Times of Eswatini

On jailed MPs

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following allegation­s of human rights violations - Arbitrary arrest and detention; ●

Inhumane conditions of detention; ●

Lack of due process at the investigat­ion stage; ● Lack of fair trial proceeding­s ●

([cessive delays; ●

9iolation of freedom of e[pression and opinion; ●

9iolation of freedom of assembly and associatio­n; ●

)ailure to respect parliament­ary immunity; ● Other acts obstructin­g the e[ercise of the parliament­ary ● mandate;

According to the report on the .igali Assembly, the Governing Council of the IPU appreciate­d Mavimbela¶s spirit of cooperatio­n during his hearing with the Committee on +uman 5ights of Parliament­arians.

³The Governing Council of the Inter-Parliament­ary Union thanks the Speaker of the +ouse of Assembly for the informatio­n provided in his letter of October , and during the hearing with the Committee on the +uman 5ights of Parliament­arians at the IPU Assembly; appreciate­s his

th spirit of cooperatio­n and the invitation e[tended to the committee to send a delegation to (swatini, as confirmed in his discussion­s with the IPU Secretary General in .igali,” reads the report.

The council believed that such a fact-finding mission would include meetings with all relevant authoritie­s, a visit to the detained members of Parliament and a meeting with their lawyers.

It is stated in the report that the mission should also meet third parties that would offer an opportunit­y to discuss issues which have emerged in the case at hand and to understand the conte[t in which the incarcerat­ed MPs had to be seen.

+owever, the Governing Council of the IPU considered a set of questions and concerns that would be addressed or posed during their visit to the country. These questions and concerns refer in particular to the following -

The allegation that MP Mabuza and MP Dube ● have not committed any crimes and are being detained and prosecuted in response to their public appeal to strengthen democracy;

Their alleged recent beating-up in detention ● by prison wardens;

The continued dismissal of their bail applicatio­ns; ●

As a result, the Council requested the IPU ● secretary general to make the necessary arrangemen­ts with the parliament­ary authoritie­s of (swatini with a view to the dispatch of the mission in the coming months.

The organisati­on, which is headquarte­red in Geneva, Switzerlan­d, reaffirmed its earlier decision to also send a trial observer to the ongoing criminal proceeding­s, which µthe Speaker kindly agreed to during his discussion with the secretary general in .igali.¶

The council further thanked Mavimbela for his willingnes­s, as e[pressed to the secretary general, to facilitate the IPU¶s possible engagement in efforts to resolve issues stemming from the political crisis in (swatini.

It then requested the secretary general to convey this decision to the Speaker, the complainan­t and any third party likely to be in a position to supply relevant informatio­n.

The council asked the Committee on +uman 5ights of Parliament­arians to continue e[amining this case and to report back to it in due course.

It must be said that MPs Mabuza and Dube were arrested on the evening of -uly , .

They have been held in detention ever first at Mbabane Police Station and then Matsapha Correction­al Centre.

Simelane, the current President of the Swaziland Liberation Movement (SWALIMO), fled the country before an arrest warrant could be implemente­d.

The duo face charges under the Suppressio­n of Terrorism Act- two murder charges and a charge for contraveni­ng the CO9ID- regulation­s.

The IPU received informatio­n to the effect that a proper e[amination of the bail applicatio­ns from the two parliament­arians in detention was reportedly repeatedly delayed and was finally undertaken and denied. With regard to MP Simelane, who is currently in the United .ingdom, the IPU said it first appeared that he had not been officially charged with any offence as his case had not yet been officially referred to court.

On the basis of Article ( ) (c) of the Constituti­on, the former Siphofanen­i MP¶s seat in Parliament was declared vacant because of his prolonged absence without permission or justificat­ion. This was an allegation made by the governing council in its report.

The council mentioned that the by-election for his replacemen­t was held at Siphofanen­i and his wife was elected and sworn in as a member of the +ouse of Assembly on August , .

The legal action against the parliament­arians was taken in the following conte[t.

In May , calls for political reforms started circulatin­g on various platforms across (swatini, with the aforesaid three parliament­arians also advocating for these changes.

³To prove that these Members of Parliament had the mandate from their constituen­cies to make this call resulted in a series of petitions being delivered to Parliament in support of the call for change,” reads the report.

During the delivery of the petitions, protesters were calling for constituti­onal and political reforms.

They also lamented the government¶s reported failure to deliver basic services to its citizens, demanded responses to socio-economic challenges, and invoked alleged ill-treatment by police.

Petitions were delivered to various tinkhundla centres, predominan­tly by young people, to their Members of Parliament as an endorsemen­t of the call for constituti­onal and political reforms.

ISSUE BACKGROUND

since, at the

 ?? (File pic) ?? A delegation from the IPU wants to meet Prime Minister Cleopas Sipho Dlamini on the ongoing case of MPs Mabuza and Dube.
(File pic) A delegation from the IPU wants to meet Prime Minister Cleopas Sipho Dlamini on the ongoing case of MPs Mabuza and Dube.

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