JUSTICE DENIED: THE FLAWED CONVICTION OF ESWATINI’S REFORMIST MPS

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The conviction of Members of Parliament Mduduzi Bacede Mabuza and Mthandeni Dube is a glaring reminder of the systemic oppression in Eswatini. These two men, representatives of their constituencies and advocates for political and human rights reform, have endured nearly two years of arbitrary detention. Their imprisonment and conviction on charges of terrorism, sedition, and murder are as flawed as they are unjust. On June 1, 2023, they were found guilty under laws that have long been criticized for their repression of dissent. They now face over 20 years in prison simply for daring to speak up for the people they represent.

Their ordeal began on July 25, 2021, when they were arrested for their role in calling for political reforms during the 2021 protests. These protests were sparked by the killing of a student, allegedly at the hands of the police, and became a flashpoint for nationwide demands for democracy and accountability. The MPs made speeches advocating for a system in which the Prime Minister would be elected by the people, rather than appointed by the king—a call that resonated deeply with ordinary citizens but infuriated the monarchy.

The conditions of their detention are a damning indictment of Eswatini’s justice system. While in custody, both MPs have been beaten, denied access to legal counsel, and refused medical care. In September 2022, they were brutally attacked in their prison cell by members of the prison transport unit. Despite clear evidence of these abuses, no investigation has been conducted, and no accountability has been demanded from those responsible. The message is clear: in Eswatini, dissent is met not with dialogue but with violence and repression.

Their conviction is rooted in the use of the 1938 Sedition and Subversive Activities Act and the 2008 Suppression of Terrorism Act, both of which have been weaponized against activists, journalists, and opposition figures. These laws, declared unconstitutional in parts by the Eswatini High Court in 2016, remain tools of oppression, used to stifle any challenge to the monarchy. The allegations against the MPs—ranging from terrorism to trumped-up murder charges—are baseless. Amnesty International has documented how these charges lack evidence and are part of a calculated effort to remove the MPs from the political landscape.

Their imprisonment is not just a punishment for their activism but a warning to anyone who dares to challenge the status quo. The government’s actions are a direct assault on the rights to freedom of expression, association, and peaceful assembly, all of which are enshrined in Eswatini’s Constitution and international human rights treaties to which the country is a party. Yet, these rights are routinely ignored in favor of preserving the absolute power of the monarchy.

The 2021 protests, which saw the brutal suppression of demonstrators and the deaths of over 80 people, marked a turning point in Eswatini’s political crisis. What began as peaceful calls for reform turned into one of the bloodiest crackdowns in the country’s history. The arrest of Mduduzi Bacede Mabuza and Mthandeni Dube was part of the monarchy’s broader strategy to silence dissent and maintain control through fear and intimidation.

Their flawed conviction must be overturned. The international community has a responsibility to hold Eswatini’s government accountable for its blatant disregard for human rights. The calls from Amnesty International and other organizations for the immediate and unconditional release of these MPs must not go unanswered. Their continued detention is a stain on the nation and a violation of the very principles of justice and democracy that they were advocating for.

The people of Eswatini deserve leaders who are free to represent them without fear of persecution. Activism should not be a crime. The fight for justice for Mduduzi Bacede Mabuza and Mthandeni Dube is a fight for the soul of our nation. Their imprisonment is not just their burden—it is a burden on all of us who believe in freedom, equality, and the right to demand a better future.

Eswatini cannot continue to operate as a kingdom where the voices of its people are silenced through imprisonment and violence. We must stand together and demand justice, not just for these two MPs but for every citizen who has been denied their rights. The release of Mduduzi Bacede Mabuza and Mthandeni Dube would be a step toward healing the fractures in our nation and rebuilding trust between the people and those in power. Until then, the struggle for justice continues, and we will not be silenced.

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