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SWAZILAND@NEWSLETTER 37
PUBLISHED BY SOUTHERN AFRICA CONTACT (DENMARK)

Swaziland@Newsletter is distributed to more than 1000 national and
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primarily in Europe, Africa and the United States of America.

Earlier issues can be read at
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--------------------------------------------------------------------------------\
------------------

1. The rights of women. Clash between constitution and customary law. IRIN
3 July 2006.

2. Sugar farmers facing harder times. Reductions in social investments to
counter falling profits. IRIN 11 July 2006.

3. HIV/AIDS aggravates chronic hunger despite better harvests in Southern
Africa. World Food Programme (WFP)
28 June 2006.

4. Sugar company Illovo board approves Associated British Foods takeover.
Wendy Hall (Business Day) 13 July 2006.
5. Amnesty International Report 2006 – Swaziland. Violence against women
and girls. Torture and misuse of lethal force. Freedom of assembly
attacked.

6. The internal and external balance of forces in Swaziland. Paper
presented by B.Vincent Dlamini at PUDEMO Annual Conference and Strategic
Planning, June 28 – July 2, 2006 (Excerpt).
-----------------------------------------------

The rights of women. Clash between constitution and customary law. IRIN 3
July 2006.
A new constitution has granted Swazi women a degree of protection that is
shocking tradition-bound Swazi men as an education campaign tours the
conservative kingdom outlining those hard-won rights.
"The rights of HIV-positive women, inheritance issues for unwed couples,
child maintenance and domestic violence - all these new issues for Swazis
are addressed in law. The traditional family structure cannot cope with
these," said Sibonlo Mdluli, one of a team of eight lawyers addressing
community meetings across the country.
Until the new constitution was signed into law by King Mswati III at the
beginning of the year, Swazi women were second-class citizens, unable to
own property in their own names or even open a bank account without the
assent of a male relative.
The Swazi branch of the regional NGO, Women in Law, has targeted half the
country's 365 chiefdoms in the new education campaign. The lawyers make
their presentation and engage residents in discussion during regular
weekend community meetings, driving the message home that on paper, at
least, women are now equal.
"We have a readymade audience, but they are not at all passive! The men,
in particular, give us a tough time, but we are educating them," said
Sempiwe Dlamini, project officer for the new initiative.
At a meeting at Nhletsheni, a rural hamlet 80km from the capital, Mbabane,
the issue that raised the most heat was child maintenance. "Why should I
pay for a child that is not mine? All the woman has to do is accuse me!"
said Paulos Ndwandwe, a local farmer, virtually shouting in anger at the
visiting women lawyers.
By law, a man identified as the father of a child by the child's mother
must pay maintenance, unless he undergoes a paternity test to prove he is
not the father. But the DNA test costs the equivalent of US$400 in a
country where the average monthly wage is US$187 and the unemployment rate
is 45 percent.
"Even if I were the child's father, why should I support the child if the
woman sleeps around with other men?" said Ndwandwe. Other men in the crowd
voiced their agreement. Infidelity by women is considered scandalous, but
the cultural norm for men.
In terms of women's rights, the constitution is unclear about which is
ultimately superior: customary law or the constitution itself. "This is
the most difficult thing when we speak with women; this clash of the
constitution and customs," said Lomcebo Dlamini, national director of
Women in Law.
"A perfect illustration is the story that is all over the news this week,"
said lawyer Sempiwe Dlamini. "A 20-year-old man married a 14-year-old
girl, who he impregnated when she was 13. Under the constitution, he would
be arrested. But they are saying this is okay because he married the girl
traditionally, under Swazi custom. The girl's father accepted cattle dowry
for her."
Child welfare NGOs and women's groups decried the marriage. The Times of
Swaziland's senior editor, Martin Dlamini, summed up the clash of
tradition versus modern sensibilities: "If culture dictates that dowry can
buy human beings and subject them to a life of slavery, please call me
unSwazi," Dlamini wrote.
With more Swazis living as common-law spouses without getting married, the
constitution says the surviving spouse in such a union is entitled to
inherit his or her partner's estate. This also sparked controversy at
rural Nhletsheni.
"It is the family that is entitled to a man's estate, and his things must
be kept in the family," said Joe Mdluli, voicing a widespread belief. By
custom, all a man's property goes to his parental homestead.
"But that was yesterday," countered Thab'sile, an Nhletsheni resident in a
quiet but assured voice. "That was when we all lived at the same
homestead. A man's estate was the content of his hut, and his cows. Now,
people live in towns - they have cars, and many things they acquired
through jobs, with the assistance of their spouses. The family at the
country homestead did nothing to get those things, so why should the widow
be denied when her man dies?"
--------------------------------------------

Sugar farmers facing harder times. Reductions in social investments to
counter falling profits. IRIN 11 July 2006.

The fortunes of Vuvulane village in Swaziland's northeastern 'sugar belt'
depend almost entirely on sugar, or 'Swazi gold', which once helped lift
thousands out of a hand-to-mouth existence. That dependence now looks set
to plunge them back into poverty.
For the last 35 years, Moses Mndzebele and his wife, Beauty, have
supported themselves and a large extended family by growing sugar cane on
the 3.5ha plot that surrounds their small mud-and-stick home. But falling
world sugar prices and weak exchange rates, combined with rising
production costs, are eroding their income.
This year's crop will probably bring them 35,000 Emalangeni (about
US$5,000). After paying for cutting and haulage to the local mill, the
family of 12 will be left with about $2,000 to get them through the year.
Finding money for food and school fees is already a struggle, but more
worrying is the news that decisions made in faraway Europe mean their
hardships have just begun.
"I heard news that prices will be going down," said Moses, who suffers
from diabetes and is losing his sight. "To me that means my destiny is
death, because right now I can't afford medical expenses or food to feed
my family."
Swaziland is one of 18 countries in Africa, the Caribbean and the Pacific
that have benefited from a 30-year-old agreement to supply a fixed
quantity of sugar to the European Union (EU) at prices that match those
received by European sugar producers - up to three and a half times higher
than the world price.
While the preferential agreement disadvantaged many other developing
countries producing sugar, in Swaziland it became the largest industry,
accounting for 24 percent of gross domestic product (GDP) and creating
93,000 jobs.
After a World Trade Organisation ruling said the preferential agreements
were unfair, the EU initially proposed cutting sugar prices by 42 percent
over two years but, faced by a flood of protest, scaled this down to a 36
percent cut over three years, with a first reduction of 5 percent taking
effect this month.
This still represents a severe blow to the 18 developing countries relying
on the artificially inflated prices, and especially to the Swazi economy,
already staggering under 40 percent unemployment and a devastating HIV
epidemic.
According to the Swaziland Sugar Association (SSA), the cut translates
into a loss of US$30 million a year in income - more than four times the
annual amount of EU aid to the country.
Inflated EU prices have helped large-scale producers like the Royal
Swaziland Sugar Corporation (RSSC), which controls two-thirds of the
industry, to fund housing, education and health services, to the benefit
of employees, their dependants and the surrounding community.
"We've had a very paternalistic role," said John du Plessis, the RSSC's
assistant managing director. "Roads, telephones, electricity - the whole
local infrastructure is dependent on the company."
The RSSC has retrenched 500 employees in the past year, and is now
chipping away at social investments to counter falling profits. One of its
clinics has closed, support to local schools has been cut and housing
provision is likely to be reduced. Du Plessis believed it unlikely that
the government would step in and take over some of these services, because
lost tax revenue and reduced levies from sugar exports would reduce
inflows to the national treasury.
By scaling down social benefits and investing in other areas of sugar
production, like distilling alcohol, du Plessis predicted that large
producers like the RSSC would survive the price cuts, but smaller, less
established farmers who lacked the capital to switch to other crops would
not fare as well.
During the years when sugar was viewed as a vehicle for development and
poverty alleviation, small-scale farmers like the Mndzebeles were
persuaded to abandon staple crops, such as maize, and join cane-growing
cooperatives. These relied on guaranteed access to the EU market to repay
high-interest loans for irrigation and equipment, but declining world
sugar prices have already lengthened the repayment schedules of newer
cooperatives by several years, while dwindling profits and rising input
costs have pushed older ones to take out new loans just to maintain their
fields.
The SSA reports that the average smallholder cane farmer spends 33 percent
of income on interest, and additional price cuts were likely to push them
further into debt and even bankruptcy.
"It's bad; we're struggling," said the Mndzebele's neighbour, Lilah
Mabuza, 78. "Our electricity has been cut off and we can't pay for
schooling or clothing; we can't even buy fertilisers and chemicals for the
sugar cane and the crops are failing."
Sharon de Sousa of the SSA believes the sugar industry will remain viable,
despite its current woes. A slight rise in world prices this year and
improved exchange rates have helped offset the EU price cuts. Europe has
also promised 40 million Euros in aid during 2006 to countries affected by
the reforms.
Moses Mndzebele is cautiously optimistic: "I don't believe that God
created man so he can perish. God will provide something, and if he
doesn't, it's our fate."
-------------------------------------------

HIV/AIDS aggravates chronic hunger despite better harvests in Southern
Africa. World Food Programme (WFP)
28 June 2006.

WFP has warned that despite better harvests across southern Africa, more
than three million people will remain short of food because of chronic
vulnerability caused by grinding poverty and the world’s highest rates of
HIV/AIDS.

Malawi recorded its best harvest in nearly five years because of better
rainfall and more widespread availability of seeds and fertilisers.
“It is great news that the region will have a reprieve from the major food
deficits seen over the last few years,” said WFP Executive Director, James
Morris, who is also the UN Secretary General’s Special Envoy.

Epic proportions

“But as long as HIV/AIDS remains at such epic proportions throughout
southern Africa, a large number of people will face severe hardship unless
international assistance is provided. Good harvests do not necessarily
mean people have enough to eat.”
Many people in southern Africa will need humanitarian assistance for the
year ahead because they were unable to grow enough food to feed themselves
until the next harvest, or they are unable to buy food on the market.

Even though harvests in some countries have reached bumper levels, there
are concerns that surpluses may be bought by traders in East Africa,which
is facing food shortages, rather than being sold at affordable prices in
southern Africa.
In addition, because southern Africa has nine of the 10 highest HIV/AIDS
prevalence rates in the world, many people are just too ill to work land
or earn an income.

Orphans

The small amount of cash in poor HIV/AIDS-affected families is usually
spent on medicines to treat their loved ones and on funerals.
More than six million people are estimated to be infected with the virus
in Lesotho, Namibia, Malawi, Mozambique, Swaziland, Zambia and Zimbabwe.

The number of orphans and child-headed households is also increasingly
placing a heavy burden on family structures, communities, and the state.
Nearly half of all orphans due to HIV/AIDS in sub-Saharan Africa, live in
these seven countries.

“Food and good nutrition are crucial in battling against HIV/AIDS but it
is very tough to convince the international community of the complexity
and depth of the pandemic in this region, especially when people’s misery
is masked by green fields and good harvests,” Morris said.

“Orphans and other vulnerable children are a particular concern for WFP as
most governments can’t cope with the overwhelming number of young people
who need help,” Morris added.

Lifeline

“Food assistance for these children is their lifeline. Our support to them
and the other vulnerable groups must be steadfast.”
WFP needs US$85.5 million to provide food assistance to some three million
people in southern Africa through to December.
By then, the number of families needing help could increase dramatically
at the start of the ‘lean season,’ when they have exhausted their food
stock and await harvesting of the main crop in April/May.

At times over the last five years, WFP food has reached up to 13 million
people suffering from widespread food shortages caused by erratic weather,
poor government policies, economic stagnation and shortages of seeds and
fertilisers.

Selling off assets

During this period, many households were forced to sell assets such as
chickens, goats, cattle and even their cooking pots to survive, so it can
take families years to recover, unless they get assistance.

“Unlike crises elsewhere, the humanitarian challenges caused by HIV/AIDS
in southern Africa will linger on for generations,” Morris said.
“Desperate hungry people should not have to compete for international
assistance according to their level of deprivation. Turning away from
people devastated by AIDS because of other crises should not be an option
for the international community.”

Inventory

According to the SADC meeting, which brought together UN and
non-governmental organisations to discuss the preliminary harvest
findings, the 14-nation region recorded an overall deficit 1.65 million
tons, primarily attributed to significantly lower production levels in
South Africa.

In the countries that have been worst affected by food shortages since
2002, the preliminary situation shows the following:
Lesotho: This year’s grain harvest is estimated to be 24 percent higher
than last year. Lesotho produced 133,000 tons of cereals, which together
with carryover stocks, amounts to about 155,000 tons of available cereal
compared with a domestic consumption need of 383,000 tonnes.

Vulnerability remains widespread among the country’s poorest, with very
poor families renting out their land for others to cultivate, limiting
their own ability to grow subsistence crops.
In most areas, the poorer households depend on food aid and their numbers
could increase if market prices rise substantially in the coming months.

Malawi: A bumper harvest across the country has resulted in an estimated
surplus of 250,000 tons of cereals out of a total harvest of 2.35 million
tons.
However, some limited areas suffered production shortages and cash crop
producer prices are generally low – meaning that many small farmers will
not generate enough income to purchase supplementary food.
In addition, last year’s poor harvest eroded many household assets, as
families were reduced to selling all that they owned to buy food.

Mozambique: Preliminary results of the assessment indicate that food
security and nutrition in the country improved substantially, and the need
for food aid should drop by as much as 30 percent among non-critically
vulnerable groups.
The country produced 2.3 million tons of cereals including carryover stock
compared with a national requirement of 2.6 million tons.
The assessment noted more frequent daily meals and better household diet;
water and sanitation have improved, thanks to this year’s good rainfall
and an increase in new and improvement of existing water holes.

Namibia: In a country that is normally vulnerable to drought, this year’s
heavy rains improved overall food security - although recent flooding in
Caprivi and Mariental caused waterlogging and leaching of some crops.
Inadequate farming inputs such as seeds and fertilisers and the high cost
of supplies also affected crop production and disrupted livelihoods this
season.
Namibia produced 108,000 tons of food, which together with carryover
stocks brings cereal availability up to 184,000 tons versus a consumption
need of 313,000 tons.

Swaziland:Cereal production in Swaziland declined this year compared with
2005, primarily due to poor and unevenly distributed rainfall particularly
in the Lubombo Plateau and the impact of HIV/AIDS on the country’s most
vulnerable population.
Production together with carryover stock totalled about 81,000 tons of
cereal compared with a consumption requirement of 195,000 tons.

Zambia: The agricultural season was generally good with widespread
rainfall, despite the late onset of rains in parts of the north and east.
In some low-lying areas, excessive rains adversely affected crops.
Nonetheless, cereal production and carryover stock broke even with
consumption needs of about 1.6 million tons.

Exacerbation

Zambia was affected by soil erosion and degradation, damage to bridges and
roads which prevented people from reaching markets to purchase seeds and
fertiliser.
Over the next few months, the desperate sale of agricultural produce and
poor water and sanitation is likely to exacerbate the nutritional status
of vulnerable people.

Zimbabwe: Preliminary VAC results for Zimbabwe were not ready for
presentation at the SADC meeting, but according to information released to
SADC by Zimbabwe’s Central Statistics Office, the country produced a
cereal harvest of about 1.7 million tons.
However, according to the Food and Agriculture Organization (FAO), better
rainfall contributed to maize production within the range of 1 to 1.2
million tons. In comparison, the United States Department of Agriculture
in February estimated maize production of 900,000 tons.

Based on this data, FAO predicted a maize import requirement for the
2006/07 marketing year of about 300,000 tons, about a quarter of the level
of the previous year.

Contact: Michael Huggins WFP/Southern Africa Tel. +27 (0) 11 517 1662,
Mob. +27 (0) 832-913750
michael.huggins@...
Patricia Lucas WFP/Southern Africa Tel. +27 (0) 11 517 1536, Mob. +27 (0)
834-611794
patricia.lucas@...

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

Illovo board approves Associated British Foods takeover. Wendy Hall
(Business Day) 13 July 2006.

Shareholders of Africa’s biggest sugar producer Illovo unanimously
approved a takeover bid by Associated British Foods (ABF), which offered
£317m, or R3,8bn, to buy a 51% controlling stake in the group in May.

The company said 99,6% of Illovo’s shareholders had backed ABF’s bid for
control of the company at Illovo’s annual general meeting yesterday and
agreed to waive the condition that the company must offer to buy all
shares on the same terms according to stock exchange rules.

Illovo chairman Robbie Williams will retain his position after the
acquisition has been implemented, while ABF will appoint three
non-executive directors to the Illovo board.

The acquisition will give it access to low-cost production in African
countries including Malawi and Mozambique, which will be able to export
sugar duty-free to the European Union in 2009. Illovo has operations in
Zambia, Swaziland and Tanzania.

Williams said sugar production was forecast to increase marginally to
1,875-million tons for the season, while cane production was expected to
be 2% higher than last year at 5,5-million tons.

Illovo reported headline earnings a share growth of 127% to 104,2c for the
year ending March.

Williams said the performance was largely due to increased sugar
production, improved domestic sales, an increase in sugar prices, cost
savings and lower financing costs.

He said that while the world sugar price was strong, it remained volatile,
like that of many other commodities.

The rand-dollar exchange rate is more favourable for the company than in
the previous year, he said.

--------------------------------------------
Amnesty International Report 2006 – Swaziland. Legal and constitutional
developments. Violence against women and girls. Torture and misuse of
lethal force. Freedom of assembly attacked.

Over a quarter of the population faced severe food shortages. Three
quarters of those in clinical need of antiretroviral therapy were not
receiving it. A new Constitution was adopted amid continuing political
tensions. Victims of forced evictions were still unable to access their
rights. Reported rapes and other forms of sexual abuse of women and girls
increased, but the government proposed legislative reforms to improve
access to justice. Reports of torture, ill-treatment and misuse of lethal
force by members of the police persisted, and there was a lack of redress
for the victims. Limitations on freedoms of assembly and association
included the suppression of demonstrations by force. Three people were
under sentence of death. A draft law proposed creating 14 new death
penalty offences.

Legal and constitutional developments
In June a new Constitution was adopted by parliament. Civil society
organizations expressed concern at obstacles to public involvement in the
drafting and adoption of the Constitution and at provisions entrenching
the King's extensive powers and limiting the exercise of certain rights.
On 26 July 2005 the King assented to the new Constitution, which was then
published in the Government Gazette as law. However, the King failed to
issue a decree repealing the Proclamation of 12 April 1973, which vested
all legislative, executive and judicial powers in the King and banned
political parties. Government officials claimed that the Constitution was
not yet in force. In a test case heard in the High Court in December,
lawyers representing members of the Industrial Court argued that the
Constitution was the applicable and supreme law in this case. The High
Court had not given a ruling by the end of 2005.
The operations of the Judicial Services Commission were revived, and on
its advice the King appointed three new judges on an "acting" basis and
for one year only.
The government's obligations under a key 2002 Court of Appeal ruling
remained partly unfulfilled. The forcible eviction of Chief Mtfuso Dlamini
and his family from their home in KaMkhweli in 2000, along with that of
other families from Macetjeni, had triggered a four-year rule of law
crisis. In August the government refused to accept a petition from the
Dlamini clan of KaMkhweli for the unconditional return of Chief Mtfuso, in
exile in South Africa, as required under the Court ruling.

Violence against women and girls
In November a draft Sexual Offences and Domestic Violence Bill was issued
in response to increasing concerns about sexual violence against women and
young children. The Bill sought to redefine the crime of rape, criminalize
marital rape, and introduce protection for "vulnerable witnesses" as well
as new civil law remedies for those at risk of domestic violence. However,
it also proposed 14 new capital offences.
In October police officials confirmed an increase since 2002 in reported
rapes of women and children below 12 years of age. Over half the 544 rape
cases reported to police by July involved minors under 18 years and young
children. The Swaziland Action Group Against Abuse (SWAGAA), a
non-governmental organization, dealt with an average of 21 cases of rape
and sexual abuse a month in the first 10 months of the year. Perpetrators
included family members and teachers. The Commissioner of Police
established the Domestic Violence and Child Sexual Abuse unit in an
attempt to improve police response to these crimes.
The new Constitution guaranteed women equality under the law, except in
the "cultural" sphere. However, in a separate clause, which failed to
fully protect women's rights, a woman could "not be compelled to undergo
or uphold any custom to which she is in conscience opposed".

Access to health care

An HIV prevalence rate of 42.6 per cent was reported among women attending
antenatal clinics. The UN Programme on HIV/AIDS (UNAIDS) and the Ministry
of Health and Social Welfare reported that 56 per cent of pregnant women
aged 25 to 29 were HIV-positive. In March, 8,373 people were receiving
antiretroviral therapy, 23 per cent of those estimated to need it,
according to the World Health Organization and UNAIDS. The drug treatment
was free, but shortages were reported at certain hospitals. Access to
voluntary counselling and testing improved.
There were concerns that the proposal in the Sexual Offences and Domestic
Violence Bill, to provide a mandatory death penalty for "intentionally"
transmitting HIV through "unprotected sex with another person", would
increase the stigma associated with HIV/AIDS and discourage people from
learning their status.

Children's rights

School students were subjected to whippings and forced labour as a form of
collective punishment.
In a two-week period, 59 per cent of 2,750 Swazi children surveyed said
they were beaten at school, including with sticks, canes and sjamboks
(whips), a report by the international aid organization, Save the
Children, revealed in May.
In February, 16-year-old Sandile Melusi Mthethwa was sentenced to "six
strokes" by the High Court for culpable homicide.

Torture and misuse of lethal force

In January the Prime Minister released the Coroner's report into the death
in custody of Madlenkhosi Ngubeni on 22 May 2004. The Coroner concluded
that he had been tortured, possibly by suffocation methods, by the police,
who had also negligently failed to obtain urgent medical care. The Coroner
also recommended that police officers who had tortured him and other
detainees be investigated for possible prosecution, and that measures were
taken to improve police professionalism. In November, in response to a
civil claim for damages instituted by Madlenkhosi Ngubeni's family, the
government denied in court papers any responsibility for his death.
There were further reports of torture, beatings and the misuse of lethal
force by the police against crime suspects and political activists, and by
game rangers, who have immunity from prosecution under the Game Amendment
Act, against members of rural communities accused of illegal hunting.
Zwelithini Mamba and Andreas Tsabedze, charged with contravening the Game
Amendment Act, alleged in the Mbabane Magistrate's court that they had
been severely caned and beaten by game rangers when they were arrested in
Mlilwane Game Park in July.
Steven Thwala, arrested on 17 August and convicted a week later of
assaulting a police officer, alleged in court that he had been handcuffed
and subjected to suffocation torture. He instituted a civil action against
the police for the assault.
Police investigating petrol bombings of three police officers' homes
arrested supporters of banned organizations. Mabandla Gama, a member of
the Swaziland Youth Congress (SWAYOCO), was questioned at Mbabane police
station on the evening of 2 November. After returning home later that
night, he was reportedly taken again from his Nkwalini home by six
plain-clothes officers, and beaten and interrogated for several hours
before being left at a bus station. He required treatment in hospital for
his injuries.
On 24 May, Charles Mabuza was shot dead by police who had come to his home
to arrest his brother, Mfanzile Mabuza, for illegal possession of a
pistol. Mfanzile Mabuza and a police officer, Sergeant Mfanasibili
Dlamini, died in an exchange of gunfire. Initially the police said Charles
Mabuza had been shot dead by his brother, and arranged a hasty official
post-mortem without the presence of a family representative. After
intervention by the family's lawyer, a second post-mortem was conducted by
an independent forensic pathologist. The physical and ballistic evidence
confirmed that Charles Mabuza died from injuries caused by high velocity
gunshot consistent with that used in a police-issue R4/R5 assault rifle.
No criminal or disciplinary steps against any police officer had been
taken by the end of 2005.
In December the Siteki Magistrate's Court ordered the police to take
detainee Mduduzi Mamba to hospital for examination and treatment after he
complained in court that he had been subjected to suffocation torture and
beaten while suspended. He was charged with treason and attempted murder
in connection with petrol bombings of government infrastructure, and
remanded in custody.

Freedom of assembly attacked

In August, Roland Rudd and Lynn Dingani Mazibuko, members of the Swaziland
Agricultural and Plantation Workers Union, were acquitted of charges under
the Arms and Ammunition Act in connection with a trade union demonstration
in August 2003. Another accused, Alex Langwenya (see below), had been
acquitted in December 2004.
Police used excessive force against unarmed demonstrators in a number of
incidents.
On 8 September police fired tear gas without sufficient warning at
university students, injuring at least 10, including Khumbuzile Nkambule,
who was hit in the face by a tear gas canister. The students had gathered
outside the government's Cabinet Offices to protest at drastic reductions
in the number of student scholarships. Khumbuzile Nkambule and others
required hospital treatment. On 12 September the Deputy Commissioner of
Police announced an inquiry by the police Complaints and Discipline Unit.
No results were announced by the end of 2005. The student complainants
expressed concern that no inquiry had been conducted by an independent
body.
Demonstrations by opposition organizations were broken up by police on the
grounds that they remained prohibited under the 1973 Proclamation.
On 1 October tear gas and rubber bullets were used to disperse a SWAYOCO
rally in the Manzini area. Police arrested seven SWAYOCO officials and
members, including its president Alex Langwenya, who was beaten with
batons. On 3 October, Alex Langwenya and six others were charged with
malicious damage to property. After several court appearances, they were
released on bail and the case was remanded but no trial date was set.

Death penalty
No new death sentences were imposed. Three prisoners remained under
sentence of death awaiting the outcome of clemency appeals.
The new Constitution retained the death penalty but stated that the
punishment could not be mandatory. However, the Sexual Offences and
Domestic Violence Bill proposed 14 new offences carrying a mandatory death
penalty.
--------------------------------------------
The Internal and External Balance of Forces in Swaziland. Paper presented
by B.Vincent Dlamini, PUDEMO Annual Conference and Strategic Planning June
28 – July 2, 2006.

Introduction

...A proper understanding of the given balance of forces is critical in
defining the tactics that PUDEMO should adopt at this stage of our
struggle. To ignore this would be to fall victim to actions that have
nothing to do with the strategic objectives of our revolution and such
actions could lead to the defeat of the revolution itself. Historic
moments are few and far between, where revolutionaries are called upon to
throw caution to the wind.
On the other hand, a fixation with balance of forces as an unchangeable
phenomenon results in dangerous stagnation and can lead to indecision and
even reaction. Objective circumstances are not carved in stone. We must
not preach caution where bold action is required. Any balance of forces is
dynamic, influenced by changing internal and external factors.
Our strategy and tactics must be informed by the obtaining political
conditions in our country; the strength of the Tinkhundla system; the
economic conditions; the balance of forces between PUDEMO and her allies
on the one side, and the Tinkhundla regime and its allies on the other
side.

An overview of the situation in Swaziland

- The Tinkhundla system is facing a deep-seated and permanent crisis
forcing the royal regime to attempt to overhaul the system.
- The crisis of the system gives rise to on-going struggle.
- The Tinkhundla regime has a well oiled machinery in financial and
political terms, owing to their control of the state apparatus,
particularly the security forces, civil service, key sectors of the
economy and a traditional social base of loyalists.
- The forces of democracy, political and otherwise, are not yet in a
position to challenge for and usurp power although large sections of our
people clearly see the Tinkhundla regime as having no legitimacy. We are
therefore, near and yet so far from our goal of democracy.
- Major forces internationally and regionally are seeking a way with which
to effect a compromise between the contending forces, which might not
necessarily be favourable to the struggling masses.

Swaziland is amongst the most economically unequal and poverty stricken
countries of the world as shown by the following indicators:

- 69% of the population lives below the poverty line of E128 per month.
This situation is further worsened by the neo-liberal restructuring of the
economy through the government’s Public Sector Management Programme
(PSMP), the Economic and Social Reform Agenda (ESRA) and the current
SPEED. These policies combine to widen the gap between the rich and the
poor, whilst worsening the living conditions for the majority of our
people, working and rural masses in particular.
- 48% of the population lives under extreme poverty; 76% of the poor are
found in rural areas and more than 40% of households have never had enough
to eat (SHIES 2001).
- An estimated 300 000 people depend on food aid to survive.
- 56.4% of the wealth is held by the richest 20% whilst the poorest 20%
hold only 4.3% (SHIES 2001).
- Unemployment is estimated at around 40% (2005 est.) Youth unemployment
is around 40% and it is estimated at 70% for women.
- 54% of the population are children below 19 years of age and 3.1% are
adults above 64 years. Women make up 54% of the total population.
- HIV/ AIDS prevalence rate is estimated at around 42% making Swaziland a
country with the highest infection rate in the world. Meanwhile the
2006/2007 budget allocated a paltry E30M to NERCHA for anti-HIV/AIDS
programmes and a whopping E200M for royal expenditure!
- There is no meaningful social security scheme to provide for the
elderly, orphans, the unemployed, children, the disabled, etc., except for
the chaotic OVC (Orphans and Vulnerable Children) Fund run by the Ministry
of Education and the token E80 per month given some elderly people.
- About 70% of the population lives in the rural areas and derive their
livelihood mainly from subsistence agriculture on Swazi Nation Land (SNL).
- Population density is approximately 69 persons per square km. Only 11%
of the country’s land area of 17,360 square kilometers is arable. 56% of
this is SNL, communal land held by the King in trust for the nation and
administered by chiefs; 43% is TDL, privately owned by government,
companies and individuals (including royalty) and less than 1% is for
urban development.
- Real GDP growth is estimated at 1.8% per annum (Central Bank Report
31/03/06).
- Total population of disadvantaged people was estimated at 756,000 in
2001 (SHIES 2001).

The motive forces for change
The motive forces for change in Swaziland comprise the unemployed,
workers, women, progressive intellectuals, small business people, the
youth, students and the rural and peasant masses. Of course, the core of
the motive forces for change is the working class and the peasants, who by
virtue of their class position and social existence are placed in the
leadership of the struggle for freedom. By its heroic activism and strong
organization, the working class has won the respect of other motive forces
as the leader of the National Democratic Revolution (NDR). Along with the
poor rural masses, the working class stands to gain most from the success
of the liberation struggle. Because of its organization and role, and
objectively because of its numbers and position in the production process,
the working class is critical to the process of liberation.
Let us analyze some of these motive forces one by one:

Trade unions and organized workers
The trade union movement is the single most organized sector of the
working class. This coupled with its strategic placement in the production
process, bestows upon it the task of being the most frontline detachment
in the struggle for freedom. This is very true for Swaziland where
political movements are barred by legislation and hence trade unions
remain key in the providing a forum for mass mobilization and
organization.

The state of the trade union movement at present is one characterized, at
least at leadership level, by serious lack of internal democracy
(transparency, accountability and worker control); an unclear ideological
orientation; poor service delivery to membership in most unions;
corruption; careerism and opportunism, etc. However, there are also
efforts initiated by lower structures of national federations and unions
to change this situation, and this has been met with resistance resulting
in suspensions, marginalization, threats and even blackmail.

The two federations (SFTU and SFL) are characterized by different
traditions, approaches, philosophies and general orientations towards
issues affecting workers both in the workplace and in their communities.
One of them is rooted in the traditions of a militant social movement type
of activism, while the other one is rooted in traditions of compliance
activism or narrow corporate activism. Besides these two federations,
there exists an independent and non-affiliated national teachers’ union,
SNAT, which is rooted in traditions of craft trade unionism and blends
traditions of the two federations, to varying extents.

There are SFTU affiliates that were suspended by the federation, i.e.,
SNACS, SNA and STAWU which issue still remains unresolved at present. One
of them, STAWU, is reported to support for the formation of a third
federation to represent workers. SNACS is reported to be studying her
options on this matter. Another affiliate of SFTU, the Swaziland
Amalgamated Trade Unions (SATU), has accused the federation of dispatching
saboteurs to destroy it by recruiting its members wherever they exist.
This is another indication of the problems faced by the trade union
movement in Swaziland. PUDEMO must provide political leadership and
guidance on these and other similar problems existing within the labour
movement, SFTU in particular.

PUDEMO noted (2003) that our relationship with the trade union movement is
characterized by contradictions, mutual understanding, mistrust and
skepticism. There is no space for open and honest debates on the
fundamental questions and strategic tasks of our struggle. Debates usually
revolve around spontaneous campaigns, without honestly reflecting on the
broad thrust and long-term programme of transformation in Swaziland. The
behaviour of leadership of SFTU and SNAT around the April 12, 2006 border
blockade, which they publicly denounced, is one clear-cut example of how
deep the contradictions can run. On the one hand, the same SFTU invited
PUDEMO to address the ILO high-level mission to Swaziland on June 22,
2006. It is a fundamental reality that the trade union movement is heavily
contested by various forces some of which are hostile to PUDEMO.

Trade union membership
Swaziland National Association of Teachers (SNAT)
SNAT membership is estimated at 8,371 out of a total teacher population of
9,291. These figures only reflect the public sector, i.e., teachers
employed by the Swaziland Government.

Swaziland National Association of Civil Servants (SNACS)
SNACS membership is estimated at 4,897 out of total employees numbering
19,773.

Swaziland Nurses Association (SNA)
SNA total membership is estimated at 1,552 comprising 720 members in the
public sector and 832 members in the private sector.

Swaziland Transport & Allied Workers Union (STAWU)
STAWU membership is estimated at around 1500 members.

Swaziland Amalgamated Trade Unions (SATU)
SATU organizes the construction, engineering, mining & quarrying sectors.
Its membership is estimated at around 2000 members.

Swaziland Federation of Labour (SFL):
SFL is composed of 11 affiliates totaling an estimated 10,900 members
broken down as follows:

Swaziland Manufacturing & Allied Workers Union (SMAWU): 6,500
Swaziland Commercial & Allied Workers Union (SCAWU): 2,140
Swaziland Union of Financial Institutions &
Allied Workers Union (SUFIAWU): 1,100
Swaziland Pulp & Paper Manufacturing &
Allied Workers Union (SWAPPMAWU): 400
Swaziland National Learning Institutions & Allied Workers Union
(SNALIAWU): 260
Insurance & Allied Undertakings Workers Union (IAUWU): 150
Swaziland Pre-Schools & Allied Workers Union (SPRESAWU): 100
Swaziland Beverages Staff Association: 85
Swaziland Health Institutions & Allied Workers Union (SHIAWU): 60
Staff Association of Swazi Spa Holdings (SASH): 60
Siyanqoba Staff Association (SSA): 45
Total Membership 10,900

Swaziland Federation of Trade Unions (SFTU):
The membership of SFTU is estimated at around 12,000. SFTU affiliates are
estimated at around 15 and their individual membership breakdown could not
be ascertained.
Affiliates:
Swaziland Media, Publishers & Allied Workers Union
Workers Union of Swaziland Town Councils
Swaziland Processing & Refining Allied Workers Union
Swaziland Water Services and Allied Workers Union
Swaziland Security Guards & Allied Workers Union
Swaziland Agriculture & Plantations Workers Union
Union of Swaziland Conservation Workers
Swaziland Electricity Supply, Maintenance & Allied Workers Union
Swaziland Hotel, Catering & Allied Workers Union
Swaziland Posts & Telecommunications Workers Union
Swaziland Union of Non-Academic Staff for Higher Institutions
Commercial & Allied Union of Swaziland
Construction Workers Union of Swaziland
Total Membership 12,000

...The decline in the numbers of employed people, or rather the increase
in job losses, over the years a result of the neo-liberal policies of
globalization and privatization, has led to the fragmentation of the
working class (particulalry organized workers in gainful employment) into
three categories:
1. Unionized workers in formal employment enjoying, in comparison, better
jobs and working conditions;
2. Casual and temporary labour, including those involved in survivalist
activities and;
3. An army of the unemployed and marginalized dependent on food aid and
remittances from extended families in the other two categories.
The challenges faced by the labour movement require that PUDEMO and
SWAYOCO cadres, particularly those in trade unions, participate fully in
building and strengthening trade unions as part of their commitment
towards achieving the goals of our struggle. PUDEMO encourages all workers
who are members of the movement to participate in various forums,
particularly the Workers’ Forum, in order to debate and sharpen their
skills in trade union organizing and mobilization.

Women
“ The emancipation of women is not an act of charity, the result of a
humanitarian or compassionate attitude. The liberation of women is a
fundamental necessity for the Revolution, the guarantee of its continuity
and the pre-condition for its victory….” Samora Machel (4 March 1973)

Women constitute approximately 52% of the Swazi population. PUDEMO must
prioritize gender issues in order to effectively challenge gender
oppression and advance the cause of women’s emancipation. In 1997, there
were approximately 507,202 females in the country compared to 473, 520
males (Swaziland Census Report 1997).

All PUDEMO cadres must fully grasp the reality that women are triply
oppressed: first as women in society and in the family/ home situation;
secondly, they are oppressed as human beings denied their freedom by the
Tinkhundla regime, and lastly they are exploited by the system of
capitalism at the workplace.

It is in this regard that efforts to build a strong and revolutionary
national women’s movement under the umbrella of PUDEMO Women’s League
should be supported in all respects. We must consciously prioritize issues
affecting working class and rural women since they are the motive forces
of our revolution. At the same time we should cautiously engage all NGOs
that work with women in order to pursue our goals.

Rural and peasant masses
70% of the Swazi population lives in the rural areas, mainly on Swazi
Nation Land (SNL), which constitutes 56% of arable land in the country.
This land in administered on behalf of the King by chiefs who forcefully
require tribute labour from the peasant masses. The emancipation of the
rural and peasant masses relies heavily on the successful resolution of
the land question and political power relations in Swaziland. The current
constitution entrenches previous land ownership and administrative
patterns that vested all such powers in the King, subjecting the masses to
arbitrary removals and evictions like slaves.

The organization of the rural masses requires mastery of their lifestyle
and values, and most importantly the use of their language, siSwati, to
express our viewpoints. Total literacy rose from 70% in 1986 to 81.3% in
1997. In 1997 rural literacy rate was estimated at 78.3% compared to 90%
in urban areas, higher amongst men (82.6%) than amongst women (80.2%).

Creative forms of propaganda are required to breakdown the barriers of
ignorance, royal values, mystified ideas and backwardness amongst the
rural people in Swaziland. We should avoid falling victim to either of two
extremes:
1. Upholding backward cultural values and practices of the past in an
attempt to appease the masses and win influence;
2. Rejecting even the cultural values and practices that do not hinder
the progress of our struggle in an effort to demonstrate radicalism.

Other important statistics for mobilizing rural communities are:
1. In Shiselweni only 3.5% of households travel less than 30 minutes to
the nearest health facility and in Lubombo, the figure is 7.6%.
2. In rural areas 50% of households don’t have access to safe water
sources and in dry winter they are forced to share water with animals.
3. According to the 1997 SPHC, there were 395,385 housing units throughout
Swaziland; 317,480 (80%) were in rural areas where most of the poor live.
Of these, 163,905 were grass-thatched and 213,314 constructed with mud,
poles and grass.
4. The poverty prevalence in grass-thatched houses was 79% compared to 18%
in tiled roofs. It was 73% poverty in mud and poles compared to 44% in
brick-walled houses.

Youth and students
The youth constitute the majority of the Swazi population and about 40% of
the unemployed working class. People under the age of 19 account for 54%
of the population; those under 15 years account for 44.4% and only 3.1%
for those above 64 years. This is SWAYOCO terrain of organizing and
mobilizing as it fulfills the mission to “act as a preparatory political
school of the movement, building and supplying advanced cadres to the
whole movement for democracy in line with PUDEMO’s goals”.

In Swaziland 23% of children never go to school and a further 17% dropout
of school before they finish primary school. Those children are deprived
of a basic need to read and write and their chances of breaking the
poverty cycle are very slim. In 2001 there were 547 primary schools in the
country, mainly constructed by communities, with a total enrolment of
230,000 pupils.
Of the total enrolment 82% of the children are in rural areas. In 1999,
there were 51 junior secondary schools admitting 4,943 students and 126
senior secondary schools admitting 25,798 students. In the 2003/04
academic year there were approximately 5000 students at UNISWA.

SWAYOCO, SNUS and SAS should combine their political foresightedness and
vision, commitment and dedication, as well as focus and disciplined
engagement on the ground to mobilize students and the youth on the ground
around issues of free education for all.

The Swaziland Democratic Alliance (SDA)

This structure is a front as correctly observed by PUDEMO in 2003 due to
its loose qualification procedures. It is currently crippled by the fact
that the NNLC decided to contest elections in 2003 and their president who
happens to be the chairperson of the SDA could not continue with this role
for obvious reasons. There is a need for honest debate around the
character of this or any similar structure in order to establish the
principles of engagement and participation therein.

Religious organizations

“Religion is social phenomenon. As a social reality it is inevitably
political. Throughout human history, religion has been used as an ideology
by either oppressive powers or by forces of political renewal in their
struggles for a more just and humane world.” J.N. Vilakati
According to the CIA World Fact book (2006), religious organization in
Swaziland is distributed as follows:
Zionist: 40% (a blend of Christianity and indigenous ancestral worship);
Roman Catholic: 20%
Muslim: 10%
Anglican, Bahai, Methodist, Mormon, Jewish and other: 20%
The above broadly fall under one of the following organizations:
The League of Swaziland Churches
The Swaziland Conference of Churches
The Council of Swaziland Churches
From the opening quote by Vilakati, it is clear that we need to mobilize
the church around practical programmes and win them over to our struggle
for a more just and humane world.

Business community
These must be mobilized, particularly small and medium Swazi business
people who should be made to understand that freedom and democracy in
Swaziland is their long-term strategic interests hence they must play a
positive role towards the success of political transformation.

Business people are broadly organized under:
Federation of Swaziland Employers/ Chamber of Commerce & Industry
Federation of the Swazi Business Community

Forces that resist change
The Monarchy: King, Queen, Princes and Princesses, Swaziland National
Council (SNC), Cabinet, Parliament, Chiefs, Tindvuna at all levels, etc.
There are about 340 Chiefdoms in Swaziland under 55 Tinkhundla Centers.

The 2006 Constitution
It has the potential of dividing the progressive movement in general and
Pudemo in particular. In 2003, even some of PUDEMO members contested the
elections and lost in areas like Piggs-Peak, Siphofaneni, Zombodze Emuva,
and Lavumisa. This was against the movement’s Esikhawini Congress
Resolution on this matter.
The constitution and the euphoria around it may blind us into a political
cul-de sac flashing reforms that are far from the objectives of our
struggle.

Armed Forces
Umbutfo Swaziland Defence Force (USDF) consists of an estimated 4300
members. However, it may it is known that some civilians with royal
connections are paid under the defence budget as soldiers even if they are
not active combatants. This figure should be assumed at not more than 5%
of the estimate.
Royal Swaziland Police Force (RSP) members are estimated around 3211 as at
01/04/06 but will increase to 3384 by 01/04/07
His Majesty’s Correctional Services members are estimated at 1,222 as at
01/04/06.

The external balance of forces

1. The world is currently under the dominance of the capitalist system,
with a growing divide between the rich North and the predominantly poor
South, which includes our country Swaziland. Despite this we must continue
in our efforts to bring freedom and democracy in our country.
Globalization in its structure and manifestations provide both
opportunities and threats to our quest to build a more equitable and just
society.

2. Africa has taken important steps to position herself to achieve her
renaissance. The moves towards greater regional integration, the efforts
for Africa to resolve her own conflicts, the formation of the African
Union and the NEPAD initiative are important steps taken by the continent
towards creating a better environment for development. Problems,
constraints and challenges still remain around these issues but they
should not derail progress.

3. The anti-globalization movement has played a big role in putting the
issues of a more just world order on the front pages and in the headlines
of the world media. We note that social movements cannot become
substitutes for an ideologically coherent and cohesive political movement,
which is an instrument for the advance of the interests of the poor and
working people all over the world.

4. A serious challenge to the international progressive forces has been
created in the aftermath of September 11th 2001. The global war against
terrorism has created the intensification of war rhetoric and the increase
of war budgets and resources. This created space for certain countries to
take unilateral decisions of the deepest implication for global peace and
security and for the war against poverty and underdevelopment. Rather than
intensify the war against terrorism, this has created ripe conditions for
more violence and strife.

5. Combined efforts of the international mission of PUDEMO and SSN has
created more avenues for the advance of our struggle particularly in
Europe and this has come at the most opportune moment.

6. The royal regime is beginning to feel the “heat” as evidenced by its
attempts to launch propaganda mission in Europe led by the PM and the DPM
“to try and clarify Swazi democracy.” The open calls for the King to allow
multi-party politics made by the British High Commissioner and
subsequently the Dutch ambassador earlier this year are commendable
indicators that indeed the winds of change are blowing.

7. Of course, there are still reactionary voices like the Italian
ambassador but he also must be engaged because “the great valley of
Umzimkulu is in darkness but the light will come there. Ndotsheni is in
darkness too but the light will come there also.”

References

ANC Strategy and Tactics: December 1997.
CIA- The World Factbook – Swaziland.
http://www.cia.gov/cia/publications/factbook/geos/wz/html (06/15/2006)
Department of Labour “Annual Labour Report: 2005.” Department of Labour,
Mbabane.
Establishment Register: Summary of Posts By Department 2006/2007.
Swaziland Government
Machel S. “The Emancipation of Women Is Essential for the Revolution.”
1973
Mutangira J.P.B. “Demographic Transformation In Swaziland: The Role Of
Educational And Training.” OSSREA Swaziland 2003
Poverty Reduction Task Force. Draft Poverty Reduction Strategy and Action
Plan, Volume 1. MioEPD, March 2005
Umrabulo Number 16 .The Balance of Forces, August 2002.
PUDEMO Political Report: Annual Conference 2003. Piet Retief
Swaziland Population and Housing Census 1997. Central Statistical Office,
Mbabane.
The Political Balance of Forces: A COSATU Perspective.
http://sacp.org.za/SACP/ac/ac162g.html (06/06/2006)
Vilakati J.N. From Cultural Nationalism To Christian Nationalism:
Continuity And Innovation Within Ruling Class Ideology In Swaziland.
OSSREA Swaziland Chapter 2003.

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