights, democracy", it would be effective, but if school students were
recruited as activists it would have a long-term negative psychological
impact.

"It is a bad idea to use young students as instruments in a campaign. We
have only to look at the neighbour, Zimbabwe, where the ZANU-PF recruited
young Zimbabweans to become members of the youth militia. While the
mobilisation of school students in South Africa during its struggle
against apartheid was effective - but at what cost? It left an entire
generation traumatised," said Maroleng.
SWAYOCO has said its campaign targeting younger members will restrict
itself to creating political awareness at this stage.

Although the police have cracked down on political rallies in the past, a
recent SWAYOCO strategy meeting, attended by about 100 PUDEMO members,
took place undisturbed. A decision was made to draw up a programme aimed
at younger members and electing a younger leadership, to bring new blood
into the pro-democracy movement.

"The old politicians don't want to give up their positions. It's very
African - they think they are kings, even if they preach democracy," said
SWAYOCO member Amos Khumalo.
"We have had blockades, we have picketed with placards, but still we are
not winning. It is clear that we have not attacked the real source of the
problem, and with this programme [targeting younger members] we must
directly get to the source [of new leadership]," said Langwenya.

He told SWAYOCO members that the traditional form of government has failed
Swazis, and said the party executive would seek an audience with King
Mswati III.

"Government is called His Majesty's Government, so we want to talk to him
directly now. He has to know we are not at war with the country ... we are
only calling for a multiparty government," he said. Fifteen members of
PUDEMO or SWAYOCO have been charged with treason for allegedly carrying
out a string of petrol bombings against government facilities in 2005 and
face the death penalty if found guilty. They are currently out on bail.

King Mswati said last month that Swazis were not ready for multiparty
leadership, and he would continue to rule until the impoverished nation's
economy improved enough to support such political activities.
Health Minister Mfomfo Nkambule, who was appointed by Mswati, was fired
last week. Many believe his dismissal was linked to attempts to secretly
organise MPs and people of influence into a group widely perceived to be
an embryonic political party.
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3. Good rainy season, but not enough planted in Swaziland, 3 June 2006
(Reuters).


A good rainy season in southern Africa is leading to an improved harvest
in the previously drought-stricken region, but pockets of hunger remain,
the United Nations reported on Friday.

"April signalled the end of the hunger season in most of Southern Africa.
In general, food security is improving due to the new crops in rural
markets," the UN Office for the Coordination of Humanitarian Affairs said.

But even as aid to the region is being scaled down, some areas are
chronically short of food while others are affected by localised dry
spells, heavy rains, flooding or crop diseases, it said.

Parts of Malawi, Mozambique, Namibia and Zambia could face shortages due
to flooding or dry spells, and there has not been enough planting in
Swaziland to meet needs, the office said.

In Zimbabwe, while rains have been adequate, food supplies are expected to
fall short because of fertiliser shortages and poor land preparation, it
said.

Inflation has surpassed 1 000 percent and food production has plummeted in
Zimbabwe, where critics say agricultural disruption linked to President
Robert Mugabe's controversial seizures of white-owned farms for landless
blacks has compounded the impact of drought.

Last year's scorching drought had left 10-12 million people in southern
Africa in need of food aid until this year's harvest.

New vulnerability assessments are in progress in all the countries of the
region to determine the numbers and requirements of those still in need,
the UN office said.

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4. Governments not doing enough in AIDS fight. Angus Reid Global Scan :
Polls & Research, 4 June 2006.

Residents of Malawi believe their government is not acting properly to
deal with the HIV/AIDS epidemic, according to a poll by Zogby
International and Schneidman & Associates International. 64 per cent of
respondents in the African nation believe the current administration is
having difficulty providing AIDS drugs.

Swaziland is next on the list with 53 per cent, followed by Botswana with
39 per cent, and South Africa with 35 per cent.

Earlier this month, the draft Poverty and Vulnerability Assessment
(PVA)—compiled by the Malawi government and the World Bank—was released.
The document claims that only 31 per cent of the African country’s
communities "have access to a health clinic, and (HIV/AIDS) drugs are not
readily available."

More than 35 per cent of all Swazi adults are infected with HIV. The
country’s life expectancy has dropped to 39 years.
Botswanan president Festus Mogae has vowed to retire at the end of the
current legislative term, and has promised to make the country AIDS-free
by 2016.

Close to 6.3 million South Africans currently live with HIV/AIDS—the
highest number for a particular country in the world—with more than 600
deaths related to the disease reported every day.

Polling Data
Percentage of respondents who believe their government is having
difficulty providing AIDS drugs
Malawi 64%
Swaziland 53%
Botswana 39%
South Africa 35%

Source: Zogby International / Schneidman & Associates International
Methodology: Interviews to 400 Botswanans, conducted in January 2004; 400
Malawians, conducted in August 2003; 400 Swuazis, conducted in July 2004;
and 1,230 South Africans, conducted in March 2005. Margin of error is 3
per cent for Botswana, Malawi and Swaziland, and 2.9 per cent for South
Africa.

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5. Alleged serial killer's trial puts spotlight on gender issues. IRIN 31
May 2006.


The long-deferred trial of Swaziland's alleged first serial killer began
this week, highlighting the issues raised at the time of the defendant's
arrest in 2001: the vulnerability of women and children in the kingdom's
patriarchal society.

David Simelane has been charged with killing 34 women, and testimony given
this week suggested he was motivated by a deep anger towards women.

"One aspect that was shocking was that over 30 women and children went
missing for up to a year, unreported by their families, until Simelane led
police to their graves. This is not supposed to happen in a traditional
society, where everyone's whereabouts and welfare are shared by family
members," said Alicia Lukhele, a social worker with the Ministry of Health
and Social Welfare.

The traditionally low status of women in Swaziland has also been linked to
the country's spiralling HIV/AIDS epidemic: 40 percent of the adult
population are estimated to be HIV positive, the highest incidence in the
world.

Gender activists complain of a high level of abuse of women and children.
Swaziland hit the headlines in 2004 when a young woman was stripped and
gang-raped by bus conductors at a terminus in the country's main
commercial centre, Manzini, while spectators cheered them on.

The woman had allegedly angered the conductors by wearing a miniskirt,
which they claimed was "unSwazi". Women in the conservative African
kingdom generally wear modern Western clothing and have worn miniskirts
since the 1960s, although the government at one stage considered banning
them on moral grounds.

Simelane's trial has been delayed for years because forensic tests to
process the evidence had to be conducted in neighbouring South Africa.

Charles Masango, a magistrate in Manzini, where the killings took place,
led the evidence against Simelane. He testified that Simelane had
confessed to him that the killings resulted from his quest for personal
revenge against a woman, who had falsely implicated him in a crime that
had led to a previous imprisonment.

The court heard this week that Simelane spent six years in prison on a
rape and robbery conviction and, when released, allegedly went on a
killing spree. He also allegedly murdered children accompanying their
mothers. Simelane targeted women in transit with offers of employment.

"The case shows the effects of a country where unemployment for women is
so high. These women have to take care of families, without support,
particularly in urban areas. They are desperate for jobs. If the story
told in court is true, it shows the depths that predators will go to
exploit women's desperation for means of income," said Hlobsile Dlamini, a
spokeswoman for the Swaziland Action Group Against Abuse (SWAGAA).

"The killings showed how much our country is changing, and how much we
must do to handle urban migration by providing safety nets for single
women and vulnerable children," said Lukhele, the social worker.

SWAGAA, an NGO that also offers legal and psychological counseling to
abuse survivors, received a big boost from Simelane's arrest in 2001. "The
case was big publicity to show that we do have a genuine abuse crisis in
Swaziland. It wasn't just some women talking, it was a real social
problem," said Dlamini...


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6. "Times of Swaziland" wins appeal against excessively high damages
awarded in defamation case. Media Institute of Southern Africa (Windhoek),
19 May 2006.


On 18 May 2006, the Supreme Court of Swaziland reversed a July 2005
decision by the High Court of Swaziland that obliged the "Times of
Swaziland" newspaper to pay Swaziland's deputy prime minister, Albert
Shabangu, a staggering E750 000 (approx. US$116,000) for alleged
defamation.

Shabangu lost the case with costs and has to pay more than E60 000
(approx. US$10,000) in legal fees.
Shabangu had sued for E1 million (approx. US$155,000) for defamation
following an article the "Times of Swaziland" published a few years ago,
alleging that he was a card-carrying member of the Ngwane National
Liberatory Congress (NNLC), a banned political party in Swaziland, and
that he was plotting the downfall of the then-Prime Minister Sibusiso
Dlamini.

In its landmark judgment, the Supreme Court not only found that there was
nothing defamatory in the article but also that the award of E750 000 was
grossly excessive. Supreme Court Judge Justice Magid observed that even if
there were any defamatory aspects in the said article, (if he were the
trial judge) he would not have been inclined to award even as much as E50
000 (approx. US$8,300) to Shabangu.

The judge then warned other courts that may have to deliberate upon claims
of damages for defamation in future to be reasonable in their judgments.
"It must be borne in mind that an award of damages in a defamation case is
to afford some solatium for the injuria done to the plaintiff. And no
doubt, having regard to the social and political status of the respondent,
a court would be inclined perhaps to err on the high side in awarding him
damages for defamation," he said.

During the case, Shabangu had denied being a card-carrying member of the
NNLC, claiming that the article defamed him and placed his position in
government in a predicament since political parties were banned in
Swaziland.
But in his judgement, Magid - sitting with Justice R.A Banda and Justice
M.M Ramodibedi - said the passages from the article were not defamatory of
Shabangu in the manner alleged.
"There was considerable debate as to whether the respondent had been shown
still to be a member of the NNLC. But if, as I have found, the allegation
of membership in the NNLC is not itself defamatory, the truth or otherwise
of the allegation is immaterial," the judge said.

He said the evidence of one Shu Lukhele, who was called by the "Times of
Swaziland" as its witness, was virtually unchallenged.
"It is true that the witness, an elderly farmer, appeared a little vague
about dates, but for the rest his evidence as to the activities of the
NNLC was virtually unchallenged. Certainly his positive statement to the
effect that the NNLC had never advocated violence or making the country
ungovernable to achieve its aims was not even challenged in
cross-examination," the judge observed.

On 19 May, an obviously elated managing editor of the "Times of
Swaziland", Martin Dlamini, welcomed the Supreme Court ruling. Dlamini
told MISA-Swaziland that justice had been done. He said it had been their
argument all along that there was nothing defamatory in the article.

Even if it was defamatory, he said they felt the award of E750 000 awarded
by High Court judge Josiah Matsebula was grossly excessive. Dlamini said
they were happy that the Supreme Court agreed with them.
MISA-Swaziland welcomes the Supreme Court ruling, and considers the
judgment not only victory for the "Times of Swaziland" but also for media
freedom in general.

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7. Africa at large: Land issues in Africa
Caroline Nenguke, International Food Policy Research Institute (IFPRI),19
May 2006.


Land is one of the most important assets for millions of poor people in
Africa. Equally critical are their rights to this land, which provide
social and economic security and an incentive to use natural resources in
a sustainable manner.

More than 30 percent of the land in Africa is jointly held by members of a
group or community, making common property rights as important as
individual rights. In many developing countries, giving individuals title
to land has worked well. In Africa, however, titling has led to a
weakening of land rights, especially for women and pastoralists, because
so much of the land is held in common.

Land rights based solely on individualized ownership fail to acknowledge
and respond to property arrangements found in many African communities,
such as flexible boundaries based on customary law—the social rules of a
community. These customary rights are often adapted to the local ecology
and social system, so imposing exclusive ownership can cause disruption.
For example, when land is divided as private property, people may lose
access to water sources for their families or livestock.

IFPRI research has found that formal land titling does not guarantee more
security than customary laws, and may even be a source of insecurity for
impoverished households with limited access to government land
registration. The poor in Africa rely heavily on common resources, such as
forests and pastures, which are best secured by strengthening common
property rights, not individual titles.

While customary laws can provide poor households with greater access to
land and security, they too are in need of reform. In many African
countries, women are prevented from owning and inheriting land because
their property rights are often tied to their social relations with men.
For example, some customary land registration systems require women to
receive authorization from their husbands to independently acquire a land
title. This is especially problematic for women who are unmarried,
widowed, or divorced, and can limit women’s ability to grow food for their
families. Strengthening women’s rights will require working with both
state and customary laws.

Whilst recent land policies have attempted to improve the rights of
vulnerable groups, these have encountered several problems such as:

Improved rights for women are difficult to enforce, particularly in rural
areas. There is an absence of organisations to enforce these, and often a
lack of awareness of new laws amongst women.

Laws protecting pastoralist interests are rarely implemented, and overall
control of the land is often still held by governments.

Efforts to introduce new measures to deal with HIV/AIDS related land
issues are complicated by the culture of silence around the disease
preventing reliable data collection.

There is no “one size fits all” solution to improving land rights in
Africa. Recognizing the important role of common property and customary
law in Africa’s development is vital. If ignored, future land reform
policies will not succeed in improving the lives of the poor.
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SWAZILAND@NEWSLETTER is published by Southern Africa Contact (SAC,
Denmark), and appears twice monthly. News items are for information only,
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