European Parly sends member to Senate President, Speaker
‘‘Otherwise it was a very fruitful meeting and we hope in future both parliaments can work together to learn best practices from each other,” said Xaba.
MBABANE – A member of the European Parliament was in the country to meet presiding officers.
Member of Parliament (MP) Hannes Heide, a member of the Group of Progressive Alliance of Socialists and Democrats in the European Parliament, was able to discuss political issues with them.
The presiding officers are; Senate President Pastor Lindiwe Dlamini and Speaker Petros Mavimbela.
MP Heide met them a fortnight ago. The MP from Europe is a member of the Committee on Culture and Education and served as in the committee of inquiry to investigate the use of Pegasus and equivalent surveillance spyware.
He is part of a delegation of the African, Carribean and Pacific Group of States (ACP-EU)-European Union Joint Parliamentary Assembly.
MP Heide served in the delegation for relations with the Pan-African Parliament.
TALKED ABOUT THE ISSUE
The Times SUNDAY has learnt that the European MP talked about the issue of incarcerated MPs; Mduduzi Bacede Mabuza and Mthandeni Dube.
It could not be ascertained what he exactly said, but a source said he told them that the European Parliament did not take kindly to the incarceration of the legislators.
Benedict Xaba, the Clerk to Parliament, said there was actually no specific agenda for the meeting. He disputed the notion that MP Heide came to Eswatini to specifically address the issue of the two MPs.
He did confirm though that he met the country’s presiding officers as a ‘courtesy call.’
Xaba said they discussed local and global politics. The clerk to Parliament said the country’s Senate president and Speaker Mavimbela got the opportunity to educate the European MP about the Tinkhundla System of Government.
ISSUES AROUND POLITICS
“As politicians they discussed a lot of issues around politics both in the country and global. What was key in the meeting is that Pos (presiding officers) educated him on our Tinkhundla System as how it works,” Xaba said.
He said the European legislator had an interest in the Eswatini culture as an MP responsible for tradition in his native country. He said Speaker
Mavimbela and Senate President Dlamini further educated him on how the country has been able to preserve its culture. As a result, Xaba said, the European MP visited Mantenga Cultural Village to experience the culture to which he had been exposed to.
VERY FRUITFUL MEETING
“Otherwise it was a very fruitful meeting and we hope in future both parliaments can work together to learn best practices from each other,” said Xaba.
In 2015, the European Parliament took interest in the political affairs of the country. They had to move a motion on the arrest of Thulani Maseko, the Human Rights Lawyer and Bheki Makhubu, the Nation Magazine Editor.
The European Parliament – having regard to the statement of July 30, 2014 by the Spokesperson of the HR/VP on the sentencing of the Nation Magazine Editor Makhubu and Human Rights Lawyer Maseko, having regard to the African Commission on Human and Peoples’ Rights resolution 286 on Freedom of expression in the Kingdom of Swaziland (Eswatini), having regard to the local EU statement of April 1, 2014 on the recent arrest and continued detention of the Nation Magazine Editor Makhubu and Human Rights Lawyer Maseko, having regard to the press release of March 28, 2014 by the Special Rapporteur on Freedom of Expression and Access to Information in Africa on the arrest of Maseko and Makhubu, having regard to the EU statement of June 6, 2014 on Zimbabwe at International Labour Conference, having regard to the Constitution of the Kingdom of Swaziland (Eswatini), and notably article 24 which protects freedom of expression and opinion, including freedom of press and other media, having regard to the African Charter on Human and Peoples’ Rights, having regard to the Cotonou Agreement, having regard to Rule 135 of its Rules of Procedure,
The motion stated that following a series of critical articles against the integrity, the independence and the impartiality of the judicial system in Swaziland (Eswatini), Maseko, a prominent human rights lawyer and editor of an independent newspaper, was arrested and charged with contempt of court on March 17, 2014.
This happened the day after, journalist Makhubu was equally arrested and
charged with the same offence;
It is said that the court ruled on April 6, 2014, that the arrest warrants, charges and pre-trial detention were unlawful and Maseko and Makhubu were released; whereas two days after, both were arrested again after the authorities appealed the court decision.
DELIBERATED ON THE MOTION
The MPs deliberated on the motion which chronicled the activities that occurred in the country during the arrest of the duo.
It is said that they were convicted of contempt of court by the High Court of Swaziland (Eswatini) and sentenced to two years of prison, a ruling which appears to be disproportionate compared to the ordinary 30-day sentence with the option to pay a fine for similar cases.
The incarceration of the duo attracted attention and deep analysis of the political landscape of the country as the European MPs felt they should also look at the ban of political parties.
A delegation from Eswatini, led by Jabulile Mashwama, the then Cabinet Minister, flew to Belgium to negotiate with the European Parliament.
The arrest of Makhubu and Maseko made the European Parliament to also consider the following for investigation - whereas the government of Swaziland (Eswatini) is alleged to continuously arrest and imprison trade unionists, journalists, political activists and Civil Society Organisations representatives, who have challenged government policy; whereas a considerable number of Swazi Laws still place restrictions on freedom of expression and access to information, and political parties have been banned since 1973; whereas media censorship and police impunity are prevalent in the country; whereas in Swaziland (Eswatini) opposition to the monarchy is severely punished; whereas many pro-democracy activists, including the leader of the main opposition movement PUDEMO, were arrested and charged with high treason and terrorism under the very criticised Suppression of Terrorism Act;
The Parliament expressed concern over the conviction and sentencing of Maseko and Makhubu as that was an infringement of their right to freedom of expression and opinion.
They then urged the authorities of the country to ensure that the charges and proceedings against the duo were fully consistent with Eswatini’s obligations to respect fundamental rights and the right to a fair trial before an independent and impartial court.
The Parliament of Europe also ruled as follows -
Urges the authorities of Swaziland (Eswatini) to immediately and unconditionally release all prisoners of conscience and political prisoners;
Urges the government of Swaziland (Eswatini) to respect, protect and promote the civil and political rights of its citizens, including the right to freedom of expression, as provided for in the African Charter, the Universal Declaration of Human Rights and other international and regional human rights instruments; Recalls the commitment made by Swaziland (Eswatini) under the Cotonou Agreement to respect democracy, the rule of law and human rights principles which include freedom of expression and freedom of the media;
Calls on the Government of Swaziland (Eswatini) to take concrete measures to guarantee plurality and democracy, and to establish a legislative framework allowing the registration, operation and full participation of political parties;
Stresses that the independence of the Judiciary is a fundamental democratic principle;