THE WEAPONIZATION OF LAWS: HOW ESWATINI USES LEGISLATION TO CRUSH ACTIVISM
In Eswatini, the very laws meant to protect the rights and freedoms of citizens have been weaponized to suppress dissent. For decades, the monarchy has used draconian legislation to silence activists, opposition members, and anyone who dares to challenge its authority. This reality was painfully evident in June 2022, as the government intensified its efforts to stifle political activism and human rights advocacy through unjust legal frameworks.
Two of the most notorious laws used to target dissenters in Eswatini are the 1938 Sedition and Subversive Activities Act (SSA) and the 2008 Suppression of Terrorism Act (STA). Both have been criticized for their broad definitions and vague language, allowing the government to criminalize peaceful activism. In 2016, the High Court of Eswatini declared certain provisions of these laws unconstitutional, as they violated the rights enshrined in the nation’s constitution. Yet, the government has continued to use them as tools of repression, disregarding court rulings and international human rights standards.
One of the most high-profile cases under these laws is the continued detention of Members of Parliament Mduduzi Bacede Mabuza and Mthandeni Dube. These MPs were arrested in July 2021 under charges of terrorism and sedition after they publicly called for democratic reforms. Their crime? Advocating for the election of the Prime Minister by the people instead of appointment by the king. Despite their peaceful actions, they remain imprisoned, facing sentences of over 20 years. Their trial has been marred by allegations of abuse, including beatings while in detention and denial of access to legal representation and medical care. Their imprisonment serves as a warning to others who might consider speaking out against the monarchy.
Labor unions, too, have found themselves targeted by these repressive laws. The Swaziland Transport, Communication and Allied Workers Union (SWATCAWU) faced intensified persecution in 2022. Union leaders, including general secretary Sticks Nkambule, were subjected to harassment, threats, and arrest warrants under the guise of maintaining national security. These actions are a clear abuse of the STA and SSA, which are used not to combat terrorism or sedition, but to suppress legitimate demands for better working conditions and political reform.
The application of these laws goes beyond arrests and detentions. They create a climate of fear, where citizens are hesitant to exercise their rights to freedom of expression, assembly, and association. Peaceful protests are criminalized, and activists are labeled as threats to national security. The fear of being charged under the STA or SSA looms large, silencing many voices before they can even speak out.
This weaponization of laws is not limited to activists within Eswatini’s borders. Even those in exile, like myself, face threats and harassment. The government has used these laws as a pretext to monitor and intimidate diaspora activists, making it clear that no one is beyond their reach. For those of us who have fled the country, the fight for democracy continues, but the risks remain.
The international community has repeatedly condemned Eswatini’s misuse of these laws, but condemnation alone is not enough. Regional bodies like the Southern African Development Community (SADC) and the African Union must exert greater pressure on the monarchy to repeal or amend the STA and SSA. These laws not only violate Eswatini’s own constitution but also breach international human rights treaties to which the country is a party.
In the face of this legal oppression, the resilience of the people of Eswatini is remarkable. Activists, labor leaders, and community organizers continue to demand justice despite the risks. They remind us that the fight for freedom cannot be legislated out of existence. While the government may use these laws to suppress dissent, it cannot extinguish the desire for democracy and dignity.
As I write this from exile in the United Kingdom, I am reminded of the sacrifices made by so many in Eswatini. The weaponization of laws is a tactic of fear, but fear cannot last forever. Change is inevitable, and the voices silenced by these laws will one day rise again. Until then, we must continue to speak out, to document these abuses, and to demand justice for the people of Eswatini. Together, we can dismantle the structures of oppression and build a future where the law is a shield for the people, not a sword against them.
