TEAR GAS BUS INCIDENT, TRUTH CAN’T BE DENIED

The events in Eswatini are currently quite shocking.

Allegations that tear gas was thrown into a bus carrying members of the Swaziland National Association of Teachers (SNAT) to Mbabane in October 2021 have been verified. One of the buses that transported the teachers from Pigg’s Peak to Mbabane was operated by Classic Bus Service and was intercepted by the police at Nkoyoyo. The police then threw tear gas canisters into the bus and shot rubber bullets at the trapped educators when they tried to flee. Despite the long-standing complaints from the teachers’ organisation, the police and government have consistently denied that such an incident ever occurred.

Despite all these bare denials, the Commission on Human Rights and Public Administration/Integrity, which was investigating this matter, has finally compiled a report of its findings and went on to make recommendations. Although it took them a whole two years to compile a 22-page report, that is a story for another day. In its report, the commission reveals that it interviewed 18 teachers separately and all of them were in agreement as to what exactly transpired that fateful day. Even the driver of the bus corroborated their story.

According to this report, some buses, including the one in question, had stopped at a certain spot near Nkoyoyo. Officers from the Operational Support Services Unit (OSSU) of the police spotted them and drove at high speed towards where they were, against oncoming traffic. The police did not issue any order or instruction for the buses to turn back. Instead, tear gas canisters were discharged as soon as the police officers were close to the buses. When all the people who were on the bus tried to escape to avoid suffocation, they were shot with rubber bullets. Apparently, after such an inhumane act against unarmed professionals, the police left without assessing if any of them required medical attention. The teachers were only assisted by Good Samaritans who transported them to hospitals.

According to the Human Rights Commission (HRC) report, the Police Commissioner at the time did not deny that tear gas was used against the teachers. The only aspect he did not agree with was that tear gas was thrown into the bus. It has now been confirmed that tear gas was indeed thrown into that bus, in what the Human Rights Commission describes not only as excessive force but also a violation of workers’ rights. The incident was described as inhumane, cruel and degrading. This does not reflect well on the country’s image, especially at a time when the country is trying to attract foreign direct investment (FDI) and aiming to be counted among developed nations in the near future.

No serious investor would want to set up a business in a country where unarmed workers are shot at and tear gas is thrown into a bus while they are inside it! I am aware of the allegation by the Royal Eswatini Police Service (REPS) that the shot workers were unruly and pelted the police with bottles of alcohol. The police also argue that the workers’ union had been warned against organising any gathering at that time and that the means used to disperse the workers were proportionate to the circumstances and ‘within the ambit of the law.’ Is throwing tear gas in a confined space like a bus, where someone with asthma could have choked to death, really within the ambit of the law? The HRC’s report found that the police acted in a manner that threatened or violated the rights of workers, including the right to life and protection from inhumane or degrading treatment.

Comply

Additionally, the report stated that this was a violation of the right to freedom of association and assembly, which workers in all democratic countries are entitled to. The National Commissioner of Police’s assertion about the ‘ambit of the law’ was contradicted by the HRC’s finding that the police did not fully comply with the law, which requires them to give advance notice of prohibition of a gathering, allowing for review by a magistrate. In conclusion, this was an opportunity for the government to reflect and strive to do better in upholding workers’ rights.

Unfortunately, Minister of Labour and Social Security Phila Buthelezi, seems to be ignoring this issue, much like an ostrich burying its head in the sand. It seems that Buthelezi is hoping that the issue of gross violation of the teachers’ rights and their shooting with rubber bullets will be forgotten over time – without any consequences or compensation. How can we trust a government that ignores such blatant issues? It’s a joke that government is not being held accountable for its actions.

This is unfair to the teachers, some of whom still bear emotional and physical scars from this incident. Interestingly, when Buthelezi addressed the International Labour Organisation (ILO) back in June, he vehemently denied that teargas was thrown into a bus with passengers. His exact words were, “It has been alleged that some workers were teargased in the past. Nothing of that sort happened. The government or the police have never thrown teargas at a bus full of workers.” However, he did not specify if teargas had been thrown in a bus full of non-workers, and if so, whether that would have been justified. Nonetheless, he seemed very confident in his statement at the annual conference in Geneva, Switzerland.

It will be interesting to hear what Minister Buthelezi will say next June when he and the representatives of Eswatini workers return to Geneva to attend the same conference.
Will he dispute the findings of the Commission on Human Rights and Public Administration, a reputable government agency? Will he ultimately admit that wrongs were committed, take full responsibility and promise accountability on behalf of the government? Minister Buthelezi, will you take responsibility on behalf of the government and show remorse towards the teachers who were hurt, so that the people may at least see you as trustworthy?

We appreciate the establishment of a task team to work on the recommendations of the International Labour Organisation (ILO) regarding the concerns raised by Eswatini workers during the last conference in Geneva. The timing of its announcement, around the same time the HRC report came out, was interesting. However, we hope that the task team will not contradict the Human Rights Commission report, which Minister Buthelezi says he has not seen and, therefore, cannot talk about. Any contradiction would be scandalous and could result in citizens losing confidence in government structures.

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