Amos Mbedzi, a South
African, was sentenced
to 85 years and six months in jail (with 25 years to be served) in Swaziland in 2012 after conviction by
the Swaziland High Court on five charges including sedition and murder.
He had been arrested following an attempt to blow up a bridge near the
Lozitha royal residence in September 2008. Two people with him died from
injuries caused when the bomb exploded prematurely.
Since then a campaign to
free him has been continuing. Below is a statement detailing the background to
the campaign issued by a consortium of 16 organisations.
RELEASE AMOS MBEDZI
The 20th of
September 2008 was a major turning point in the political history of the
kingdom of Swaziland. It was the beginning of the most oppressive stage in
the decades-long oppressive executive monarchy, which has turned the
country into a pauper state maintained by using some of the most
oppressive tactics known to humankind. On that day, two of the most vocal
and dedicated members of the People’s United Democratic Movement (PUDEMO)
lost their lives in a tragic bomb blast which still today evokes deep
emotions from either side of the political divide. One of the two
survivors of that tragedy, Amos Mbulaheni Mbedzi, now stands convicted and
sentenced of 5 counts, ranging from being in the country illegally, to the
ludicrous one of the double murder of his friends and comrades, Musa
“MJ” Dlamini and Jack Govender.
POLITICAL CONTEXT
To fully understand the
Mbedzi trial and why it was not conducted according to the due process of
the law one has to first appreciate the political context within which the
September 20 tragedy took place and how the country’s authorities perceive
it. Swaziland is a tiny country with a population of a little over a
million. Once earmarked to be part of the South African Republic, it
maintained autonomy by seeking protectorate status within the British
Empire. Once the British decided to reform the empire, Swaziland was
granted its independence in 1968, alongside other neighbouring countries
such as Lesotho and Botswana.
Leaving behind a largely
uneducated, disenfranchised and underdeveloped population, the British
left behind a very fertile political climate for dictatorship. And thus it
was that, despite a period of five years of relative democracy, the king
of Swaziland in 1973 dissolved parliament, outlawed all political
activities, banned all political parties and ruled by decree commonly
known as the 1973 Royal Decree, most possibly the worst piece of
legislation worldwide. This state of emergency was to be later loosened in
1978, when the king felt that he had consolidated his influence and
quashed all opposition. These minor reforms amounted to the birth of a rubber
stamp parliament, which is effectively the king’s political distraction,
a coliseum of sorts where economically ambitious Swazis go to
deliberate on policies and laws that the king has already approved.
Only two thirds of
this parliament is elected via a constituency based model where aspiring
politicians can only run as individuals. The remaining third of the
parliament seats are filled by the king’s appointees. From this
parliament, which comprises two houses – Senate and House of Assembly –
the king appoints the cabinet and Prime Minister, who always comes from
the king’s Dlamini clan, meaning that he – always a male – is descended
from Royalty.
The king also appoints all
senior civil servants, the Secretary to cabinet, Principal Secretaries,
Under Secretaries and heads of departments. Naturally, he also appoints
head of the army, the police commissioner, and the commissioner of the
Correctional Services. The judiciary is also his personal domain as he
appoints the Chief Justice, all judges, the Director of Public
Prosecutions and the Attorney General. To sum it up, the king in Swaziland
is all three arms of government; he is the executive, the judiciary and
the legislature. To speak of “separation of powers” in such a scenario
is therefore an illusion. This very powerful position is maintained
by a promotion of a dogmatic and almost obsessive interpretation of
culture, custom and tradition.
The tools of promotion are
the media – which is severely biased towards the monarchy - the school
curriculum and the rural aristocratic system which leaves the average
Swazis vulnerable to the whims of chiefs and village headmen who owe their
power to the king. When these elements of persuasion fail, the Royal
Swaziland police and the Umbutfo Swaziland Defence Force (Umbutfo means
king’s regiment) and His Majesty’s Correctional Services are always at
hand to make sure that maximum force is used to make the people toe the
line. Such a political environment is correctly described as autocratic.
The fact that the system of governance has produced a high rate
of poverty, unemployment and HIV deaths per capita that has led
to sincere and consistent opposition from numerous groupings, all of which
have had to bear with the suppressive nature of this system. It is also a
system which has attracted opposition from outside the country.
SOLIDARITY
Over the years, with the increasing popularity of mass communication tools and the efforts of Swazis, the world has come to know of king Mswati’s autocratic rule. This has led to citizens of democratic countries taking up the issue with their governments and also providing political solidarity to those inside the country who fight against this oppressive government. Amos Mbedzi and Jack Govender are examples of such citizens. Jack Govender was a founding member of the Swaziland Solidarity Network [SSN], a network of progressive organizations based in South Africa who give support to the struggle against Mswati’s tyranny. Amos Mbedzi was to join later as the network progressed. As members of the South African Communist Party (SACP) and the MKMVA (uMkhonto Wesizwe Military Veterans Association), they both formed a close friendship with Musa “MJ” Dlamini, a member of the banned Peoples United Democratic Movement (PUDEMO). This friendship was founded on solidarity and the sharing of political and tactical knowledge.
LOZITHA TRAGEDY
It is therefore not
surprising that the three were together on that ill-fated last journey
into Swaziland on the 20th of September 2008. They were three men who had over
the years built a solid bond based on mutual trust and shared political
perspectives. While Dlamini and Govender lost their lives, Mbedzi was the
one left behind to face the wrath of King Mswati’s anger and fear of
democracy. This wrath has been evident in the manner in which the law has
been raped in order to ensure that Mbedzi is convicted of serious crimes
that he did not commit. With the conclusion of Mbedzi’s trial, and
the absurd conviction of murder, what the world can conclude within reason is
that:
1. Mbedzi
certainly did enter the country illegally. He has pleaded guilty to this
and after four years in jail, he has served more than the maximum sentence for
this crime.
2. In
Swaziland he was in the company of dissidents, in the person of Musa
Dlamini, a prominent Swazi lawyer and revolutionary who formed the Swaziland
Chapter of Lawyers for Human Rights, and Jack Govender.
3. MJ
and Govender were killed by a bomb blast while in a car that they were
travelling in. Mbedzi was seriously injured by the same blast.
4. After
miraculously surviving the blast he was taken to hospital by a kind
stranger who saw him while on his way to Mbabane. He was taken from
hospital the same night and immediately arrested by the police before
being treated for his wounds.
5. Mbedzi
did not know Swaziland. He had been brought there by his late friends and
they knew their way around the country.
Despite all evidence
pointing out to the contrary, the state has found him guilty of the
following:
1. Unlawfully
and with a subversive intention, attempting to damage the Lozitha bridge
by placing and assembling explosive devices. He pleaded not guilty to this
charge.
2. Unlawfully
entering and remaining in Swaziland without a valid passport or a valid
entry permit. He pleaded guilty to the charge.
3. He
unlawfully and intentionally killed Musa Dlamini. He pleaded not
guilty to the charge.
4. He
unlawfully and intentionally killed Jack Govender. He pleaded not
guilty to the charge.
5. He
unlawfully possessed explosives without a license or permit.
He pleaded not guilty to the charge.
OBJECTIVE JUDGMENT
An objective opinion of
this judgment should, at worst, conclude that Mbedzi had entered the
country illegally in the company of men who had ulterior motives against
the state and failed to report his knowledge of a conspiracy to commit a
crime. The question of placing and assembling explosives is farfetched when
one considers the fact that he survived the blast, meaning that the
explosives were not in his possession when they were triggered. There is
also no evidence proving that Mbedzi had ever held these explosives.
The most contradictory part
of this biased and unprofessional judgment is the fact that the state on
one hand has convicted Mbedzi of having had the intention of damaging the
Lozitha Bridge by placing and assembling explosive devices on it. On the
other hand, he has also been convicted of intentionally using those same
explosives to murder his friends. The motive for this bizarre murder is
not stated, which is typical of bogus murder charges. Moreover the
prosecution fails to at least narrate how Mbedzi’s motive suddenly
switched from subversive bombing of a bridge to the murder of his friends
in the middle of a national highway that he was seeing for the first
time. The Swazi state’s perceived murderer committed this offense in
the middle of a highway in front of at least one witness, who it
is alleged had been part of the group. He had absolutely no clue
where he was, was disoriented and afraid after the blast and had no mode
of transport to take him from the scene of the crime to escape his
premeditated murder. To further discredit the state’s bogus charge, Mbedzi
remained on the road while severely injured until he got a lift from a
stranger who was passing by. His primary concern even then was receiving
medical treatment for his wounds, rather than escaping back to his
country. These are not the actions of a murderer.
MSWATI AS PROSECUTOR AND
JUDGE
On the of 5th of September
2012, the date on which Mbedzi was due to be sentenced for his
alleged crimes, Mbedzi’s lawyer, in a thinly veiled statement, made it
clear that the judge was acting on the king’s orders and the sentence
would reflect the king’s anger at Mbedzi. As stated above, the judge,
Bheki Maphalala, like all judges, is the king’s appointee. In his personal
capacity he is also a member of the king’s regiments, who swear upon
initiation to follow the king’s command above everything else.
The prosecutor, Sikhumbuzo
Fakudze, was less subtle. He stated that the nation was looking upon the
courts to see to it that the institution of the monarch is protected and
justice served in the case involving Mbedzi. In a tone filled with scorn
and sarcasm, he went further to say, “The nation is eagerly awaiting the matter
of the ‘freedom fighter’ who believes he knows better than Swazis
and hence seeks to bring democracy to Swaziland.”
As the prosecutor did not
submit any evidence of a survey he did to gather the nation’s views on the
case, one has to wonder which this nation that he is talking about is? The
answer is clear, King Mswati III, in the eyes of his appointed defenders,
is the equivalent of the nation and he wants this “dissident” punished.
TRAVESTY OF JUSTICE
There are few cases in the
country where justice and the law have been disregarded as much as in the
Mbedzi case. With this judgment the judge has set the tone for another
show-down with the court of appeal. The court of appeal, which is
comprised of a bench of more learned judges who are more concerned about
their professional reputation than their short careers in Mswati’s state,
has in the past rejected politically charged judgments of the lower courts
and upheld those that the state hoped it would reject. In one such
instance, the king cast aside all pretences of respecting the rule of law
and ordered the police to disregard the court’s judgment.
As Mbedzi will definitely
appeal this conviction, we hope that the judges of the Supreme Court of
Appeal will have as much courage and respect for justice as they would
their profession as those who have preceded them.
ON THE MIS-TRIAL OF AMOS
MBEDZI
Amos Mbedzi has been in
jail since September 2008. At that time the Director of Public Prosecutions
(DPP) was Mumcy Dlamini, wife to Attorney General (AG), Majahenkhaba Dlamini.
The Justice System in Swaziland is such that the office of the DPP and that of
the AG are independent of each other. Whilst the AG deals with civil cases
brought against the government, the DPP’s office deals with public prosecutions
on behalf of the state, but it is mandated to consult the Attorney-General in
relation to matters where national security may be at stake. The DPP took it
upon herself to prosecute Mbedzi. As the case continued, King Mswati appointed
her as a High Court judge. Today we have a situation where the wife of the
Attorney General of Swaziland is also a Judge. Therefore, whilst we would have
ordinarily called for a fair trial, it is clear to everyone that the
possibility of Amos Mbedzi receiving a fair trial under this state of affairs
is minute.
Further, Justice Maphalala
is well known for his involvement in a group commonly known as the Kenya 6. He
was once trained in Kenya, as part of a group of people known as the Kenya 6,
as an intelligence operative to destabilize the activities of progressive
formations, including those of the ANC. His credentials as a loyal servant of
King Mswati are well known as he is also part of the King’s regiment. Hence,
his close connections to royalty are unquestionable. Therefore, it is not
possible that Mbedzi, or any political prisoner thereof, can receive a fair trial
in Swaziland, more especially if Justice Maphalala presides.
SAVE AMOS MBEDZI
After being found guilty of
all counts, Amos Mbedzi was on the 17th of September 2012
sentenced as follows:
1. Murder
of his friend Musa Dlamini – 25 years
2. Murder
of his friend Jack Govender: 25 years
3. Unlawful
possession of explosives – 15 years
4. Sedition
– 20 years
5. Unlawful
entry into Swaziland: 6 months
According to the judge the
sentences shall run concurrently.
When one makes an honest
analysis of the judge’s case, it becomes clear that the Swazi courts will apply
just about any type of punishment that King Mswati orders them to impose. We
have seen how charges have been concocted just so that he could be denied his
freedom. The whole world heard exactly King Mswati’s command, when he had
called the nation at his royal kraal in 2008, when he stated clearly that the
justice system should show no mercy for dissidents in Swaziland. It follows,
logically, that Swaziland courts will not enforce any sentence that is less
than that which King Mswati desires.
It is in that light that we
plead with all citizens of the world, primarily those in Swaziland and
South Africa, to demand the release of Amos Mbedzi. The South African
government, the tripartite alliance and all South African citizens cannot
rest on their laurels while a citizen of their country is subjected to a
kangaroo court and sentenced of crimes he did not commit.
All people who believe in democracy must cast aside all the lies spread by the royal family and see this for what it is; a political case that is being dressed up as a normal criminal case. A political case can only be solved by political pressure; as we have seen from the judgment, the due process of the law has not been followed. It is therefore up to us to apply that political pressure on the king for Mbedzi’s release as he has already served time for entering the country without legal documents. This is a desperate plea to save the life of an innocent man because it is obvious there is no room for a fair trial in Swaziland under these conditions.
Issued by the following
organizations:
African
National Congress [ANC]
South African
Communist Party [SACP]
Congress of
South African Trade Unions [COSATU]
People's
United Democratic Movement [PUDEMO]
Communist
Party of Swaziland [CPS]
African
National Congress Youth League [ANCYL]
Young
Communist League of South Africa [YCLSA]
Congress of
South African Students [COSAS]
South African
Student Congress [SASCO]
South African
National Civic Organization [SANCO]
South African
Council Of Churches [SACC]
Swaziland
Solidarity Network [SSN]
National
Health and Allied Workers Union [NEHAWU]
Communication
Workers Union [CWU]
World
Federation of Trade Unions [WFTU]
Southern
Africa Litigation Centre [SALC]
See also
AMOS
MBEDZI FULL JUDGEMENT
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