MPS ASSAULT: CALLS FOR HUMAN RIGHTS COMMISSION TO INVESTIGATE

MBABANE - Some human rights defenders have sought the intervention of the Eswatini Commission on Human Rights and Public Administration/Integrity in the assault of incarcerated MPs, Mduduzi Bacede Mabuza and Mthandeni Dube.

The human rights bodies want the commission to investigate the incident wherein the two Members of Parliament (MPs) were reportedly assaulted by officers from His Majesty’s Correctional Services (HMCS). The human rights defenders have since forwarded a complaint to the commission, imploring it to act on the matter as it borders around human rights violation. The chairman of the commission, Senior Lawyer Sabelo Masuku, confirmed receipt of the complaint by some of the human rights defenders.   

Complaint

When asked what the commission was doing after having received the complaint, Masuku said it must not be an organisation that complains but should be a natural person. He said they were still to give a feedback to the organisations that approached them. HMC has appointed a six-member team to conduct a probe into the assault of the legislators last Thursday morning. It was previously reported that the MPs, together with seven inmates, were assaulted by warders, who had their faces covered with balaclavas.  It was further reported that upon entry, the officers started assaulting the two legislators with open hand claps, fists, kicked them and also used spray guns.

The Commission on Human Rights and Public Administration is established by the Constitution of the Kingdom of Eswatini as a commission with a three-prong mandate as articulated in the Constitution in Section 164 and 243 respectively. Section 163(1) establishes the commission as a Commission on Human Rights and Public Administration. Section 243 further establishes the commission as an Integrity Commission. The commission is, therefore, a hybrid institution, which not only performs the functions of a National Human Rights Institution, but also Public Administration (Ombudsman) and Integrity Commission. Meanwhile, lawyers representing the MPs, have described the probe instituted by HMCS as an exercise in futility.

Inquiry

Senior Lawyer Ben J. Simelane, who is part of the MPs’ legal team, said any findings by the probe team would have an institutional bias, hence the need for an independent judicial inquiry, which would be conducted in the open. He said there should be an open commission of enquiry where witnesses would be called. Simelane was quoted as having said: “Let someone who is independent do it. Instead of wasting time, why not appoint people who are independent and not attached to the institution.” He was adamant that the investigation should be conducted by someone who would listen to both parties instead of being biased towards either of the parties. “Let’s stop playing games, let us have something in the open. Instead of wasting time, government must set up a proper judicial commission of enquiry,” said Simelane.

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