IS THIS JUSTICE?

It was prognostic for some of us that it would result in this manner...

After spending nearly three years in prison, the two former Members of Parliament (MPs) Bacede Mabuza and Mthandeni Dube were finally sentenced to 25 years and 18 years, respectively, without the option of paying a fine for contravening Section 5 (1) as read with Section 2 (20 (a) to (d) of the Suppression of Terrorism Act 2008 as amended.
The sentencing of the former MPs sent shockwaves throughout the nation and beyond the borders of the country. A mix of gloom, fear, and outrage gripped - and continues to grip - the entire country and beyond its borders. Many believed that the charges against the two former MPs were unjust and merely a ploy to suppress their freedom of speech - a fundamental human right enshrined in the country’s Constitution.

Damage

The High Court Judge Mumcy Dlamini delivered the sentence for the accused individuals. It is to be served concurrently, starting from their arrest in 2021. The former MPs were arrested on July 25, 2021, and faced charges for allegedly inciting public unrest against the Eswatini Government, leading to loss of life and damage to property. Following the sentencing, concerns are relentlessly emerging from various quarters regarding the impact on democracy and the legal system in the country. Would this case establish a precedent for prosecuting politicians in the future who advocate for change or would it remain an isolated incident?

Could the public’s trust in the government - specifically its judicial arm - be restored, or would it be permanently harmed after the public outcry over the verdict? These are some of the crucial questions that beg for answers. As patriots who are devoted citizens of the country and have a deep affection for this nation, we must not ignore - either out of shame or fear of our government - the tarnishing of our country’s reputation. Instead, we should demand for rationality to prevail. This is our homeland, and we all have, or at least should have, a role in its governance.

Nation

It is widely acknowledged that no system of government is flawless, and it is crucial for those in positions of leadership to heed the advice of all stakeholders and respond appropriately in order to protect this nation from self-inflicted harm. Let’s be brutally honest with ourselves, the sentencing of the former MPs highlights the vulnerability of democracy in an environment perceived as undemocratic and emphasises the necessity of holding those in positions of power accountable. I am no prophet of doom, but, my intuition warns me that this event will be etched in the nation’s memory, influencing its political landscape and collective consciousness for years to come. Dark clouds of calamity are hovering around and over our country. I cannot help, but feel that the future looks very bleak, especially politically. Unless...

The Eswatini Times newspaper report dated July 17, 2024, highlighted the widespread dissatisfaction with the sentencing of the two MPs. Various sectors of the community, including political formations, former MPs, embassies, lawyers and ordinary citizens, expressed their belief that the punishment was excessively severe and shocking. Many had expected, at the very least, a suspended sentence to be pronounced on the two former MPs. Political formations unanimously agreed that the lengthy prison terms reflected the aggressive and oppressive nature of the regime, which apparently viewed advocating for democratic reforms and challenging absolutism as serious and punishable offences.

Silence

Some political formations emphasised that the sentencing was a clear declaration of war against peace and democracy-loving emaSwati. They called on individuals, organisations and governments worldwide to speak out against the brutal repression in Eswatini. The United States of America, a global superpower, has also recently released a statement through its local embassy concerning the sentencing of the two MPs, such development which continues to cause ripples throughout the local as well as the international community. In summary, it expressed concern that the reported use of the courts to suppress dissent erodes trust in government institutions, undermines efforts to uphold the rule of law, and hinders progress in respecting the right to freedom of expression and opinion as enshrined in the Constitution.

Pleadings

Additionally, the USA Embassy urged the country’s administration to ensure transparency in all judicial processes and to respect and protect the human rights of all, including that of the former MPs. At a personal level, I have previously made several pleadings in this column to our authorities in the country to make a critical procrastination. The leadership in the administration needs to convince - and, act on its promises - the people how it wants to take the country forward in terms of proper governance - one that is free from the constant and perplexing criticism it receives from within and beyond its borders. Proper governance, in this case, means that government should follow the democratic path of rule of law, refrain from inducing fear to its citizens; be open to criticism and allow freedom of expression, association, and movement to name but a few.

It is a well-known fact that many of our people fear their government. The use of force to command respect has often backfired. The authorities may not realise how much they are despised and hated by the average citizen. People are not silent because they are content with how they are governed. They are silent out of fear of the repercussions of criticising the authorities or speaking freely. The consequences of speaking out in the country and exercising freedom of expression are terrifying and harsh.  Is this what a good people-centred governmet looks like? I don’t believe so.

Effective governance is not merely a theoretical concept, but a fundamental cornerstone upon which a thriving and resilient democracy can be established. It encompasses specific principles and procedures designed to uphold transparency, accountability, and the safeguarding of individual rights within society. Essentially, it serves as the foundation upon which democratic communities can flourish.

Motives

Openness stands out as a key aspect in defining good governance. This involves the provision and accessibility of information pertaining to governmental activities, decisions, and policies. Secrecy or rather, decisions taken in secrecy for ulterior and sinister motives has destroyed many governments. Transparency is a vital component of good governance.
Governments that operate with transparency ensure that their citizens are well-informed about the actions of the administration, thereby enabling them to participate in decision-making processes. This sharing of information fosters trust between government and its people, while also deterring corruption and the misuse of power. Proper governance necessitates holding those in power accountable for their actions and choices, with enforcement mechanisms and remedies in place for poor or negligent performance. This practice promotes responsibility and honesty within government. Additionally, safeguarding individual rights, maintaining an efficient legal system, and encouraging people’s involvement in political activities are crucial aspects of proper governance.

Transparency

Finally, it is also demonstrated that good governance is no longer an idealistic utopian virtue but a compelling prerequisite for sustaining democracy. It requires a strong political will and commitment to reap the fruits of transparency, accountability; exercising one’s individual rights, adhere to the rule of law and allow public participation in governance. It is our duty as citizens of the nation - from our leaders down to the grassroots - to peacefully fight for and advocate for and support any political system or ideology that would ensure a robust, resilient society we all claim we want to live in. In conclusion, let us now interrogate the importance of a having a Judiciary that is independent and free from political influence.

All peace loving people are unanimous in agreement that judicial independence and neutrality are the bedrock of democracy. The Judiciary should work as a check on the exercise of power so that concentrations and abuses do not enter, guaranteeing the pre-eminence of law against arbitrary executive or legislative actions. These are troubling times for democracy and any claim of judicial intervention by an administration is sufficient to send shivers down the spine. The function of the Judiciary is vital in a constitutional democracy for safeguarding the rights and freedoms protected by legal norms, with judicial procedures ensuring that these are enforced. When the judiciary is not impartial, it questions democracy itself. Charges that an administration may be attempting to change judicial outcomes are very much contrary to the democratic base upon which our country was initially founded.

Administration

The principle of judicial independence is essential for preserving the integrity of the legal system and maintaining public trust in the administration of justice. When judges are subjected to external pressure or interference, it erodes public confidence in the fairness and impartiality of the legal process. Pro-democracy proponents recognise that an independent Judiciary is essential for holding those in power accountable and preventing the abuse of executive authority.

In a democratic society, the Judiciary must be shielded from political influence to prevent any perception of bias or favouritism in legal proceedings. Judicial decisions should be based on the merits of the case and the application of the law, free from external considerations or undue influence. Any attempts by an administration to exert control over the Judiciary are antithetical to the principles of democracy and the separation of powers. The independence and impartiality of the Judiciary is a cornerstone in any democratic society. The potential of any government to interfere with the judicial system is anathema - and frightening- for advocates who support democracy. The third pillar of democracy is a Judiciary which protects all citizens from being unfairly treated guarantees that justice remains blind and above everything else respects laws laid down in constitution. When allegations of judicial interference arise, it is incumbent upon all citizens committed to upholding democratic values to scrutinise, question, and challenge any actions that undermine the independence of the Judiciary. This vigilance is essential for safeguarding the democratic institutions that form the bedrock of our society.

Appointments

Pro-democracy proponents must advocate for transparency, accountability, and the preservation of an impartial Judiciary free from external pressures. They must demand that judicial appointments and decisions be made based on merit and legal expertise, rather than political agendas or personal allegiances. In conclusion, the threat of judicial interference strikes at the core of democratic principles. Proponents of democracy must remain steadfast in their commitment to upholding the rule of law and preserving the independence of the Judiciary. It is only through collective vigilance and unwavering dedication to democratic ideals that this beloved country can withstand any attempts to subvert the pillars of justice and freedom. I hope for peace, rationality to prevail, and for our leaders to listen to the calls for a change of heart on issues that create a divide between them and the citizens. What good is it to hold power when you are despised and detested by those under your authority? Leaders who are adored by their people should have the freedom to interact and connect with ordinary citizens without any fear.

Grounds

As I wrap up this piece, I am concerned about the potential repercussions that may come my way and for others who speak and write the truth. We are treading on dangerous grounds in this nation. The truth is unwelcome and anathema to our leaders. The right to freedom of speech is vehemently opposed by government. Wishing you all a happy weekend and week ahead. Peace! Shalom!

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