Times Of Swaziland: NO POLITICAL WILL TO DEAL WITH EVICTIONS

NO POLITICAL WILL TO DEAL WITH EVICTIONS
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Son of the Soil on 20/05/2024 14:12:00


The Kingdom of Eswatini faces escalating international scrutiny due to recurring
incidents of forced evictions, predominantly executed by governmental entities,
private enterprises and occasionally, municipal authorities. These evictions are
frequently accompanied by the demolition of residential properties in a manner
that seemingly contravenes both the national Constitution and various
international human rights agreements to which Eswatini is a signatory.
The United Nations Committee on Economic, Social, and Cultural Rights
categorises forced eviction as the non-voluntary displacement of individuals,
families, or communities from their homes or lands, devoid of legal protections
or recourse. Fundamental to this discussion is the universal human right to
property ownership, either individually or collectively, as safeguarded by
Section 19 of our Constitution, which explicitly outlaws compulsory property
deprivation under arbitrary conditions. The core of this provision underscores
the necessity of protecting human proprietary rights.
Rightful
In disputes concerning land or property ownership, a primary consideration is
the determination of the rightful title holder, which could range from
traditional chiefs overseeing Eswatini Nation Land, private landowners, or
municipal authorities backed by statutory provisions. Such considerations become
particularly complex when residential developments emerge on contested lands.
The challenge arises when an entity asserting land ownership overlooks the
rights of current occupants, who are often economically disadvantaged citizens
lacking secure tenure, placing them in a profoundly vulnerable position.
It is essential to recognise that both local and international human rights
frameworks staunchly oppose prioritising the rights of those with superior
claims over ordinary citizens’ rights. Our Constitution explicitly details
conditions under which property deprivation is permissible, such as through
lawful procedures that ensure prompt, fair and adequate compensation; guarantee
access to justice; and are sanctioned by a court order. Regrettably, numerous
instances of forced eviction in Eswatini have transpired without adhering to
these fundamental standards, violating constitutional safeguards on property
rights.
Contravene
The United Nations highlights that forced evictions contravene a broad spectrum
of rights, including, but not limited to, the right to life; freedom from cruel,
inhumane or degrading treatment; personal security; an adequate standard of
living; access to work, education and property. Violations often originate from
the eviction process itself—lacking transparency, consultation, adequate
notice, relocation planning, and compensation. Additionally, the manner in which
evictions are executed, sometimes under adverse conditions or through the use of
force, further exacerbates these infringements.
The recent statement by government spokesperson Alpheous Nxumalo regarding these
evictions reflects a concerning detachment from legal obligations and the
principles of justice and equity. Asserting superior title to land does not
constitute sufficient grounds for eviction, particularly in the context of
people living on farms. While farm owners have rights to land, the law
recognises that this does not negate the rights of farm dwellers or squatters. 
They too are perfectly entitled to equal protection under the law. The apparent
lack of political motivation to address the critical issue of land rights,
despite constitutional assurances, is alarming. Tibiyo Taka Ngwane, established
with the aim of repurchasing lands from colonial settlers, has notably strayed
from its foundational mission. One of this entity’s core mandates was to
ensure that farms in the hands of colonial masters go back to the hands of
emaSwati.  History records that a fund, known as Lifa Fund, was created with
cattle belonging to emaSwati for this purpose.
Prevent
It is imperative for Parliament to expedite legislative processes to safeguard
farm dwellers’ rights and prevent further dispossessions by corporate or
governmental actions. The Farm Dwellers (Amendment) Bill needs to be expedited
by the Legislature if we are to demonstrate that as a country we want to protect
the rights of farm dwellers. The Kingdom of Eswatini stands at a pivotal
juncture, where the adherence to constitutional and international human rights
standards in addressing forced evictions and land disputes is not only a legal
obligation, but a moral imperative.
Rectifying these practices will not only enhance the nation’s international
reputation but, more importantly, uphold the dignity and rights of its citizens.
Ignoring this issue will not only dent the country’s image, but also likely
lead to a bigger political crisis. As a matter of urgency, we need a moratorium
on forced evictions and a land indaba to thrash out all issues of land in the
kingdom before their festers into a deep political crisis. It does not help that
almost invariably, the names of the country’s authorities are used in these
evictions.  This poses the danger of breeding resentment towards the monarchy.