‘GAWUZELA’S UK STATUS AN ADVANTAGE TO GOVT’
MBABANE - Government says Swaziland Liberation Movement (SWALIMO) President Mduduzi ‘Gawuzela’ Simelane’s status in the United Kingdom (UK) gives them an advantage for future extradition proceedings.
Government Spokesperson Alpheous Nxumalo, said they now knew where to find Simelane and that the asylum was not a big deal to government. This comes after Simelane was granted a refugee asylum stay in the UK for the next five years. Simelane fled the country in July 2021, shortly after news of an arrest warrant against him made the rounds. His warrant of arrest was issued along with those of convicted former Members of Parliament (MPs) Mthandeni Dube and Mduduzi Bacede Mabuza.
The two were arrested on July 25, 2021, and charged for contravening the Suppression of Terrorism Act of 2008. After fleeing the country, Simelane stated that he was in the UK in a quest to spread the word about the alleged human rights violations in Eswatini. He said he was on a global advocacy drive.The United Nations High Commissioner for Refugees (UNHCR) defines a refugee as someone who has been forced to flee his or her country because of persecution, war, or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group.
Asylum
In reaction to the developments, Nxumalo said the asylum status given to Simelane only changed his status of staying in the UK, but did not change his status of being a fugitive from the law, who bolted, at a time when he was required to appear in court and prove his innocence relating to the charges he was facing. According to Nxuamlo, Simelane’s status in the UK also gives Eswatini the advantage of knowing his exact location, in case they may require applying for his extradition in the future. “We now know where exactly to go with our application papers. The onus is now upon the Government of the UK to ensure that Simelane does not violate the rules and regulations provided for by international law that governs the conduct of refugees. “Moreover, it is no big deal to the government that Simelane has been granted asylum in the UK,” Nxumalo said.
However, some legal practitioners stated that the country did not have any extradition treaty signed with the UK. Nxumalo, on the other hand, added that in the height of the political conflict in Zimbabwe, between Zimbabwe African National Union-Patriotic Front (Zanu PF) and the Movement for Democratic Change (MDC), many MDC members fled their country to the UK for asylum and were granted same.
Terrorism
“In recent times, when Mainland China introduced the national security law in Hong Kong, thousands of people fled to the UK and were granted asylum at mass. The national security law introduced by Beijing established four particular crimes; secession, subversion, terrorism, and collusion with foreign organisations. “Among the sanctions to be meted out against those found guilty will not be allowed to stand for public office according to the national security law,” he said. Efforts to get a comment from the Ministry of Foreign Affairs and International Cooperation proved futile. A questionnaire was sent to the Ministry’s Communications Officer, Sikhumbuzo Bhembe, who acknowledged receipt but had not responded by the time of publication.
He had been asked if there was a treaty in place between the two countries regarding extradition and what were the procedures for extradition under the current treaty, if there was any. In an interview with the Times SUNDAY, Simelane said his fugitive status only existed in the mind of the Eswatini Government. He mentioned that the world was now clear about the true colours of the Eswatini regime and that emaSwati should never hesitate to apply for a stay anywhere now.
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