Times Of Swaziland: REVERSE SOLITARY CONFINEMENT ORDER ON MPS - MSF REVERSE SOLITARY CONFINEMENT ORDER ON MPS - MSF ================================================================================ BY MBONGISENI NDZIMANDZE on 04/01/2022 09:02:00 MBABANE - “We call upon the prison authorities and the Government of Eswatini to immediately rescind the unlawful order placing the MPs in solitary confinement.” This call was made by the Multi-Stakeholders Forum (MSF) following reports that Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza has been placed in solitary confinement and is allowed one visitor pending investigations after allegations that he was found with two cellphones inside prison. According to the forum, it also learnt that Mabuza’s co-accused, MP Mthandeni Dube, had also been placed in solitary confinement on allegations of transgression of prison rules and regulations. MSF says the purported placing of Mabuza and Dube in solitary confinement amounted to torture or inhumane treatment. Solitary confinement is a form of imprisonment distinguished by living in a single cell with little or no meaningful contact with other inmates, strict measures to control contraband, and the use of additional security measures and equipment. The practice is used when a prisoner is considered dangerous to himself or to other inmates, is suspected of organising or being engaged in illegal activities outside of prison. In a statement, MSF Chairperson Thualni Maseko said the forum was deeply concerned on what was allegedly happening to the two incarcerated legislators. Maseko stated that MSF registered its strongest condemnation as solitary confinement was a violation of Section 19 of the Constitution. Section 18 (1) provides that the dignity of every person is inviolable; (2) a person shall not be subjected to torture or to inhumane or degrading treatment of punishment. Confinement “The placing of the MPs in solitary confinement amounts to torture or inhumane or degrading treatment or punishment, and is a violation of international human rights laws; in particular, it is a breach of the United Nations Standard Minimum Rules of the Treatment of Prisoners (the Nelson Mandela Rules),” said Maseko. He highlighted that Rule 4 of the Mandela Rules provided that; “In no circumstances may restrictions or disciplinary sanctions amount to torture or other cruel, inhuman or degrading treatment or punishment.” He further pointed out that, according to the Nelson Mandela Rules, the following, in particular, shall be prohibited; indefinite solitary confinement , prolonged solitary confinement, placement of a prisoner in a dark or constantly lit cell, corporal punishment or the reduction of a prisoner’s diet or drinking water and collective punishment. The rules, according to the chairperson of the MSF, provide that, instruments of restrain should never be applied as a sanction for disciplinary offences, disciplinary sanctions or restrictive measures should not include the prohibition of a family contact. He went on to state that as per the rules, the means of family contact might only be restricted for a limited time period and as strictly required for the maintenance of security and order. “What is more concerning is that the MPs have been placed in solitary confinement without due process in breach of Section 21 and 33 of the Constitution as read with Rule 37, 39 and 41 of the Mandela Rules. The right to a fair hearing and due process are not taken away simple because one is in custody,” reads part of the statement. It was also the MSF’s contention that the prison and prison authorities, as an organ of the State, were bound by the percepts of the Constitution, the Prison Act and international standards. According to MSF, the two incarcerated legislators were allegedly only being persecuted for standing up for democracy and democratic reforms. Detention MSF said the continued detention and prosecution of the MPs was allegedly a sheer abuse of the legal process and had purportedly compromised the prosecuting authority, independence and impartiality of the courts. In a previous interview, His Majesty’s Correctional Services Public Relations Officer (PRO) Senior Superintendent Gugulethu Dlamini said when there were ongoing investigations within the facility, the prison authorities had a right to take any measures to ensure that same was not jeorpdasise. When asked about the mention of Mthandeni Dube also being purportedly being placed in solitary confiment, Senior Superintendent Dlamini said she would not comment on that, save to say she still stood by her previous comments wherein she stated that prison authorities had a right to take measures if there were any investigations ongoing in order not to jeopardise same. The Commissioner General of His Majesty’s Correctional Services, Phindile Dlamini, has set up a committee to lead an inquiry into how Mabuza had the cellphones inside prison. Dube and Mabuza were arrested on July 25, 2021 and their trial was postponed to January 26, 2022. The matter will be also heard on the January 27, 2022. Other dates are February 15, 16 and 17, 2022. It will continue on February 22, 23 and 24, 2022 as well as March 1, 2 and 3, 2022. The MPs allegedly committed a terrorist act by encouraging people in public statements to disobey the lawful banning by the Government of Eswatini of the delivery of petitions and to reject the appointment of the then Acting Prime Minister, Themba Masuku. It is alleged that by so doing, they encouraged civil disobedience, which had one or more of the following intentions or consequences; death or bodily injury, serious damage to property, serious risk to the health of the public or the section of the public and endangering the lives of the people and was designed or intended to disrupt the provision of essential emergency services such as police, civil defence and medical services. As a consequence of the alleged conduct of the accused persons, according to the indictment, there were riots in all regions of the country which resulted in loss life, bodily injuries to people and destruction of private and public property.