PRINCE SIMELANE DOES IT AGAIN

When His Majesty the King graced this year’s Police Day celebration and pass-out parade, he was emphatic about respect for the rule of law in Eswatini.

Among other things he said at the colourful occasion was warning the new constables, who were until Friday known as recruits, to ensure that while carrying out their duties, they did everything by the book. In siSwati, he said, “Nikhumbule, ke maphoyisa nisenta umsebenti wenu, kutsi kute lokwentekako lapha kaNgwane kungakalandzelwa umtsetfo. Kute lokwentiwa ngephansi kwematafula” (Bear in mind, as you carry out your respective duties that in Eswatini, everything is done in accordance with the law. There are no underhanded dealings). This was a very important message, which I hope all emaSwati, especially those in the various leadership structures, took seriously.

For a very long time, Eswatini has been known as a lawless country where the rule of law is rarely adhered to. This perception got worse during the tenure of the late Barnabas Sibusiso Dlamini (may his soul rest in peace) who led a government that even defied certain court rulings. To this day, the kingdom is still regarded as a country that applies the law selectively.
One of the people who should have sat up straight when the King made this warning to new police officers is Prince Simelane, the outgoing Minister of Housing and Urban Development.
The minister has a tendency to make explosive public statements at whim.

In May 2021, as the socio-political tension in the kingdom took root, he advised the country’s security forces to ‘meet fire with fire’ when dealing with protesters. At the time, most of the anger was directed at the police and their handlers for the death of Thabani Nkomonye, the university student who died in a controversial traffic accident. Do not get me wrong, it was important, at the time, for the country’s leadership to pronounce itself on the chaos that was unfolding. It was important to make statements that would give assurance to those aggrieved while encouraging State security agents to ensure that law and order prevailed. We cannot take away the fact that while some emaSwati had genuine concerns, which they raised by staging marches and delivering petitions, criminal elements hijacked the situation to carry out illegal activities. It was important for the security forces, especially the Royal Eswatini Police Service (REPS) to be on guard to protect innocent life and property. However, it was not a time to add fuel to the fire. It is now grim history that the statement by Prince Simelane did not help the situation. While he cannot be solely blamed for the escalation of violence and destruction, it is a fact that the instability went on to become worse after this statement.

worrisome

The now infamous June 29, 2021 riots, which left dozens of emaSwati injured and many others crippled, occurred a few weeks after the minister’s statement. Granted, when he made that worrisome statement, Prince Simelane was as frustrated as everyone else was at the time. However, as a person in a leadership position, he was supposed to stick to facts and base his statement on clear provisions of the law. Fast forward to 2023 and the same minister has made another controversial statement, this time saying protest marches, which he had unilaterally banned in urban areas back in October 2021, could now proceed. Mind you, the 2021 ban on public gatherings was not supported by the Public Order Act, 2017 which makes provision for such. The condition the minister has attached to his “unbanning” of public gatherings is that only between five and 10 people should be involved. So if civil servants, for example, want to approach government offices in Mbabane to deliver a petition, they have to select a maximum of 10 representatives who will march on their behalf. This, the minister says, will prevent chaos.

Once again, he has not cited any law that gives him the power to make such a proclamation. On the contrary, the same Public Order Act of 2017 and the national Constitution makes it legal for people to march, without giving any limit to the number of participants. Section 6 (1) of the Public Order Act compels the convener of any gathering to deliver a written notice of same, to the local authority not less than four days before the date of the intended gathering. Section 221 (4) of the Constitution of the Kingdom of Swaziland Act, 2005 actually encourages municipalities to ensure that residents participate in public gatherings, with adherence to law and order. The subsection reads: “A local government authority shall organise and promote popular participation and cooperation in respect of political, economic, cultural and social life of the area under its control.”

Section 25 of the supreme law deals with the right to freedom of assembly and association. It makes no mention of the minister of Housing and Urban Development in providing that, “a person has the right to freedom of peaceful assembly and association.” Subsection 25 (2) provides that a person shall not, except with the free consent of that person, be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person. Now, I do not want to believe that Prince Simelane makes whimsical statements without citing the law that vests such powers in him because he is a member of the royal family. I would like to think he only does so as a result of ignorance of the country’s laws.     

Come to think of it, by making the most recent statement, the minister has not unbanned public gatherings. He has effectively extended the ban. As emaSwati, we know that one cannot predict or second-guess the appointing authority but the possibility exists that both Prime Minister Cleopas Dlamini and Prince Simelane might return to Cabinet after September 29, 2023. If they do, Prince Simelane should guard against overstepping his boundaries and making statements that should ordinarily be made by the head of government.

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