Ein Wort in eigener Sache:

Ich möchte mit der Veröffentlichung dieser Artikel in keinster Weise begangene Verbrechen beschönigen oder sogar entschuldigen. Mir ist bewußt, daß die meisten dieser Leute kriminell sind und teilweise entsetzliche Verbrechen begangen haben. Trotzdem stehe ich auf dem Standpunkt, daß man auch solchen Menschen ein Mindestmaß an Menschenrechten zubilligen muß. Folter, Schläge und sogar staatlich angeordneter Mord sollten in unserer heutigen Gesellschaft keinen Platz mehr haben.

Bitte bedenken sie desweiteren, daß ich alle meine Informationen aus der lokalen Presse entnehme!!!

Ich habe nichts gegen Swaziland und seine Bevölkerung. Ich habe es wirklich genossen dort zu leben, bis zu dem Zeitpunkt, wo mir großes Unrecht angetan wurde. Dies kann und will ich nicht vergessen. Menschenrechte sind etwas sehr wertvolles und keiner darf sich anmaßen, sie zu ignorieren.

Artikel in der Times of Swaziland vom 24.02.2001

LAUER IS SUING GOVT OVER E5 M (LAUER erhebt Klage gegen die Regierung über 5 Mio. Emalangeni)

BY PHIWOKWAKHE NGIDI

MBABANE - Former referee Peter Lauer is suing government E5.1 million for his disability while he was incarcerated. The actual amount that Lauer seeks is E5 181 200 with interest at the rate of nine percent per year as well as costs of the application. Lauer stated in papers filed by Peter Dunseith that he is a German national born on July 31, 1956. He said he was arrested by the police on January 4, 1999 on a charge of being in possession of counterfeit currency.

He said after that he was remanded to the Sidwashini prison and his physical condition began deteriorating on February 14, 1999 and by February 17, 1999 one side of his face was paralysed, he could not walk unassisted, he was vomiting and dizzy and eventually lapsed into unconsciousness. He said despite repeated requests he was not attended to by a doctor, received no proper or adequate medical attention, he was left unattended for a lengthy period on the concrete floor of the prison reception office and his family was not informed of his condition.

He said after considerable delay he was conveyed to the Mbabane government hospital in the back of a prison van without any accompanying medical personnel. He said at the hospital he was not attended to by a doctor but was confined to a security ward, put on a drip by a nurse and given cough mixture. He said he never received further treatment until February 21, 1999 when he once again became unconscious and on regaining consciousness he found that the left side of his body had been paralysed and he had lost bladder control.

He said the doctors only attended to him at the instance of his wife but no proper or adequate medical attention was given. He said his condition continued to deteriorate and despite being informed that a private doctor had diagnosed that he had suffered two strokes, doctors at the government hospital refused to treat him as a stroke victim. He said if he had received proper and adequate medical attention he would not have suffered two stroke.The matter is pending before the High Court.

Artikel in der Sunday-Times of Swaziland vom 19.01.2003

Prisoner’s tales of torture (Ein Gefangener erzählt über seine Folter)

BY PHIWOKWAKHE NGIDI

MBABANE - A former prisoner has related how he was assaulted and harassed while he served his sentence in jail.
Besides sleeping on the floor just next to the door, he was assaulted by a prison warder more than once.
Lucky Dlamini, who did not want to disclose what his sentence was for, said he was ill-treated by one Sergeant Dlamini who used to assault him for absolutely nothing.
Lucky said he has now left the matter with his lawyer Thulani Masina whom he has instructed to sue the government for his ill-treatment whilst in prison.
“One night as I was sleeping, I heard the burglar door open and then the door into the cell,” Lucky said.
“Immediately the warders came in Sergeant Themba Dlamini shouted asking from where the dagga was smelling. Since I was the first he met he assaulted me with a fist and a baton demanding that I show him where the dagga smell came from.
“I told him that I do not smoke even cigarettes and would have detected if there had been any dagga in the room but he would not listen,” Lucky said.
He said Sgt Dlamini proceeded into the cell and assaulted another prisoner, Ntokozo and returned to assault him(Lucky) as he was on his way out.
He said after his ordeal he suffered earache the following day and the day after blood oozed out of his ear.
Lucky said he went to report the matter to the chief officer (CO) whom he only knew as Tsabedze but was referred to the Officer in charge (OC) also a Tsabedze. He said he related his ordeal and Tsabedze sent him to another officer to ‘listen to the tale’ and report to him.
He said after relating his ordeal to this officer, the officer went and reported to Tsabedze (OC) who said that Sgt Dlamini was off duty and would be back on Wednesday.
Tsabedze sent a message that whenever Lucky sees Sgt Dlamini, he should alert him. He said he saw Sgt Dlamini on Thursday and when he tried to report to Tsabedze he was prevented by the warders who said the OC could only be seen at 2:00p.m.
He said at 2:00pm another shift took over and they said Tsabedze could only be seen in the morning.
He said he realised that this was a clear strategy to prevent him from reporting the matter to the prison bosses. He said in a number of times he tried to reach OC Tsabedze but he was refused access.

Artikel in der Times of Swaziland vom 23.01.2003

Almost two years in jail without trial (Schon 2 Jahre im Gefängnis ohne Verhandlung)

BY SONNYBOY FAKUDZE

MBABANE - A man of Ezulwini who has spent close to two years in jail without trial has applied before the High Court to be discharged from custody forthwith.
Fakazi Witness Mamba is facing rape and incest charges.
The matter was however, postponed yesterday at the Chief Justice, Stanley Sapire’s chambers until tomorrow. Fakazi was represented by Mduduzi Mabila.
On the first count of rape, Mamba is alleged to have raped a 10-year-old juvenile at Ezulwini.
On the second count, he is said to have had sexual intercourse with a 10-year-old minor being by blood relationship, the biological father of the child.
According to the application for his discharge, Mamba said that he was arrested by the police on December 2001 on a charge of rape and incest.
He said at the trial of the matter he will enter a plea of not guilty, as he is innocent of the charges levelled against him.
He said he was committed on May 13, 2002 to stand trial at the High Court for the said charges.
Mamba said in terms of Section 136 (1) of 1938 as amended, he should have been brought to trial at the first session of the High Court for the trial of the criminal case.
He said such session as envisaged by the section would have been the third session of 2002.
Mamba said he was not brought to trial and he did not apply for bail and the matter was never dealt with any further in terms of Section 136 (1).
The crown is however, opposing the application and full argument will be held tomorrow.

Artikel im Swazi Observer vom 30.01.2003

SUSPECT LEFT TO ROT IN JAIL (Verdächtiger verrotted im Gefängnis)

A murder suspect Zeblon Simelane, whose case was tried by former Chief Justice David Hull, has spent 12 years at Sidvwashini Prison awaiting his judgement.
Simelane, who is now believed to be mentally unstable as a result of frustration and uncertainty on his fate, was neither convicted nor sentenced by the former Chief Justice, who left the country before delivering judgement on the case.
Hull left in 1995 amid misunderstanding with Government. Before he returned to his motherland, Government had repossessed his car and he was further ridiculed when a certain section of the country’s civic society donated a bicycle to him.
The frustrated trial awaiting prisoner (Simelane) was arrested in 1991. He was remanded into custody for about two years by the Mbabane Magistrate’s Court until his case was referred to the High Court in 1994. Just before Hull could try Simelane’s murder case, interference into the judiciary started to rear its ugly head until he was finally relieved of his duties under highly questionable circumstances. While the former Chief Justice was embroiled in a dispute with Government, Simelane’s case was ‘stuck.’
Simelane, a resident of Hlatikhulu, is now a financial drain to the taxpayer, especially because he has not been doing manual work for the past 12 years. He cannot be compelled to do manual work because he is innocent until proven guilty of the murder case by the court.
Impeccable sources said Simelane’s daily routine at Sidvwashini Correctional Services is centred around having breakfast, lunch and supper. It is understood that he occasionally watches TV on stipulated time and “he has been doing that for the past 12 years.”
The Swazi Observer’s investigation has gathered that some senior authorities at the Correctional Services are very concerned with Simelane’s long stay in prison without trial. It has been revealed that prison authorities, sometime last year, reminded the office of the Director of Public Prosecutions (DPP) of the necessity to speed up Simelane’s case or withdraw charges against him.
Sources have revealed that Simelane had not sought services of an attorney, but Government is obliged in terms of the law to hire a lawyer to represent anybody charged with murder who could not afford to seek legal representation on his own.
“The fact that Simelane does not have a lawyer to speed up his trial and fight for his rights does not mean he has to be neglected the way they have done. Government has a duty to hire him in a lawyer,” said one of the sources.
Sources have further stated that he was not the only one ‘incarcerated’ for quite a long time.
“It’s true that there are many who have stayed at the prison for a long time, but Simelane can now be said to be suffering the most. Lawyers, including Advocate Ernest Twala, have been to the prison to complain about this thing,” added the source.
Commissioner of Correctional Services Mnguni Simelane confirmed the matter and added that the right authority to comment on it in detail was the office of the Director of Public Prosecutions (DPP).
The Commissioner said they, sometime back, reminded the office of the DPP of the necessity to finish Simelane’s matter. He conceded that there were too many suspects who had spent many years in prison without trial.
He said when he enquired about Simelane, judicial officers started pointing fingers at one another.
“I strongly believe the High Court and DPP’s office are aware of this matter because we did bring it to their attention,” said the Commissioner.
DPP Lincoln Ng’arua said he was yet to investigate the matter and issue a statement but he said, Simelane might have stayed in prison for many years because of his state of mind. He said he remembered visiting him recently at the Sidvwashini Prison where he realised that services of a psychiatrist were needed before he could be brought before court. He said he was, however, yet to satisfy himself that Simelane was actually in need of a psychiatrist.
According to Advocate Thwala, who frequents the prisons, there are many such people in Simelane’s position, one of whom is a client of his Sabelo Mtsetfwa of Maliyaduma, whose murder case was tried but he has still not been sentenced nine months down the line.

Artikel im Swazi Observer vom 11.02.2003

Try me now or I kill myself - suspect (Verdächtiger - bringt meine Sache vor Gericht, oder ich bringe mich um)

An awaiting-trial prisoner is reportedly threatening to commit suicide at the Sidwashini Remand Centre in Mbabane in a bid to expedite his criminal trial.
The suspect, who is of foreign origin, was arrested in Nhlangano in July last year for alleged possession of mandrax tablets.
However, Acting High Court Registrar Thandi Maziya and prison authorities warned against having his name published to minimise harm to his close relatives. Ever since his arrest, the suspect has been remanded on a number of occasions at Nhlangano Magistrate’s Court before his committal to the High Court.
A source said some time last week, the inmate threatened prison authorities that he would commit suicide if his trial was not sped up by the High Court Registrar’s office.
Acting Registrar Maziya confirmed that she had been approached by some prison officers with the intention of clarifying the suspect’s position.
She said there was little her office could do since there were many awaiting-trial prisoners, who have been incarcerated for more years than those spent by the alleged drug dealer.
“I would be setting a bad precedent if I try to speed up his trial because he was arrested recently,” said Maziya.
“If I try to sympathise with him by speeding up his case, this might cause other awaiting -trial prisoners to also threaten to commit suicide with the hope that someone would come to their rescue.”
Maziya, however, said she would be visiting the suspect at the prison some time this week to explain the situation.

Artikel in der Times of Swaziland vom 14.02.2003

Appeal Court judge uncertain about withdrawing resignation (Berufungsrichter unentschlossen über Rücktritt)

BY LUCKY TSABEDZE

MBABANE - Court of Appeal Judge President Leon is uncertain whether he will withdraw his resignation after his intended meeting with the prime minister Sibusiso Dlamini and the Chief Justice Stanley Sapire.
The Judge President (JP) could not be certain and preferred not to reach conclusions beforehand, but said he would rather wait and see developments from his meeting with the PM.
“It will be difficult to say what I will do or say after the said meeting, I am just not sure. I would not want to disclose at this stage what will happen or develop from the intended meeting with the PM, I think its best we cross that bridge when we get there,” he said.
Leon was responding to questions of a possible withdrawal of his resignation to rejoin the Court of Appeal in light of the proposed meeting between him, the Prime Minister and the CJ Stanley Sapire to be held sometime next week.
“I am aware of an invitation from Swaziland which I believe came from the prime minister about a meeting which is set to take place some time this month. Though I am not certain about what would happen especially because I am not feeling well now,” said the JP.
Leon stated that though he got the invitation he can’t safely say he will definitely be there himself, but if he is not the other Judges from the Appeal Court would be sent in his place.
On the other hand, the Chief Justice Stanley Sapire confirmed that he received the invitation from the PM, and arrangements were still being made to set a date.
“I am in touch with the Judge President, but I don’t know whether he received a similar invitation. We are still making arrangements to have a date set for the meeting soon,” he said.
Leon resigned from the Appeal Court after the PM issued a statement on behalf of government that the court of appeal judgements would not be respected because they challenge the authority of the king to make laws.

Artikel im Swazi Observer vom 12.03.2003

What killed Rev. Mashwama’s 'murderer' (Was brachte den angeblichen Mörder von Reverend Mashwama um?)

High Court Judge Thomas Masuku has ordered the Correctional Services Department to produce an autopsy report on the cause of death of a South African man, who was alleged to have murdered Anglican Church Reverend, George Mashwama.
Justice Masuku ordered that the report should be filed at the Registrar of the High Court within 30 days with effect from last Monday.
The deceased, Muzi Richard Dlamini, died in November, last year of an undisclosed illness while at the Central Prison in Matsapha.
Dlamini had already been acquitted of the charge of killing Reverend Mashwama when he met his death.The High Court found no sufficient evidence linking him to the crime.
Dlamini, together with his co-accused, Obert Sithembiso Chikane, subsequently remained with charges of armed robbery and illegal possession of a firearm.
Justice Masuku issued the order directing the prison department to make available the report when handing down a judgement on the remaining counts, which Chikane is also facing.
“The court has since been informed and it is confirmed that Muzi Richard Dlamini, the second accused died in custody during the defence case,” said Justice Masuku.
“In the premises, Mr. Mamba (lawyer Mbutfo Mamba) decided to withdraw his services and this judgement shall be directed to the remaining accused person. Reference shall, however, be made to the deceased’s evidence in so far as I may deem it necessary and appropriate. “I do, however, order an autopsy report regarding the cause of his death and the report of the inquest surrounding his death must be filed with the Registrar by the Correctional Services Department for my perusal and further directives.”
Reverend Mashwama was shot dead during a robbery near Nkoyoyo area in 1999. He was robbed of his Toyota Venture worth E80 000. The deceased had just crossed the Oshoek Border Post, driving home from South Africa, when he met his tragic death.

Artikel in der Times of Swaziland vom 13.03.2003

Murder suspect dies while awaiting trial (Mordverdächtiger stirbt in Untersuchungshaft)

BY LUCKY TSABEDZE

MBABANE - An ailing murder suspect succumbed to death at Sidwashini prison.
The suspect, Vusi Gwebu is said to have been sick since his arrival at the prison.
At the time of his death he was still appearing for remand.
Gwebu’s cause of sickness could not be obtained, but he is said to have been a very sickly person who frequented the Mbabane Hospital where he would be admitted and discharged. Correctional services public relations officer, Noma Sibandze confirmed the death of the murder suspect.
Sibandze said Gwebu died from a sickness she refused to divulge.
“It is true that a murder suspect, Vusi Gwebu, passed away on Sunday. According to information from Sidwashini prison, the deceased was a sickly person,” she said yesterday. According to her, Gwebu who is by birth from Nkiliji, succumbed to his sickness at the Mbabane Government Hospital where he had been admitted. He is said to have spent a week at the hospital before he died. “His sickness has been worsening since his arrival at the correctional institution. He had been appearing in court for remand hearings,” said Sibandze.
In previous incidents, an inmate from the same institution committed suicide when he hung himself with the string of his tracksuit, and former manager of Fridge Master Van Graan, also a murder accused, injected himself with a poisonous substance.

Artikel in der Times of Swaziland vom 08.04.2003

'With poor human rights SD continues with serious abuse' (Swaziland auch weiterhin mit schweren Verstößen gegen die Menschenrechte)

BY ALEC LUSHABA

MBABANE - The country’s human rights record is poor and it continues to commit serious abuses says a human rights report issued by the United States for the past year.
The report released by the Bureau of Democracy states that police use excessive force on some occasions and there are even reports that police torture and beat some suspects.
The report states that government generally failed to prosecute or otherwise discipline officers who committed abuses.
On torture, and other cruel inhuman or degrading treatment or punishment, the report said the law does not prohibit such practices, although under the 1963 Prisons Act correctional facility officers may be prosecuted if they engage in such practices, there were reports that government officials employed them.
“There were credible reports from criminal defendants that the security forces used torture during interrogation and abused their authority by assaulting citizens and using excessive force in carrying out their duties. For an example, in January a woman accused of theft complained that she was beaten, slammed against the wall, and slapped with a knife by police attempting to elicit a confession,” the report stated.
It further recorded that police sometimes beat criminal suspects and occasionally used the “tube” style of interrogation, in which police suffocate suspects through the use of a rubber tube around the face and mouth.
The report says that there are still unofficial reports that police used Kentucky method of interrogation in which arms and legs of suspects are bent and tied together with a rope or chain, then the person is beaten.
They say internal complaints and discipline units investigated reports of the human rights abuses by the police, but no independent body had the authority to investigate police abuses.
Police have also been accused of having banned and forcibly dispersed prayer meetings that unions and members of banned political parties attempted to attend.
“The police on several occasions harassed political activists. There were some limits on freedom of movement. Legal and cultural discrimination and violence against women, as well as abuse of children remained a problem,” the report states.
The report says that while prison conditions generally does not met international standards, however, government’s detention centres remained overcrowded and conditions were generally poor.
“The use of non-bailable provisions resulted in the continued overcrowding and other unfavourable conditions in government detention centres where suspects were held during pre-trial detention. Suspects were often released for time served after being sentenced,” the report states.
The government interfered with the judiciary and infringed on citizens’ privacy rights,” the report stated.
Of the judiciary, the report says that it is generally independent, however, the king exerted certain judicial powers, and High Court judges struggled to resist pressure to yield any powers to those outside the judiciary.
Also highlighted in the report is the attorney general’s stunt to visit the High Court, where he told the full bench to stop presiding over the Liphovela Zena Mhlangu case, which is internationally viewed as the interference by the executive.

Artikel im Swazi Observer vom 28.04.2003

Man spends 10 years in jail without trial (Mann 10 Jahre hinter Gittern ohne Verhandlung)

BY THABISO MKHONTA

A man, who was mentally unstable when he was arrested, has spent 10 years at the Sidvwashini Prison without trial despite that his condition has improved.
“I have been in prison for 10 years without being tried, and I have only been informed that I’m mentally disturbed, despite a doctor’s confirmation of my fitness,” he complained. Jabulani Simelane of Maseyisini, Nhlangano, allegedly hacked his father to death with a bush knife 10 years ago.
He was arrested in 1993 and charged with murder.
Simelane (36) spent five years at the Nhlangano prison without trial, before his case was referred to the High Court.
Simelane complained bitterly about his long stay at the prison, especially because he has been certified to be mentally fit. He does not believe that his case was delayed because of his sickness, but also as part of his punishment.
“I spent about five years at Nhlangano prison and as if this was not enough, I have been left to rot at Sidvwashini prison for the rest of my life, I believe. While it is true that I had a mental problem, which used to occur at least once a month, I believe my trial is long overdue,” said Simelane.
Simelane admits that he committed the crime, and further disclosed that his sickness was an on-and-off mental case.
To prove his point, he argued that before he committed the crime his close relatives informed him that he would become violent each time the sickness strikes.
His mother, Bellinah Simelane, related in an interview at Maseyisini in Nhlangano, that her son’s mental sickness was a common thing in the family. She said his younger sister had the same mental problem.
Although she understands that her son’s (accused) crime was committed out of the sickness, she expressed fear in accepting him back home, in case he was released.
She disclosed that community members still hold grudges against the him for killing his father, and more so because some residents in the community had been victims of the his anger when the sickness struck.
The accused’s sister, Phila Simelane (31) who also suffers from the same sickness, her mother's sentiments.
She said his brother was innocent, and had committed the crime out of sickness.
She disclosed that she was still taking medication even at this stage, a fact that should be considered during her brother’s trial.
Simelane’s case is not an isolated one, as a number of other murder suspects have suffered the same fate, one being Zeblon Simelane of Hlathikhulu, who has spent 12 years in prison.
Zeblon was arrested in 1991 and had been remanded into custody for about two years by the Mbabane Magistrate’s court, until his case was referred to the High Court in 1994. The matter was partly heard by former Chief Justice, David Hull.
Sources have revealed that more are suspects rotting in the country’s prisons, without their cases being heard.
When contacted for comment, the Public Relations Officer of the Correctional Services Department, Noma Sibandze, said she was aware of Jabulani’s case as well as his long stay in prison.
“I’m aware that the accused has been in prison for too long without trial. It has been partly a result of his doubtful state of mind, and also the delay of cases in courts.
The accused has been receiving medical attention for some time, which is why we submitted a doctor’s report to the High Court Registrar Thandi Maziya early this year, confirming that he can now stand trial,” said Sibandze.
Meanwhile, Maziya disclosed that the accused was discovered to be unfit for trial and that the latest doctor’s report was received on March 19, 2003.
When asked to comment whether the accused had been unfit for the past years, she argued that they relied on a doctor’s report, which had to be received from prison authorities, since they were the ones looking after the suspects.
She added that the procedure is that, after examination of the accused at the Psychiatric Centre, the report has to be handed to them.

Artikel im Swazi Observer vom 06.05.2003

Inmate exposed to cold dies (Untersuchungshäftling erfriert im Gefängnis)

A male suspect at Sidvwashini prison reportedly ‘froze’ to death after catching a severe cold due to shortage of blankets.
Themba Moyane (48) of Luyengo was found by other prisoners stone cold at the Sidvwashini prison where he was awaiting trial.
Moyane had been charged with sodomising a 9-year-old boy. He was allegedly caught red-handed by police at Nkwalini location in Mbabane.
It was gathered that Moyane had only three very light blankets to brave through the night, which he had been using since he was put behind bars in December last year. Sources said the deceased and other suspects slept on a concrete floor covered with very thin blankets provided by the prison authorities.
Family members have been left dumbfounded since Moyane’s death was reported by the Swaziland Correctional Services authorities.
The family members claim to have paid him a visit two days before he was reported dead and found him well and fit.
“I’m still puzzled as to how my brother came to meet his death, since I had paid him a visit on April 18, 2003 and found him in good shape. When I met him at Sidvwashini prison, he showed no signs of illness nor was I alerted of any problems concerning his health. This explains why I was shocked to learn that he died four days later,” said Mumcy Matsebula, a sister to the deceased.
When the family was informed of the suspect’s death last Wednesday, there was reportedly no mention of the cause of death.
“We will not bury the deceased before we hire our own pathologist to determine the cause of death,” said the sister.
However, the living environment at Sidvwashini prison is reportedly unhealthy.
Two weeks ago a suspect of South African origin was alleged to have died under the same conditions.
Sources at the prison disclosed that a majority of the suspects awaiting trial are very ill. It is reported that there are no drugs at the prison, save for pain- killers.
Even worse, there is serious congestion.
Contacted for comment, Public Relations Officer of the Swaziland Correctional Services Noma Sibandze confirmed Moyane’s death, which happened on April 24, 2003. She said he had received medical attention two days earlier.
She disclosed that prisoners were accorded the same medical attention provided to law-abiding members of the public at government hospitals, which could also mean that a shortage of drugs was a cause for the deaths of prisoners.
Even though Sibandze did not elaborate on the conditions at the prison, she admitted that Moyane was the second to die in a month.
Sibandze added that Moyane would be handed over to his family members for a proper burial.
Also contacted was Mbabane based medical practitioner Themba Ntiwane, who confirmed that exposure to extreme cold could lead to sudden death, in particular when this would strike the unsuspecting individual suddenly.
He added that it was possible to detect during a postmortem whether an individual died out of extreme cold or not.

Artikel in der Times of Swaziland vom 18.05.2003

At last sanity prevails (Letztendlich siegt die Vernunft)

BY PHINDA SIHLONGONYANE

LOBAMBA - Mpuluzi chief and Swazi National Council Standing Committee member Nhloko Zwane may enjoy his freedom tomorrow after suspects who had previously been admitted bail but were not released will now be released. Zwane was granted a E 5,000 bail on Friday by the High Court. This was resolved at a meeting between government and former court of appeal judges at a meeting held at Ludzidzini royal residence on Friday evening. This seems to be an admission by government that Decree 3 of 2001 is null and void as the judgement stated that the decree be declared invalid and the cases of the two appellants are remitted to the high court to decide whether or not to admit them on bail.
At a press conference held at the Nkhanini offices in Lobamba yesterday, Judge Tebbut, who was speaking on behalf of the judges, said the government requested an adjournment of the meeting to a future date in order for it to properly formulate and put before the former members of the Court of Appeal its concerns in regard to the way forward for the re-establishment of the court.
He said the former members of the court are in a spirit of reconciliation with which they have approached this meeting, agreeable to such adjournment on the following conditions. The first condition made, according to the judge, is that the statement made by government on Friday night be released for public information forthwith.
“Pursuant to its undertaking in her statement, viz that it will abide by the judgements of courts, the government will release those people whom the courts have ordered to be released on bail within 48 hours,” he said.
He said in so far as the government’s concern may involve the judgement in the Macetjeni case the former members of the Court of Appeal would observe that there is nothing to prevent government on adequate grounds from applying to the High Court for a stay of execution of the order made in that judgement.
“The government agrees with condition 1. As to condition 2 the government agrees that those ordered to be released on bail be released but wishes to consider the time which this will occur,” he said.
He said as to condition 3 the government will consider it and indicate as soon as is convenient its agreement or otherwise.
Tebutt delivered the statement after the Attorney General, Phesheya Dlamini, who stated that government respects the rule of law and the independence of the judiciary, and accepts that it is fundamental to the rule of law to abide by the judgement of courts.
“His Majesty’s government wishes to make the following statement that it unconditionally retracts the contents of the November 28 statement that Judges of the Court of Appeal were influenced by external forces in their work and that they were not independently forming those judgements in question,” he said.
Dlamini said all other remaining elements of the statement which are of concern would be addressed through dialogue. Suspects who had been granted bail by the courts have not been released since the in famous November 28 statement by the Prime Minister Sibusiso Dlamini.
It has been gathered that another meeting would be convened early next month.
The press conference was attended by, among others the Ex-Prime Minister Dr Sibusiso Dlamini, (der Verursacher der Justizkrise und heimliche Diktator von Swaziland), Swazi National Council members, members of the law society and Justice and constitutional affairs minister Magwagwa Mdluli, CDC chairman Prince David and other government officials.

(In einem Gespräch mit meinem Rechtsanwalt Peter Dunseith, wurden von ihm Zweifel an der Glaubwürdigkeit des Premierminister geäußert......und er hatte recht!!! Kaum waren die Richter weg, wurde der Status Quo wieder hergestellt und alles bleibt wie es war).

Artikel im Swazi Observer vom 24.05.2003

TORTURED BY THE POLICE (Gefoltert von der Polizei)

A young political activist has lived to tell how he was falsely charged with rape and also made to spend a year in a remand holding facility without going to court.
Moses Mavuso from LaMgabhi Etiyeni on the plateau of Mdzimba Mountain is the former president of the Swaziland Association of Students (SAS), a youth organisation affiliated to the People’s United Democratic Movement (PUDEMO) and the Swaziland Youth Congress (SWAYOCO).
Mavuso said he was arrested on October 30, 2001 while at the Mbabane Police Station after a brawl with some of his peers.
He said on arrival at the Mbabane Police Station, police pursuing the matter of his brawl charged him with rape. The rape charge, he said, was laid by a senior member of his family who accused him of having raping a relative.
He said he was surprised that the male member of the family with whom he had differences happened to be at the station at that particular time.
The old man, Moses added, made a comment to the effect that he, Moses, was to be arrested for the rape and blamed police for letting him continue writing his final O’Level examinations.
On the day, Moses said, he was carrying a copy of The Swazi Observer in which there was an article about his activities at SAS.
When police saw the article and also heard about the rape complaint from the old man, they told him that he would definitely do time in custody.
When the old man was asked if he knew the said Moses, the old man, according to Moses, could not identify him.
It was then that one officer pointed a finger at him and the old man nodded.
He said he was then taken to the cells. From the cells, Moses continued, an officer took him to the toilet and started interrogating him about his involvement with PUDEMO.
“The officer asked me if I was a member of the progressive group and I agreed. He also asked me if I knew what each of the exiled members of PUDEMO were doing outside the country,” Moses said.
When he asked the officer why he was being interrogated about his political activities instead of the rape, Moses said the officer asked him to cooperate so that he could be helped out of the serious rape charge.
It was then that Moses said he insisted to the officer to concentrate on the rape charge, if it was genuine, so that the matter would be concluded in time for him to leave in order to prepare for his examinations. Moses was preparing to sit for a SiSwati examination.
Seeing that Moses was no longer prepared to answer questions on his political activities, the officer then returned him to the cell, he said.
“Other officers joined in and they slapped and shoved me while in the cell. They started asking me questions about the quarrel I had with my friends, the original reason why I went to the station,” Moses said. After sometime, they let him be.
However, later in the day he said he saw his headmaster (from Nsukumbili High School) through the cell window entering the station. Moses said the police did not allow him to talk to his headmaster.
Instead, they bungled him inside a police pick-up and drove him where he stayed with guardians. On arrival at home, Moses said the plain-clothes police officers told him to tell his guardian not to worry because they were his prospective sponsors.
At the time Moses claimed he was being sponsored by The Save The Children Fund. His guardian bought the story.
They entered and turned his room upside down in search of PUDEMO pamphlets and other political documents. They confiscated all they found and Moses said he did not deny knowledge of those documents. They then took him back to the police station.
The following night a team of senior police officers, some he heard came from some department called IB (Intelligence Branch), visited him at the station. Before the IB team came to “talk” to him, the police officers, Moses said, started assaulting him and ordered him to say he knew everything about PUDEMO.
“They covered my head with a plastic bag dowsed with methylated spirits and I started choking. (The fatal kentucky-style interrogation!!!). They ordered me to do the toyi-toyi around the cell. I was certain that I was about to die,” Moses said.
However he summoned courage and pestered them to ask him about the rape case. The officers however were annoyed and slapped him in the mouth because, he said, it was the mouth that was disturbing the interrogation. He refused to answer the questions until they removed the plastic hood from his head. On November 1st. he was visited by his brother Vusani who insisted that he had to be taken to court in order to ask the magistrate to allow him to proceed with the examinations.
However, when he finally met the magistrate in court he was dumbfounded: The magistrate allegedly told him that he was talking rubbish by asking to be set free in order to write the examinations because he had already botched his chances by facing a rape charge. He was whisked to Sidvwashini holding facility.
Police PRO Vusi Masuku would only comment that the fact that Mavuso was released on technical grounds does not mean that the matter has been finalised. He also revealed that police were professionals and would not use unorthodox means to torture suspects. (Lügen wie immer!!!).

Artikel im Swazi Observer vom 24.05.2003

They die like flys, says Mario (die sterben wie die Fliegen, sagt Mario

The persecution of Moses Mavuso was aptly calculated at disrupting his educational endeavours and at cutting the bond with his peers and community, President of PUDEMO, Mario Masuku said.
He confirmed that Mavuso was and is a member of PUDEMO youth organisation, SWAYOCO.
He said attempts to find the validity of the crime he committed had failed.
“Even the complainant is not the person who Mavuso is alleged to have raped. The complainant has also disappeared,” Masuku said, adding that it is his belief that justice must be done.
Masuku further noted that a lot of people against the system of government will be incriminated but vowed that nothing would deter people from fighting “for freedom.”
“The matter of Mavuso’s assault and torture while in custody is a matter the movement is taking legal action against,” Masuku said.
While Masuku himself was in prison for treason, he also claimed to have known a cell notoriously called etindvongeni (in between walls) where 90 people are crowded and one of them had not seen a magistrate for seven years. In earlier reports, the prison authorities acknowledged the presence of inmates who have not stood trial for a relatively long time.
“Locking people up in prisons and forgetting them is not uncommon. While I was in prison I saw four suspects dying,” Masuku said, qualifying his assertion that some suspects are forgotten until they die in prison.
He further noted that while suspects are kept for long spells in prison without trial, witnesses either disappear or die. He made particular reference to the case of alleged serial killer David Simelane who has been in prison for two years now and said valuable evidence would be lost as witnesses might die.
“It is not just the problem of inmates being kept for long in Sidvwashini, it is just the rot in the entire judicial system,” he concluded.

Artikel in der Times of Swaziland vom 18.06.2003

How I was assaulted by police - Cracker’s son (Wie ich von der Polizei gefoltert wurde, Cracker's Sohn)

BY SONNYBOY FAKUDZE

MBABANE - Mavi Masina, the son to soccer administrator Gift “Cracker” Masina yesterday related in the High Court how he was assaulted by the police at the Mbabane police station after they suspected him of having committed robbery at the Swaziland Jewellers.
The 24-year-old University of Swaziland (UNISWA) student told Justice Stanley Maphalala that the assault took place at the Mbabane police station.
“I was assaulted during the day and night. However, I did not get the chance of lodging a complaint to the station commander,” he said when being cross-examined by Advocate Ernest Thwala.
The Humanities student further revealed in court that he does not have any medical report to substantiate the assault that was inflicted upon him by the police.
He said when he appeared for his first remand at the magistrate court, he did not get the chance to tell the magistrate that he had been assaulted by the police at the police station.
“I was not afforded a chance to lodge the complaint. I was only told of my rights to legal representation and was then remanded back to custody,” he said.
Masina is suing the police for E150 000 for unlawful arrest and detention. He stated in his affidavit that he was arrested by the police on February 2001 on a charge of robbery.
He said the police whose particulars are unknown to him were at all material times, acting within the course and scope of their employment with the government.
He said thereafter the police wrongfully and unlawfully assaulted him by repeatedly kicking him all over his body and covering his face with a rubber tube. The case continues.

Artikel im Swazi Observer vom 18.06.2003

Man sues cops for E2m (Mann verklagt Polizei auf 2 Millionen)

BY SIPHO MAGAGULA

MBABANE - In a rather bizarre case, a grown up man of Nhlambeni was allegedly severely assaulted and tortured by the police until he defecated on himself.
Noah Ndoda Kunene is now suing the police for over E2 million for unlawful arrest.
He alleges that on November 9, 1998, one Mr Ndlovukazi and a certain Mkhwanazi of Tshaneni police station, on the fraud unit, wrongfully and unlawfully arrested him.
He was subsequently wrongfully and unlawfully tortured and assaulted by the police and as a result he suffered serious injuries on his body and in the course of the said torture and assault, he defecated on himself.
He was subsequently remanded in Big Bend prison on November 12, 1998 from police custody.
He claims to have contracted Malaria whilst still at the Big Bend prison.
“My arrest, torture and assault was unreasonable and/or unjustifiable and/or unlawful and/or wrongful and/or malicious in that despite my explanations, the police went ahead and detained me,” he says.
At the time of his arrest, he was engaged in gainful employment at the West Deep Level mines in Calertonville in South Africa and was earning a monthly salary of E2 800.00.
As a direct result of the arrest, he was dismissed from his place of employment in abstentia.
In terms of his contract, he was due to be pensioned at the age of 60. Hence he has lost his chances of pension due to the arrest.
He also claims that his 28 herd of cattle was stolen whilst he was in police detention.
On getting out of prison, he had to seek medical attention as a result of the unlawful assaults by the police and malaria fever.
He alleges that the arrest lowered his self esteem in the eyes of the public as it portrayed him as a common criminal.
Also, as a result of his arrest, he has lost out on 17 years of gainful employment with the West Deep Level mines as he was aged 43 at the time of his arrest and he was due to retire at the age of 60.
As a result of the arrest, he claims to have suffered the following damages;
1. loss of income from employment and loss of future earnings amounting to E571 000
2. Payment of the sum of E28 000 being fair and reasonable value of his 28 herd of cattle.
3. Pain and suffering-E900 000
4. Defamation of character E400 000.00
5. Loss of liberty-E 600 000
The matter was postponed to July 23, 2003. Kunene is not the first to sue the police for unlawful arrest.
Mavi Masina, son of well-known soccer administrator, Cracker, is also suing the police a total sum of E150 00.00 for unlawful detention

Artikel im Swazi Observer vom 07.07.2003

Jaywalker dies from police brutality (Fußgänger stirbt an den Folgen von Polizeibrutalität)

BY TIMOTHY SIMELANE

A man, who was arrested for jaywalking, died mysteriously immediately after he was released from police custody.
His relatives blame it on police brutality. The man sustained injuries that are believed to have eventually caused his death. The death of Dominic Mdluli, 42, of Inter Board outside Nhlangano, has baffled his parents who are now demanding answers from the police.
Mdluli, who was said to be drunk on the said day, was arrested while crossing the main road between Gege and Zheng Yong Garment Factory.
He was rushing to get into a car belonging to his friend Khololo Mdluli, which was parked on the other side of the road. It was then that traffic police officers took him in. His father, Albert, said the deceased was not sick nor hurt when he was taken in for jaywalking.
“I was surprised when I later heard that he was returned home by the police in an unstable condition. He had also suffered a fracture to his ankle.
“They told me that my son was limping and that he complained of severe pains,” Albert said.
He said the family had intended to bury the deceased yesterday, but police stopped them and said a postmortem had to be conducted on the body first.
“They said they wanted to clear their name which is why a postmortem has to be conducted,” he said. He added: “We deserve to know what really happened. It is unheard of that a person could die from a fractured ankle.
“Besides, the only sin my son committed is that he was drunk on the day of his arrest - if at all that is a sin.
As for the broken ankle, I do not know where it came from,” he said.
Police Public Relations Officer Assistant Superintendent Vusi Masuku confirmed that the man was arrested, but said it was “too early to be judgmental about the cause of his death before a postmortem is conducted”. Masuku said the deceased was released after paying a fine following his conviction by the Nhlangano Magistrate’s Court.
“The police were then informed by the parents of the deceased a few days after of his release that he had died,” Masuku said.
The deceased was released from custody on Thursday after he paid the E60 fine at the Nhlangano Police Station.
He died the following day, on Friday, at his parental home.
This was after he had been taken to the Nhlangano Health Centre, where he was treated and discharged for the injuries he had sustained.
His wife was so distressed that she could hardly speak when interviewed by The Swazi Observer yesterday evening. She kept shedding tears.
However, some relatives who were found comforting her said they had been informed that the deceased had sustained serious injuries when he was released from custody.
Masuku said police had opened an inquiry to establish the circumstances which led to the death.

Artikel in der Times of Swaziland vom 11.07.2003

Kingdom could be hauled before International Court (Königreich kommt vor ein internationales Gericht)

BY ALEC LUSHABA

MBABANE - The country faces the threat of being hauled before the International Court of Justice to answer for its human rights violations, especially with regard to the issue of Macetjeni and KaMkhweli evictions.
A team of experts from Amnesty International is in the country and is on a fact-finding mission with the objective of producing a public report in due course.
Leading the team is Amnesty International acting director for Africa’s programme Dr. Mary Rayner accompanied by Kolawole Olaniyan, an international and constitutional law expert and Amnesty International legal advisor, Michael Hammer, Rosy Parsons, a staff member of Africa’s programmes on southern Africa and one official who joined them yesterday.
The team has already met with foreign affairs and trade minister Roy Fanourakis, the prime minister Sibusiso Dlamini and is scheduled to meet other ministers like deputy prime minister Arthur Khoza, home affairs minister Prince Sobandla, justice and constitutional affairs minister Magwagwa Mdluli.
Also on the list are health and social welfare minister Chief Sipho Shongwe and police chief Edgar Hillary and some judges at the High Court.
Besides meeting government officials, the team arranged a meeting with some human rights organisations in the country, including trade unions.
When asked if their mission here would end up with those responsible for human rights violations brought to book, Dr. Reyna said it is very likely and is sure that those liable will be brought to justice.
“Our persistent recommendation has been that those who are responsible for human rights violations should be brought to justice and be made to account for their actions and redress be afforded to the victims,” Reyna stated.
Account
She hopes that the new constitution, once in place, will bring certain people to account for their actions.
Dr. Reyna said their reason for coming here is that the situation is quite grave and they are worried about the impasse between the government and those who feel it is disregarding the rule of law.
“Our concern is that it is a critical problem and secondly that it has consequences in peoples’ lives, such as the people who have been evicted.
“We further feel it would have consequences on the integrity of the constitutional making process, as the independence of the judiciary is enshrined,” she said.
Dr. Reyna said their intention was to talk to as many people as possible and they have direct concern and interest in what has happened in the country as it has affected some people. Dr. Reyna said her institution is an international organisation concerned with human rights violations and to campaign for redress of the victims of such violations.
She said they will use that report to lobby those who have power and responsibility and those influential in international problems, to ensure that human rights violations are redressed.

Artikel im Swazi Observer vom 07.08.2003

Prisoner gets trial after nine years (Untersuchungshäftling kommt nach 9 Jahren vor Gericht)

An awaiting-trial prisoner, who has spent nine years without being tried, will today be afforded justice at the High Court.
Jabulani Simelane, who is facing a murder charge, had been in custody since 1994.
Also appearing before the same court will be Sidney Bhekithemba Dlamini, who had been in jail since 1995.
Dlamini also faces a criminal charge.
The rest of the criminal suspects are Mgiliga William Shongwe (1997), Jerome Mankompo Zwane (1997) and Thokozani Maqhawe Vilakati (1998).
Acting High Court Registrar Shiyumhlaba Dlamini said most of the suspects were declared unfit to stand for trial.
He said as a result, the suspects had to be referred to the Psychiatric Centre for examination.
Dlamini was, however, not in a position to state if their trials were expected to commence today or at a later stage.
On another note, Dlamini refuted reports that his office was responsible for the backlog of cases at the High Court.
Allocation
Dlamini explained that it was neither the Registrar’s nor a Judge’s duty to expedite the allocation of trial dates for civil or criminal cases.
He said his office needed the utmost co-operation of the police, who should serve notice of trials and subpoenas to suspects and crown witnesses timeously.
“It’s no use to have 10 Judges to speed up cases, if suspects and crown witnesses are not informed about trial dates,” said Dlamini, in an interview yesterday.
“Police officers know the suspects and witnesses because they are the arresting and interviewing agents. We also need seriousness on the part of the parties involved in a particular case.
“We need commitment to have trials concluded. There should be no flimsy excuses for postponement of civil or criminal matters. Also, our support personnel has to be committed.”
Dlamini was, however, not in a position to give the number of pending cases at the High Court.

Artikel in der Times of Swaziland vom 07.08.2003

36 prisoners die this year while incarcerated (36 Häftlinge starben dieses Jahr während ihrer Gefängniszeit)

BY ZANELE DLAMINI

MBABANE - At least 36 prisoners have died while incarcerated since the beginning of the year.
The last prisoner died on Monday at the Zakhele Remand Centre after suffering from a long illness.
Correctional services public relations officer, Noma Nsibandze, said the most affected institutions were the Sidwashini and the Big Bend facilities. Between January 8 and June 22 at least 23 inmates died, and from June to July 17, six more died. Nsibandze said four inmates died within a short period of time from late July to August 4.
“Most of these inmates are arrested in a sickly condition and eventually die while behind bars. Most of them had not served a year, only a few had served for a long time.
“Big Bend and the remand centre have been identified as the main prisons which have recorded a number of deaths,” she said. She did not disclose the number of deaths that occurred last year. She did state, though, that by the look of things the deaths are to increase tremendously. She said this was because more inmates were seriously sick but refused to disclose what they are suffering from.

Artikel in der Times of Swaziland vom 24.08.2003

Rape suspect’s four year hell in prison (4 Jahre Hölle im Gefängnis für einen Verdächtigen)

BY NIMROD MABUZA

VUSWENI - A 22-year old man accused of raping a three-year old child was made to “serve an imprisonment” term of almost four years before the High Court acquitted him in a trial that lasted less than 30 minutes of the two days it had been set for.
This could pass as one of the cases where the criminal suspect had been lucky or maybe for technical reasons, the suspect got acquitted. But it is not. It is a serious indication of the anomalies in handling of cases in the office of the director of public prosecutions (DPP).
Inside sources said this could be a tip of the iceberg as there are many suspects who are illegally kept in custody. Newly appointed DPP, Mumsy Dlamini, it has been revealed, is trying to clear the mess she inherited on her appointment.
Recently, judges at the High Court complained about the incarceration of suspects for longer than necessary. This was after it transpired that there were suspects who have been in custody for more than five years.
Sebe (real name withheld to protect his identity) has added to the list. What makes his case different from the others is that since he was facing no alternative charges to rape, he should have been released a few days upon his arrest.
Mystery
It is still a mystery why Sebe (not real name) had to be kept in custody for such a long time when considering the doctor’s report compiled after the rape-victim was examined. The report indicates that the child was never raped.
Sebe, a herdboy, was arrested on December 19, 1999 for the alleged rape of a three-year old child. The alleged crime was committed at Mbekelweni in the Manzini region. Since rape is a non-bailable offence, he was kept in custody until he was freed by the High Court on August 12, 2003.
He did not have legal representation and during trial, he was on his own. He was acquitted on the strength of the doctor’s report. The police officer that investigated the case died last year. Also, the prosecutor who was initially assigned to handle the matter had resigned from government.
State Prosecutor Phathaphatha Mdluli who was serving an indefinite suspension at the time of the man’s arrest took over the case from Maxine Langwenya who had resigned. Sources said there was no proper hand-over and this was “one of the cases found lying idle.”
Informed sources said Mdluli had to let the court decide on the matter since the harm had already been done. The sources attributed blame to the infighting that prevailed in the DPP’s office after the appointment of Lincoln Ngarua as DPP. A legal source blamed both the police and the DPP’s office. The source - after he was shown a copy of the doctor’s report - said the herdboy should not have been charged in the first place. “What prosecutor would go to court on a serious case such as rape based on evidence not supported by a doctor’s report. The doctor’s report was enough to compel the immediate release of the suspect. The police should have released him immediately receiving the report. “It is a pity that he has no legal representation. He should be suing government for the illegal arrest,” said the source. Sebe was arrested after he confessed raping the child to a soldier who is also a member of the area’s community police. The soldier-cum community police had been asked to investigate after the child had cried when it was being washed. According to the summary of evidence, the child came to her father crying and he handed her over to her mother to investigate why she was crying. The mother indicated that the child complained of pain particularly when she was touched in her private parts. It was pointed out that the child had been seen in the company of Sebe. He was handed over to the community police for interrogation. He allegedly confessed raping the child to the community police. Police were called on the same day the child was allegedly raped and she was taken to a doctor at the Raleigh Fitkin Memorial Hospital. On April 9, last year, Ngarua had applied to the High Court that Sebe’s case be tried at the High Court. He had also indicated that Maxine Langwenya would handle the case.

Artikel in der Times of Swaziland vom 19.09.2003

Suspect threatens to commit suicide in cell (Verdächtiger will Selbstmord in der Zelle begehen)

BY SONNYBOY FAKUDZE

MBABANE - A Mozambican national who is facing six counts of murder has threatened to commit suicide if his issue at the Sidwashini prison is not addressed.
Manuel Joe Sibiya is presently kept in a solitary confinement at the prison after he assaulted another inmate.
Insulted
Sibiya told his attorney Sipho Simelane that the inmate insulted him. Yesterday, Sibiya refused to disembark from the prison van that had brought him and his co-accused, Michael Vincent Khoza to court for trial.
As a result, the deputy director of public prosecutions Nkosinathi Maseko told the court that he has been informed that Sibiya was having problem at the institution.
Sibiya is said to have told the warders that he was going “ to do something today (yesterday).”
Isolation
The Mozambican national on Wednesday told his attorney that besides being kept in isolation, he is also given a wet blanket to sleep with. He stated further that he is also not allowed to wash himself.
Simelane (attorney) appealed to the warders who had accompanied him to the High Court that they must give him the chance to bath himself.
On keeping him in isolation, Simelane said he cannot interfere with the disciplinary procedures of the institution as they have their own regulations.
Sibiya and Khoza were arrested in 2000 after they committed a number of murders around Mankayane with the late most wanted criminal, Bongani Vilakati.
Vilakati was shot dead by the police after he tried to outrun them.
Murder
Most of the murder cases were committed at Dvudvusini. They allegedly killed a Portuguese man, Carlos Yussuf Patel DaSilva and his children Aurelia Alves Periera Martisis and Caldino DaSilva.
They allegedly also killed Bongani’s brother, Mavela, Bhekithemba Magongo and Inner Khumalo. They pleaded not guilty to all the charges.

Artikel im Swazi Observer vom 09.10.2003

Woman claims she was brutalised by police (Frau wird von der Polizei gefoltert)

BY OBSERVER REPORTER

MBABANE - The evil head of police brutality reared its head again when they arrested and allegedly tortured a woman in the presence of her two infant children for three days early last month.
The woman, charged with stealing from her employer, goods amounting close to E2 000, was released without being formally charged for the offence and without appearing before a court of law.
The police are said to have used the suffocation method of torture (inkhomo), struck her with open hands and a rifle butt.
Relating her gruesome story to this newspaper, Phumzile Miya (28) of Mangwaneni township, said on September 6, 2003, two police officers came to her home and arrested her following an alleged break-in at her place of employment. The officers, one Constable Sandile Matse and another with a foreign surname, charged her with stealing clothing material from her employer, a Mrs. Shambokwe, a Zimbabwean national who runs a sewing business in town.
“It was my second month under the employ of Mrs. Shambokwe. I had not received my salary for August, but wanted to show her that I was grateful working for her after being unemployed for a long time. I could not believe when the two officers told me that she had identified me as the culprit,” she said.
Since she had no one to leave her children with, the police had no option but to take little Thobani aged three and 20-month old Landiwe along with her.
After keeping her in custody for the whole day, hell allegedly broke loose on the evening of September 8.
“Matse ordered me out of the cell and led me to a separate room within the police station. This is where the beatings started. He would strike me on the face with an open hand, while the other was watching, holding a plastic bag and the motor car tyre tube.
Infuriated
They demanded that I reveal where I had hidden the stolen goods. I told them I knew nothing about the missing items and this really infuriated Matse, who continued with the beatings.
I had nothing else to say besides what I knew. They later covered my face with a plastic bag and then the tube was brought down covering my face right down to my neck,” Miya related. She was later awoken by the cries of her two children in the cell that night.
The following day in the evening she went through a similar experience, but this time Matse added a rifle, which he allegedly used to strike her on the upper arm with its butt. They did not use the suffocation method on her this time around, but instead drove to her parental home on the outskirts of Ludzidzini Royal Residence.
“They accused me of having taken the stolen goods to my mother’s house at Ludzidzini. When they reached the house they failed to reveal the purpose of their mission and started asking questions about people they knew who belonged to the royal family. When my mother asked me why I had been brought by the police and what had happened to my face I broke down and wept. I could not tell her what happened until the police drove away,” she said.
Miya has a medical certificate from the Mbabane Government Hospital, which clearly states that she was beaten by the police and is receiving treatment for injuries inflicted by police officers in Mbabane on September 8 and 9.
She has appealed to the public for assistance to enable her receive special medical treatment on the upper part of her left arm, which she feels is gradually losing its use. She is also calling on organisations which can help her seek legal redress. The police have not contacted her since the night of September 9.
Efforts to get comment from police proved futile yesterday.

Artikel in der Times of Swaziland vom 01.11.2003

Prisoners present 14 demands to prisons commissioner (Gefangene stellen 14 Forderungen an den Commissioner)

BY ZANELE DLAMINI

MATSHAPA - Prisoners who refuse to take orders from warders are allegedly brutally beaten with chains while stark naked until they bleed all over the body.
Life sentence prisoner Boycey Gama from Siteki said this on behalf of the prisoners. He urged the commissioner of prisons Mnguni Simelane to find other ways of punishing them other than the beatings.
He said beatings, as they have learned from the five days workshop, are contributing to the spread of HIV/AIDS because sometimes more than one prisoner is punished at a time with the same blood stained chain.
revealed
Gama also revealed sick prisoners are not given proper attention. He added that the warders normally ignore the sick because they say they are faking it.
“The sick prisoner will only get help when he is already bed ridden and if it gets worse he will then be taken to the hospital. Sometimes it is too late and the prisoner dies before going to the hospital,” he said.
He added that because prisons are congested, inmates are exposed to diseases such as tuberculosis (TB) and many others.
He said the best way to solve the congested situation, rehabilitated prisoners should be released to do community work until their sentences were over.
He also complained that as prisoners they were not given vegetables.
The commissioner said he was not aware of some of the complaints the prisoners forwarded.
reminded
He reminded prisoners that they are not supposed to be beaten as per the law and the warders are aware of this.
Simelane also told prisoners that the vegetables belong to the prisoners and promised them that from now on they will be provided with them instead of soup everyday.

Artikel in der Times of Swaziland vom 07.01.2004

We want out of jail due to our illness (Lasst uns frei, wir sind krank)

BY SANILE NKAMBULE

MBABANE - Following their long stay at the Sidvwashini remand centre while awaiting trial, a number of inmates now claim that they have developed rheumatism (bone disease) and they want out of the institution.
The inmates have attributed this to the temperature inside their dormitories as they claim that it is too cold inside.
Reported
So serious is the situation that they have since reported their plight to the Mbabane Magistrate Siphosini Dlamini that they want out of the institution and want their cases to be heard as soon as possible.
The inmates now fear that they will die inside the dormitories owing to the different sicknesses that are contracted while in there.
In fact they said that they have seen a number of their colleagues being taken out of the dormitories wrapped with blankets already dead.
One of the suspects said that he has reported a number of times to the welfare officer at the institution about his bone sickness and that the nurses have failed to help him.
Doctor
He said that the only thing that can see him cured is to see his doctor and this he said should be done immediately.
They have however been advised by Dlamini that they should take up the matter with the welfare officer at the institution who would in turn make sure that their grievances are adhered to.
Shortage
Dlamini told them that there is nothing he can do because there is a serious shortage of magistrates, prosecutors, and court interpreters and that they should be patient and wait for their trial dates to be heard. At least 63 inmates died in the country’s correctional institutions with some still awaiting their trials.

Artikel in der Times of Swaziland vom 07.01.2004

Number of prisoners died in jail almost doubled (Zahl der Gefangenen, die im Gefängnis gestorben sind, verdoppelt.)

BY ZANELE DLAMINI

MBABANE - The number of prisoners who died in the country’s prisons last year stood at 64 which indicates almost a double increase when compared to the previous year’s 36.
The increase has been attributed to the effects of the deadly HIV/AIDS.
The Correctional Services Public Relations Officer Noma Sibandze confirmed this yesterday.
She said out of the 64 prisoners who died only one was a female and the rest were males from different institutions.
Awaiting
Out of the 36 prisoners who died in 2002, 13 were still awaiting trial and in last year’s number 35 were awaiting trial.
“Some of them died of tuberculosis, pneumonia while others died of different illnesses,” she said.
Correctional Services is in a process of establishing a Voluntary Counselling and Testing Centre (VCT).
It was also reported that prisoners will be tested for HIV/AIDS and if they test positive they will be provided with antiretroviral drugs.

Artikel in der Times of Swaziland vom 18.01.2004

PUDEMO lambasts govt because of excessive spending (Pudemo verurteilt Regierung wegen Verschwendung)

BY PHINDA SIHLONGONYANE

MBABANE - The People's United Democratic Movement (PUDEMO) has lambasted government over the purported construction of palaces for the king's wives, estimated to be worth E100 million when combined with rehabilitating the existing ones.
This newspaper last week carried an article about the King's office having made a proposal to the Public Budgeting Committee (PBC) for funding of the project.
Even though the funding has not yet been approved the organisation has responded, with President Mario Masuku calling it insensitive spending, only worthy of anger.
"We are angered and embarrassed by the wanton, senseless and limitless expenditure by the monarchist tinkhundla government of Swaziland. It is typical of an autocratic regime lacking the democratic fundamentals of inclusivity and grass-root participation," reads the statement.
The PUDEMO office stated that the country's authorities never run out of political surprises as it has been involved in extravagant spending.
Among these are the E1 million travelling expenses paid for Princess Skhanyiso, about E100 million spent on the Smart Partnership Dialogue, over E3 million for the King's trip to Japan, over E2 million expenditure on the King and Queen mother's birthday, E8 million purchase of the marquee used during the Smart Partnership Dialogue, purchasing of cars and building of houses for the late King Sobhuza's wives and the E28 million deposit on the now-dropped King's jet.
"The authorities are presently constructing a new ministry for defence and an advanced army barracks. They are also constructing a multi-million state-of-the-art clinic for the royalty and its guests near one of the palaces," continued PUDEMO.
Masuku further states that the above waste continues against the backdrop of a country whose unemployment rate is above the 40% mark, whose majority population (68%) live below the poverty datum and whose HIV & AIDS prevalence is knocking on the 40% mark.
"This financial injustice is committed while the elderly and disabled do not have a social welfare policy in place, where the basic health care facility is beyond the poor people's reach and where human and equipment resources in these health centres are wanting or non-existent (you hardly get a pain killer tablet at government hospitals)," reads the statement.
PUDEMO further in the statement concludes that the institution of the monarchy, besides being undemocratic, is extremely extravagant, has no effective control measures and is a drain to the taxpayer as it stands today.
"No system or government can be credible, accountable and deliver to the electorate unless it is created based on the constituent mandate of the electorate from a free political climate void of intimidation and hostility through the people's free will in a constitutional multiparty democracy," continues the statement.

Artikel in der Times of Swaziland vom 08.03.2004

13 Prisoners dead in two month (13 Gefängnisinsassen gestorben in zwei Monaten)

BY PHIWOKWAKHE NGIDI

MBABANE - In just two months (January and February) 13 prisoners have died. We still have 10 more months to go before the end of the year.
In 2002 only 28 prisoners died whilst incarcerated and in 2003 the number slightly increased by six people to 34.
The shocking statistics were revealed by the desk officer operations and management, Sergeant Buyile Vilakati.
Sgt Vilakati said they suspected that these people are dying because of the long periods they spend whilst awaiting their trial dates.
She said this results in congestion in the country’s prison facilities which makes the inmates amenable to diseases.
She stated though, that this is not a professional medical opinion, but it is arrived at in view of the fact that once people are overcrowded, the living conditions become terrible and unhygienic.
“What can be noted, however, is that most of the inmates who die are those who are still awaiting trial,” Sgt Vilakati explained.
“Something must be done to make the wheels of justice grind faster because a lot of people die before they are brought to trial.
“You find that someone spends four years awaiting trial and in the process contracts various diseases before the case is tried.
“By the time he is hauled before court he is either very sickly or when his turn comes up he is already dead,” she said.
Judges at the High Court have also noted that some inmates spend half their sentences awaiting trial.
They implored the directorate of public prosecutions to do something to speed up the hearing of trials both at the Magistrates’ Courts and High Court.
Another factor that must be leading to the overcrowding at prisons is that government has adamantly refused that suspects charged with previously non-bailable offences be released on bail even if the courts have granted them.
There is also the issue of the absence of the Court of Appeal whereby some people might have been acquitted on appeal or had their sentences reduced then coming out of prison earlier and easing the congestion.

Artikel in der Times of Swaziland vom 09.03.2004

To get justice back on wheels (Bringt die Justiz wieder auf die Beine)

BY NIMROD MABUZA

The government, it is presumed, is concerned about the backlog of cases pending in the country’s courts.
It is also presumed that the Law Society of Swaziland is equally concerned about the so many cases that have not been finalised in court, with some cases dating back to four or six years ago.
The seriousness of the cases, criminal and civil, piling up in the courts is best illustrated in the case of a man barely in his 20s who spent four years in jail awaiting trial only to be acquitted and discharged on the first day of trial. He was charged with rape and it transpired that the doctor who examined the alleged rape victim, a child, had not confirmed penetration.
This was one of many criminal cases where the suspect had been made to serve time in jail as he awaits trial. Currently, the number of suspects awaiting trial in the country’s prisons could be more than that of convicted criminals.
On the civil cases, in August last year, Manzini based lawyer Bheki Maphalala wrote to the Registrar of the High Court complaining about the delay in having over 100 of his cases included in the court’s roll and it transpired that some of these cases date back to 1996.
The merits and de-merits of Maphalala’s complaint are not an issue; what is an issue is the delay in having the cases brought for hearing. In the period, so many things could have happened to influence the outcome of a case. These include death of the key witnesses as many prosecutors have been confronted with a situation where a suspect had to be set free because key witnesses have died.
It is often said that justice delayed is justice denied. How true this can be in the country’s situation where criminal suspects and victims of crime have waited for justice to prevail for so long? What better way to deny anybody justice than to delay the process of ensuring that justice is done?
Is it therefore surprising that lawlessness is steadily spreading its wings in the country? A number of people suspected of being involved in crime have died in the hands of community mobs. There could be a few factors leading to mob justice and the lack of confidence in the administration of justice could be one of them.
For an individual who was in court only last week to present evidence in a criminal case, and return home satisfied that justice had been done, it must be frustrating to see the suspect back at home the following week. That the sentence had been backdated to the time of arrest does not feature in the mind of the crime victim and community. A speedy trial and a long time in jail could have helped avoid some deaths.
Also, keeping suspects in jail without trial could be a de-motivating factor for the police who spend sleepless nights tracking criminal suspects. A police detective presumably measures his success not by the number of arrests but by the number of convictions.
How it should have been pleasing and motivating for the likes of Detective Khethokwakhe Ndlangamandla and others to get praised by judges of the High Court for a job well done in collecting and presenting evidence that stood in court?
The next question is; is it a mission impossible to clear the backlog of cases? What makes it impossible? The administration of justice is not a one man’s show. To be adequately and effectively addressed, it needs a collective effort.
It may be true that the Ministry of Justice led by Prince David is working hard to address the matter despite the serious setback at the Industrial Court where the only judge could not preside over cases because of flaws in the manner his contract had been extended.
But are the ministry’s efforts enough? Can Prince David alone or with his officials effectively address the problem? The ministry could increase the number of posts for magistrates, judges and prosecutors; but would that on its own clear the backlog? Everyday, crime is committed in this country and everyday police arrest suspects.
Everyday, aggrieved individuals, through lawyers, file fresh cases in the courts. The increase in numbers of judicial officers would only help deal with fresh cases. The backlog would still be there.
In the year 2002, the Eastern Cape (South Africa) had a similar problem. There was a backlog of about 400 appeal cases that needed to be cleared. The courts could not cope. Ten senior counsels (advocates) offered their services free of charge. The necessary paper work was processed and the acting judges were duly sworn in.
In no time, the backlog was cleared. Is this a feat too much for Swaziland to achieve? Is it too much for the Law Society to encourage its members to offer their services to government freely?
If it’s not, how about a few lawyers dedicating a few days per month to clear the backlog without expecting a cent from government?
As for the Swazi lawyers,whom most of them were educated through public funds, this could be a way to offer anything back to the public as gesture of appreciation.
The experience acquired through this form of national service is immeasurable, as some counsels in the Eastern Cape observed. It does not need Prince David or anybody to approach the Law Society. The society should make the first move to offer the services of its members and forget the past although it hurts.The activities or attitude of past Cabinet ministers
towards the Law Society should not be used to measure Prince David and the current Cabinet. That a previous Cabinet minister had un-procedurally rejected ex-president of the Law Society Paul Shilubane when he was roped in to help clear the backlog should be buried but not forgotten.

Artikel im Swazi Observer vom 14.03.2004

An enemy of the state! (Ein Staatsfeind)

BY MUZI YENDE

Former Swazi referee and criminal suspect Peter Lauer has set up a website where he insults this country’s leaders and relates misleading information about Swaziland.
This may shed some light on a growing concern regarding numerous unpalatable messages posted on the internet by unknown individuals who seem to have a score to settle with this country.
The wheel chair confined Lauer left Swaziland three years ago after he was acquitted of charges of illegal possession of counterfeit notes.
Only one thing sets Lauer part from previous cases of defamation against Swaziland and it is that he does not attempt to hide his identity.
Lauer’s actions will come as a surprise to many as he claimed to love the country during his stay here until he was implicated in criminal activities.
Lauer, a German national, who now resides in Natal, South Africa, has stated categorically that he will continue to tarnish the image of the country through the internet because of his experiences whilst he was in the country.
He portrays the government of Swaziland, especially the police, as the worst violators of human rights and calls for the international community to take action.
Lauer was very popular among Swazis who affectionately called him 'Celemasiko', a name that suggested that he loved Swazi culture.
The front page of his website gives a detailed report on the conditions of the country’s prison.
The former referee now claims to have received death threats from some Swazis who have seen his website and now want to silence him. He says; “I received phone calls from an unknown male person with a strong African pronounciation, but in a clear and good English who was threatening to kill me if I don’t stop to tarnish the reputation of the king of Swaziland, Swaziland and the Swazi government.”
He says this person called for him to immediately remove all the contents of his home page which implicate Swaziland with any human right violation and press articles about the prison conditions.
In a statement he issued yesterday, as part of his mission to tarnish the image of the country, he said he has nothing to fear and death was no longer a threat to him.
Contacted on the issue, police Public Relations Officer Vusi Masuku said they would have difficulty as police to comment on this issue and directed this newspaper to source comments from the Foreign Affairs ministry.
However, Minister Mabili Dlamini could not be reached.
Lauer arrived in the country in 1995 and took up refereeing, where he won a FIFA badge.
However, the issue of his badge raised a lot of controversy as other referees claimed Lauer was getting favours from those in power. It was claimed, at the time, that he failed fitness tests, which are crucial in one getting a FIFA badge.
During this period, he was elected as chairman of the National Referees Association of Swaziland (NRAS). He was a close friends with former director of refereeing Zwelonke ‘Sport’ Dlamini.
He was arrested together with Eric Shabangu and Selby Dlamini, a former Premier League of Swaziland (PLS) employee, who later escaped and remains a fugitive.
They were charged with possession of counterfeit notes.
Shabangu passed away, while Lauer suffered a stroke while in prison. After the stroke Lauer was confined to a wheel chair.
His wife is also disabled and uses a wheel chair.

Artikel im Swazi Observer vom 16.03.2004

Mozambican dies in custoy (Mozambikaner stirbt in Untersuchungshaft)

BY SABELO MAMBA

A murder charge had to be withdrawn yesterday at the High Court following the death of the accused person, Samson Alson Sambo of Mozambique.
Senior Crown Counsel Phila Dlamini told Judge Josiah Matsebula that he was unable to proceed with the criminal matter since Sambo had passed away. Sambo died in custody a couple of weeks ago while awaiting his criminal trial. He was alleged to have killed Augustine Makama on the 5th August, 2001 near Madikizela area in the Manzini region.
According to a summary of evidence, on the 5th August, 2001 Sambo arrived in the homestead of a certain Dvuba where he found the deceased in the company of other people. Sambo asked Makama to pay him his money for eggs and the latter’s reply was that he did not have it.
Sambo reportedly became angry, produced a knife and stabbed Makama and he died instantly.
Sambo handed himself to the community police, who took him to nearby Bhunya Police Station.
On the 6th August, 2001, Sambo appeared before the then Manzini Magistrate Charles Masango to whom he recorded a statement.
The prison authorities are expected to produce an autopsy report regarding Sambo’s death.

Artikel in der Times of Swaziland vom 21.03.2004

E 20.000 for being born blue-blooded (20.000 für jeden blaublütig geborenen)

BY SUNDAY REPORTER

LOBAMBA - The royal household seems to know how to take care of its own. It has been revealed that princes and princesses will soon receive E20 000 per annum sourced from a royal institution. Palace insiders say by virtue of their status, royal family members are expected to start receiving a free financial package between April and May and, it is said this may cost about E2 million since the royal household has many members.
The royal insiders have also revealed that this arrangement is not entirely new, in fact, it began a few years ago but only catered for the unemployed King Sobhuza II’s children.
The exclusion of the rest of the other working royal members was deemed to be unfair – it brought about tension in the family. Consequently, the extension of this payroll was deemed to be the solution to this matter – everybody has to have a slice of the cake. Further, the insiders revealed that this new payment arrangement would not cater for phoney princes and princesses; only genuine royal family members would be salaried. These are the direct or biological sons and daughters of Sobhuza II.
Payment
A list of these was long arranged and handed over to the king and it is said that the payment will be based on that list. Meanwhile, there have been some complaints coming from certain royal siblings that this money is rather too meagre to sustain them for the whole year. But what also came to light is that some of these complainants are the very same ones who in the past ditched their jobs to qualify for the royal salary programme.
“I only pay my bills with this money, it is no longer that helpful to us as it has become too little,” said one princess who refused to be named. According to a list availed to this newspaper, there are 100 princes and princes who are entitled to this grant.
With some of these royal children already dead, it could not be ascertained as to who shall be the beneficiaries of their grant.
Some of the dead princes are Prince Phiwokwakhe, Ndabenhle, Phiwokwakhe and others
In the list there are 40 princes and 60 princesses and there are a host of big names who have all along been known as having the king’s blood yet it has been revealed that they do not belong there. When asked about the exclusion of the above from the royal list, a source told this newspaper that the above were never the late King Sobhuza II children. The source explained that some of these were children of princes or princesses of other kings or his brothers. This little provision was enough to leave the above in the cold due to that small technicality. According to the source these are not entitled to receive any money from the king and they can only do so by favour or the grace of His Majesty the King. This is said to have come down hard to these hopefuls who complained bitterly about this systematic exclusion. Princess Dlalisile is on record saying, “That money is too small for us, it cannot even cover my yearly bills.” She refused to commit herself on the matter

Artikel in der Times of Swaziland vom 27.03.2004

Princes, Princesses MUST NOT read this (Prinzen und Prinzessinnen sollten DIES NICHT lesen)

BY THULANI THWALA

The budget has been delivered and I am afraid to say that it paints a very grim picture for the future of this country.
What with the ministry of education getting far more than the ministry of health. Like it or not, we are all going to die. Anyway I will come back to that later.
It is very nice to have royal blood running through your veins. Some call it blue blood, I don’t know why because when these people bleed it is plain red blood that oozes out. I am even tempted to say it is a curse to be born by the common folk.
It is a crime to be poor.
It is a sin to be an ordinary Swazi. Have blue blood running through your veins and you are assured that you are headed for the United States of America for your tertiary education.
You are assured that you will get all the benefits from Tibiyo Taka Ngwane, a royal institution held in trust for the Swazi nation yet very few ordinary Swazis, I am talking about you and me, ever get anything out of this cash cow. All we get are primary and high school sponsorships and we do not even know the criteria used to select the beneficiaries.
When you get to the States, (as prince or princess) it is up to you what you do. Whether you go to class or gallivant around enjoying the allowances splashed out by the royal institution. It’s your choice. It is up to you to decide to go try to defraud shops of laptops claiming you are a Khanya yet you are a blue-bloodied Dlamini. That is entirely up to you. Get arrested and the embassy will be there to bail you out.
The sons and daughters of former statesman King Sobhuza II, otherwise known as princes and princess we have been told, will get E20 000 a year for doing nothing but just having blue blood run through their veins.
How nice it is to be a prince and princess. Getting paid and striking it big, whether employed or not. We have princes who are ministers, we have princes who are chief executive officers, we have princes who are regional administrators. It must be clear I am not picking on the three but to me they are among princes holding high positions.
We have princes who are in gainful employment but all of them are going to get the E20 000 for just being born princes and princesses.
I thought it was all a joke when I heard that story but when a week passed without anyone denying or challenging the authenticity of the story I knew that this was true. Just imagine when a dead prince or princess is said to be entitled to E20 000 a year. Soon we shall have their children fighting over the money.
It can only happen in Swaziland, some will say. Just imagine how many jobless people we have in the country who do not know where their next meal will come from. Then imagine a pompous Princess Dlalisile saying that the money is just too little it cannot even cover her bills. The princess rightly made an example of the United Kingdom saying that royal children there get such payments.
What she forgot is that you cannot compare the economy of Swaziland with that of the United Kingdom. You cannot compare the drought situation in the country with that in the United Kingdom, if there is any. You can not compare the unemployment rate in the country with that in the United Kingdom. You cannot compare the effects of HIV/AIDS in Swaziland with the effects of the scourge in the United Kingdom. Don’t compare the incomparable princess, please.
Now, there is something that strikes me as funny but it is not funny at all. When the royal children started getting the E20 000 ‘golden handshake’ a year, the minister of Finance Majozi Sithole, the one who was elected by the people of Mafutseni despite that there were negative reports about him, delivered a budget speech where he stated that income of E20 000 a year or below will not be taxed. One wonders whether this was by design or coincidence. I personally do not believe in coincidences. So you, dear reader, be the judge.
When he was alive, King Sobhuza II would never dream (forget about thinking) that his wives would drive BMWs. King Sobhuza II, a man who wanted unity in his family, always made sure that his wives board the same Coaster bus when attending royal functions. What is happening now? BMWs have been bought for his wives and some prince and princess say such expensive cars are not fit for their mothers. Plush houses costing E350 000 each have been and some are still being constructed for his wives. Some royal ninny decides to say they are too cheap.
How many of the poverty stricken people in the Lowveld boast of owning a house costing E10 000? Only E10 000 and then someone says a E350 000 house is not fit for a former king’s wife. I am talking about Princess Dlalisile and Prince Phuzigazi. What will ever be fit for royalty in Dlalisile’s eyes?
We have orphans and vulnerable children in the country who do not know where they will get their next meal. Then, on the other side we have ungrateful snobs who do not know how to do anything but criticise everything that is done for them. How unappreciative?
Back to the budget. HIV/AIDS has been declared a national disaster. The budget speech delivered by Sithole does not even start to try and reflect that this is a national disaster. In terms of the budget HIV/AIDS is just one of those things. How can we have only E20 million given to the National Emergency Response Committee on HIV/AIDS (NERCHA). People are dying in increasing numbers out there but the money has been stagnant for three years running. Instead of healing people we are pumping money to the ministry of education.
What are government’s priorities? Does government want to send sick people to school? What should they go to school for if they are soon going to die? What was in the Planning and Budget Committee’s minds when they decided that the ministry of education should get a hefty E759 million whilst the ministry of health, which has our lives in its hands (although nurses sometimes abandon us) is given a paltry E334 million.
This sum is expected to cater for the referrals to South Africa for specialist treatment, it is expected to supply all the government health institutions with drugs and equipment. It is expected to pay all the nurses, doctors and other health personnel. It is also expected to cater for the elderly in paying them the little pittances they get. To copy from Masitsela Mhlanga, this is a joke.
We all know that a bulk of the allocation for the ministry of education does not go to the schools but goes straight to the University of Swaziland. Everyone, unless you are fresh from outer space, knows that sex is the order of the day at the varsity. Now are we saying these people should go and learn how to have sex and die because we do not want to pump money into health?
How I wish I was part of the Planning and Budget Committee. I would drum some sense into my colleagues heads. The bottom line is, we have our priorities all wrong. So I am gone.

Artikel in der Times of Swaziland vom 27.03.2004

Govt buys 10 new BMWs worth E5 million for king (Regierung kauft 10 BMW für den König, Wert: 5 Millionen)

BY LUCKY TSABEDZE

MBABANE - The Swazi government has bought the king 10 brand new BMWs worth E5 million.Each of the vehicles is valued at E500 000. The latest acquisitions have already been incorporated into the King’s fleet of escorts.
The sleek 5-series BMW vehicles were first in the public eye during the official opening of parliament almost two weeks ago.
Notably, during the opening of parliament the security guard staff in the Close Protection Unit (commonly referred to as CPU) created a fuss about the vehicles so much that members of the public, and the press were all ordered not to deliberately or unintentionally come in contact with the BMWs.
Scene
The officers almost created a scene on the same day during performances by local gospel groups in the afternoon during the opening of parliament.
The E500 000 price is subject to increment due to additional extras, which come, as optional extras to the buyer. The buyer might order extras to be fixed on the vehicle to maximise luxury on the German-made vehicle, as he or she desires.
The BMWs (Bayerische Motoren Werke) have already been painted in navy blue colours, which is royalty’s trademark colour. The exact date on which the vehicles arrived or when and where they were bought remains unknown.
Information gathered by the Swazi News was to the effect that the fleet replaces the King’s old fleet of escorts, which were also 5-series BMW’s.
The Principal Secretary in the Ministry of public works and transport Evart Madlopha confirmed the purchase of the fleet.
Many high-ranking officials that were reached for comment said they were not aware – with some being tight-lipped on the subject.
Some of those that were contacted was the King’s chauffeur Jabhane Dlamini, King’s mercenary Tulujane Sikhondze, the chairman of the board of trustees and minister of finance Majozi Sithole and the Prime Minister Themba Dlamini.
Replacement
Madlopha said the BMW’s replace the King’s previous 5-series escorts. “There are ten new BMW 5-series that have been purchased. They will be part of the escorts, I am only aware of those,” said Madlopha.
The fleet can be found in the following five types: the 520i, 525i, 530i, 530d and 545i.
One highlight of the luxury vehicle are the headlights which (according to the official BMW website) ‘The optional Adaptive Headlights pivot as the vehicle enters a curve, directing light to exactly where it’s needed: the road ahead.

Artikel in der Times of Swaziland vom 29.03.2004

80 criminal suspects die in five years (80 Untersuchungshäftlinge starben in den letzten 5 Jahren)

BY SONNYBOY FAKUDZE

MBABANE - Judges of the High Court might find themselves with very few criminal cases to preside over as most of the sus-pects committed to the High Court die before their cases go on trial.
About 80 suspects have died while awaiting trail between 1998 and March 15, 2004.The cause of their deaths varies from each individual.
The office of the Director of Public Prosecutions (DPP) has also been blamed for not speeding up the trial dates of the suspects awaiting trial, as some spend about five years in custody before their trial resumes in the High Court.
The acting Judge of the High Court, Justice Alex Shabangu, expressed his concern about the deaths of the suspects while awaiting trial.Justice Shabangu said that they now have free days because the suspects who were allocated these dates have since died.
Dead
“Most of the accused people are dead, so we have open dates from now on,” said Justice Shabangu when postponing a civil case involving government.
The acting Registrar of the High Court, Shiyumhlaba Dlamini, confirmed that most of the suspects who were allocated trial dates on the High Court Roll have died.
“I personally went to the Correctional Services on March 15, 2004 to find out what the problem was and noted that, as the judge said, quite a number of suspects have died. We do not know what the problem is,” he said.
Efforts to get a comment from the acting Director of Public Prosecutions (DPP), Mumsy Dlamini, proved futile at the time of compiling the report.

Artikel in der Times of Swaziland vom 01.04.2004

Old murder suspect too sick to walk, do anything (alter Mordverdächtiger zu krank zum Laufen. Kann nichts selber machen)

BY ARTHUR MORDAUNT AND SONNYBOY FAKUDZE

MBABANE - People who had come to follow proceedings at the High Court on Tuesday watched in sympathy as an elderly sickly murder suspect (80) was carried into the courtroom by fellow inmates as he could not walk on his own.
Joseph Mgungu Qwabe of Mbhuleni is so sick that he cannot walk on his own or do anything for himself anymore.
A warder who had accompanied him to his murder trial told High Court judge, Justice Thomas Masuku that even in prison, Qwabe has become a liability, as he is now the responsibility of other inmates at Sidvwashini Remand Centre where he is being kept.
“Your Lordship, as you can see for yourself, that man is very sick. There is nothing that he can do on his own. He cannot even stand let alone walk. Other prisoners have to carry him everywhere even to the bathroom. I cannot state though if he has a special illness or this is due to his advanced age but he is receiving treatment for whatever it is that is ailing him,” said the warder.
The suspect is even said to have difficulty speaking.
Justice Masuku had expressed his concern about the suspect’s health and wondered if it is humane to even bring him for trial. He wondered about the wisdom of keeping such an elderly man as the accused in custody at such an advanced age and at the frail state that he is currently in.
“I am wondering if it would not be proper if the suspect was kept at home because I doubt if he could even escape at his current state. What is the use of keeping such an old and sickly man in jail anyway?” asked the judge.
Masuku made an example of a tour he took around the prison in 1999 where he observed a similar scenario.
His lawyer, Sipho Simelane also expressed concern about his client’s state.
Prosecutor, Nkosinathi Maseko then made an application before court that the matter be postponed to yesterday so that he could confer with his superior, the acting Director of Public Prosecutions on what steps should be taken about Qwabe’s matter.
The accused is charged with murder in that he allegedly killed one Solomon Mhlanga at Mbhuleni outside Matsapha.
The crime is said to have occurred on October 18, 2002.
The matter was then postponed to today. He is alleged to have shot him.
Yesterday, the acting Deputy Director of Public Prosecutions Nkosinathi Maseko told High Court Judge, Justice Thomas Masuku that he together with the old man’s attorney, Sipho Simelane went to the Sidwashini Correctional Services to inquire about Qwabe’s health.
Maseko said the officers there told them that the accused is a very sickly man and a burden to them. He said he also called the commissioner of correctional services who reiterated what the officers had told them.
“I have been instructed that I move an application for postponement of the matter until Qwabe recovers. I ask that he be kept in custody,” said Maseko.
Reasonable
“Is that being reasonable?” asked Justice Masuku.
“This man is almost 80 years. He is sickly. His bowels are not functioning. Why is he not released? Is he going to abscond? I don’t understand why the man is not released,” said the judge.
Justice Masuku said the man can be released because presently there is no non-bailable offence as far as he knows.
“Has the DPP seen the accused?” asked the judge.
“No. I don’t think so,” replied Maseko.
Defence counsel Simelane did not object to the postponement. He stated that they will make an application for bail.
In light of the accused’s condition, the court ordered that in the interim he must be taken to the hospital for treatment.

Artikel im Swazi Observer vom 05.04.2004

Suicide in police cells (Selbstmord in Polizeizelle)

BY ACKEL ZWANE

A woman died inside Manzini Police Station on Friday night and police claim she took her own life.
However, her family suspects that she may have been molested before she met her death, saying the version given by the police was incredible.
Police Public Relations Officer Superintendent Vusie Masuku vehemently denied the allegations of molestation, adding that a thorough investigation has been instituted into the matter.
The family called for an inquest into the death.
Mandi Hlophe was dragged to the station by a vicious mob after she allegedly tried to pickpocket a cigarette vendor at the busy Manzini bus rank.
It was gathered that she was hauled before the desk officer at the police station and was immediately arrested and thrown into the cells.
It is still not clear whether she was alone in the cell when she died.
The family claims that police officers, including the station commander, came to report that the girl hanged herself with side linings of the police blankets.
The police said she used the linings of the blanket to suspend herself from a fan that is attached to the wall.
Angeline Hlophe, the girl’s grandmother, led the Hophe delegation and demanded to inspect the cell.
Whilst there, they refused to buy the story that the girl had hanged herself, suspended from the air conditioner.
They questioned how the air conditioner could have sustained her weight.
The wall conditioner, is powered through wires and there is no visible strong pillar to support it.
The Hlophe family rushed to the Dup’s Funeral Undertakers to inspect the body.
It was then that their suspicion was fuelled.
They claimed that her trousers were unzipped and that there was no shred of evidence that there may have been a rope tied around her neck. It is normal procedure that those attending to him or her loosen tight material around the body hoping to resuscitate the individual.
Any other allegations are unfounded and fictitious.
A relative, Siphiwe Hlophe said she personally turned the body over and over again to make sure that the police claims were justified.
There was not a single scratch on the body, she said.
It was then that they suspected that she may have been molested prior to her death.
The death of Mandi came at a time when the family was nursing wounds of the death of another family member.
Angeline said her granddaughter told her that she went to town to organise relish because the family was hard-up on the day.
“Upon our return from the funeral on Saturday morning we were told that Mandi had not returned. Just when we were wondering about her whereabouts, a neighbour came weeping uncontrollably, saying that she had received a call from the police that Mandi was at Dup’s Funeral Undertakers,” said Angeline.
It was then that they called family members to decide on what was to be the way forward.
Just as they were organising themselves to move on, the police chiefs arrived to confirm Mandi’s death.
Meanwhile, Superintendent Masuku said Mandi hanged herself against an air-conditioning machine attached to the inside of the cell.
He denied that the girl hanged herself from a ceiling.
“She used straps from her blanket to hang herself. The air-conditioner is attached to the wall. We as the police force are not aware of any prior police misconduct,” said Masuku.
Masuku added that a forensic report shall clear the air.
Asked on how the police allow suspects to enter with material that may lead into taking their own lives, Masuku said suspects are not allowed into cells with such gadgets as belts, neckties, trousers or anything that may help them to end their lives or to injure themselves.
Meanwhile the family has been invited to a post mortem at the Raleigh Fitkin Memorial Hospital, to be conducted on Thursday.
Masuku’s standpoint is that when the girl arrived at the station she was received by female police officers who made sure that her rights as a female were respected.
“What happened later on was suicide,” he said.

Artikel in der Times of Swaziland vom 16.04.2004

Man kept in jail illegally for eight years (Mann 8 Jahre illegal im Gefängnis festgehalten)

BY QUONDILE SHONGWE

The Mbabane Magistrate’s court was yesterday filled with drama when a man told how he was kept in jail for eight years without being sentenced, just because of a minor misunderstanding with the trial magistrate of the time.
It was only last Tuesday that the accused was ‘rescued’ by his cousin, Charles Dladla, who decided enough was enough and reported the matter to Prosecutor Mbuso Dlamini.
Magistrate Siphosini Dlamini heard the matter and could not hide the fact that he was angered by the way the accused had been treated.
Xolile Ben Dladla related before the court how he was accused of stealing a car radio in 1989 and was tried at the National Court where he pleaded not guilty to the charge.
He explained that in 1994, he was charged with house breaking and was found guilty of stealing property valued at E1350.
“Then I stood for trial at the magistrate’ court and pleaded guilty to the all charges laid against me but things then took a change when the magistrate (name withheld), who by then was a junior officer brought up the national court issue and asked why I had not pleaded guilty to the charge”, he explained.
Dladla stated that he notified him that he did not know that charge, but instead was told that he was full of himself.
He said the magistrate told him that for that reason, he should go and rest in the cells for a while, so as to clear his mind before his sentence was handed over to him. “I stayed there for quite sometime and finally decided to approach the Officer in Charge at the remand centre and he advised me to write a letter to the DPP’s office, but I never got a response.” He said.
Dladla added that he then gave up because it was clear that he was going to ‘rot’ in jail as no one was willing to help him.
Magistrate Siphosini Dlamini stated that such was uncalled for and that this was nothing less that a criminal offence and the DPP’s office was liable for the blame. He then liberated the accused in his own recognisance, further stating that eight years was too much even for his sentence.
Dladla’s cousin notified the court that he was more than willing to take him home and promised to bring the accused to court when summoned.
This was after Dlamini speculated if Dladla would be able to trace his relatives because it was possible that they could have moved to another place.
Dladla could not contain his emotions as he walked out of the dock a very happy man.

Artikel in der Times of Swaziland vom 20.04.2004

Man sues police for brutal assault (Mann verklagt die Polizei wegen brutaler Übergriffe)

BY PHIWOKWAKHE NGIDI

MBABANE - A man who broke his jaw three times during a brutal assault by Lubulini police officers has since taken up the matter with his lawyers.
Sibusiso Lushaba wants to sue for compensation for damages he suffered during the assault.
He claims that the police wrongly accused him of stock theft, simply because he was friendly with a man who had been charged for receiving stolen cattle.
He said on March 4, 2004 he was called by Detective Constable Bheka Mabuza whilst at the Lubulini Post Office.
Lushaba said that Mabuza asked him to come to the police station so that he could ask him a few questions, and when they got there he found Sergeant Hadebe who asked him about stolen cattle. When he replied that he did not know of such, he was told that he would speak the truth and called him by his mother’s private parts.
Lushaba said that Hadebe grabbed him by his t-shirt and tore it, and when he asked what was happening Mabuza tried to handcuff him.
Beating
According to Lushaba, a struggle ensued and the police officers beat him. He said that when he questioned the beating he was told that it was because he was insolent and thought they (police) were joking.
He said another officer, known to him only as Sicelo, came into the CID office and just as he thought he was about to be saved, Sicelo hit him without even asking what was going on.
He tried to fight back but the three officers were just too much for him.
Lushaba said Bheka then forcefully threw him on the floor and continued to kick him several times on the face.
He said when he fell that was when he hit the floor with his chin and broke his jaw in three places.
“The police did not care when I told them I was injured,” Lushaba said.
“They just ordered me to admit that I knew about the stolen cattle and when I said I did not, they landed heavy blows on my face.
“They also kicked me all over the body whilst I was lying down,” he said.
Lushaba said after the ordeal he was given a 20 litre bucket full of water and told to wash himself because he was dirtying the police station.
He said that he did wash himself, but when he had finished and thought that he was going to be set free he was bungled into a cell.
Released
Lushaba said that when he got to the cell he was told that he would only be released after he agreed to be a witness in a stock theft case against Sifiso.
He said he refused to do that because he did not know anything about stolen cattle and he was kept in the cell for the whole weekend and was only taken to hospital on Sunday afternoon.
All the officers involved in the skirmish refused to comment on the matter.

Artikel in dem Parade Magazin vom 22.02.2004

The world's 10 worth dictators (partly) (Die 10 schlimmsten Diktatoren der Welt)

BY DAVIS WALLENCHINSKY

10. King Mswati III, Swaziland.
Age 35. In power since 1986.
Last year’s rank: Not listed.

Swaziland is the last remaining absolute monarchy in Africa. Mswati became king when he turned 18, four years after his father’s death. Though educated in England, Mswati has shown a liking for certain Swazi traditions. In Sept. 2002, he watched thousands of girls and young women dance bare-breasted in the annual Reed Dance, then chose one to be his 10th wife. (His father had 100 wives.) The girl’s mother filed a lawsuit charging the king with abducting her daughter. Mswati announced that Swazi courts were forbidden to issue rulings that limited the king’s power. To appease world opinion, he approved a new constitution to replace the one his father suspended 30 years earlier. However, the new constitution bans political parties, allows the death penalty for any criminal offense and provides for debtors’ prisons.

Lesen sie den ganzen Artikel

Artikel in der Times of Swaziland vom 08.05.2004

King listed als dictator No. 10 (König ist Nr. 10 in der Dictator Liste)

BY THULANI TWALA

MBABANE- Senior prince and Manzini Regional Administrator Prince Masitsela has come out to defend His Majesty King Mswati III from a publication that he is among the 10 worst dictators in the world by a popular American Magazine.According to him, he is not.
The king has been listed as the world’s N0 10 dictator in the world by one of leading American Magazines. Shockingly, government has done nothing about such damaging reports about the king since February.
It took Prince Masitsela to describe such reports as rubbish, nonsense, etc.
“That’s nonsense, I repeat, that’s nonsense,” said the annoyed prince eloquently.
“King Mswati III is no dictator, those who wrote that article portraying the Ingwenyama a dictator are way off line,” added Prince Masitsela.
He was responding to questions from a strong team of political journalists from nine Southern African Development Community (SADC) states who were attending a political reporting course at the Castle Hotel.
The two-week workshop was organised by NSJ Southern African Media Trust
Former senator and businessman Walter Bennett who had been invited as a guest lecturer on governance in Swaziland arranged that the Prince assist the foreign journalists on a number of issues pertaining to Swaziland in particular culture etc.
His (Prince) mission was clearly to entertain questions from the journalists on a wide range of issues pertaining to the country. Bennett felt the prince was well qualified to assist the scribes to erase the gloomy picture painted about the country internationally.
One of the journalists, Fidelis Zvomuya from Zimbabwe referred Prince Masitsela to a February 22 edition of the Parade that parades the king with other nine other leaders of the world with the headline, “Who would you say is the world’s worst dictator”. The article is under the name of David Wallechinsky.
Other scribes who had a similar question were Anthony Kasunda (Malawi) and Chali Nsama Nondo (Zambia).
The question: “Your Royal Highness, the king and other leaders has been listed as one of the world’s dictators. As someone who have worked with the king what would be you comment?
The prince who was visibly annoyed not by the question but by what was said about the king paused for a couple of seconds before dismissing such as “nonsense”. He also wondered if the Zimbabwean journalist was aware of the definition of the word dictator.
“Do you know the definition of the word,” prince Masitsela asked.
“Your Royal Highness, I am not aware,” responded the journalist from Robert Mugabe’s country.
For another moment the prince was puzzled by the journalist that based a question on a word he was academically challenged on.
“Let me emphasise that our king is not a dictator and will never be. He has never killed anyone let alone jail anybody. He therefore cannot be referred to as a dictator. To me, that is utter nonsense as I have stated”.
The response left open what Prince Masitsela understood to be meant by a dictator.
However, this newspaper wanted to know from the prince what he makes of the eviction of the Macetjeni and KaMkhweli residents.
“The king there was trying to mediate in the impasse, however, the residents felt it was harassment thus they fled to South Africa. It would be unfortunate for anyone to draw a conclusion that the king is a dictator, he is not,” stressed Prince Masitsela.
The other leaders appearing on the Parade are Robert Mugabe (Zimbabwe), Hu Jintao (China), Crown Prince Abdullah (Saudi Arabia), Teodoro Obiang Nguema (Equatorial Guinea), Saparmurat Niyazov (Turkmenistan), Fidel Castro (Cuba), Kim Jong II (North Korea) and Than Shwe (Burma).
Some of the things written about the leaders including the king cannot be printed because they bother around sedition and are very defamatory if not false.

Artikel in der Times of Swaziland vom 25.05.2004

Foul play suspected after man dies in police custody (Falsches Spiel vermutet, nachdem Mann in Polizeigewahrsam stirbt)

BY ARTHUR MORDAUNT

MBABANE - In a case that may further set police against the public because of their brutality, another suspect has died while being interrogated by police at Sigodvweni Police Station in Matsapha.
It is alleged, though presently unconfirmed through medical evidence, that the man succumbed to heavy beatings and suffocation by the arresting officers.
The incident happened on Saturday after it was alleged that he stole E28 000 from work.
It is alleged that the suspect, Mathousand Ngubeni of Sdvwashini in Mbabane died as a result of heavy beating by the Matsapha based police after he had been taken in for questioning after a sum of E28 000 went missing from his place of employment at Fast Towing Services in Matsapha.
Fast Towing, a 24 hour service company, offers towing services to vehicles that may develop mechanical faults or are involved in accidents.
The youth at Sidwashini are reported to have threatened to take action if the police who arrested Ngubeni are not arrested and charged with murder.
Informed
According to informed sources who are close to the matter, Manzini police of the Criminal Investigation Division (CID) came to Ngubeni’s place of employment at around 4pm and took him in for questioning.
“Even though I cannot remember how many they were, the police came here in their own clothes and demanded to see Mathousand. They took him to Sigodvweni Police Station where they said they were going to interrogate him for the theft of the money that was stolen here at work. We were all shocked when we later learnt that he had died while in custody,” said a source who shall remain classified.
Apparently, a sum of E28 000 was stolen at Fast Towing on the weekend of May 14 to 16 after thieves broke into the company safe.
The crime was discovered the following Monday and police were notified. Although it is not clear why, fingers started pointing at Ngubeni who was in his 30s.
It is alleged that while he was in custody, he was heavily assaulted by the police and further suffocated (wafakwa lishubhu) which could have resulted in his premature death.
There is confusion though as to where Ngubeni actually died as some sources claim he died while at the Sidvwashini Remand Centre while police assistant public relations officer Sabelo Dlamini, who confirmed the incident, said he died while under police custody.
Actively
Dlamini further stated that Manzini Regional Police Headquarters are actively investigating the circumstances surrounding the deceased’s demise. This would involve looking for facts surrounding the death including conduction of a post mortem. Comment could not be obtained from the directors of the company.

Artikel in der Times of Swaziland vom 28.05.2004

Outrage over death in police's hands (Aufschrei über den Tod aus Polizeihänden)

BY CHRIS DLAMINI

MBABANE - Members of the public have reacted with outrage following the death of Mandlenkhosi Ngubeni in the hands of Matsapha police and have called for an independent probe into the matter. Ngubeni met his death while being questioned about a sum of E28 000 that is said to have gone missing from his employer’s safe. He was employ-ed by Fast Towing in Matsapha.
Although the results of a post-mortem, which was conducted yesterday, are yet to be released, many people believe Ngubeni may have died as a result of injuries sustained during physical interrogation by the police.
The police have left it to the post-mortem to clear the air before they take any punitive measures against their own.
The Times was yesterday inundated with calls of concern over the rising incidents of deaths in police hands and demand that something be done about it. The matter has drawn the attention of international human rights watchdog Amnesty International which has offered legal services to the Ngubeni family.
Other concerned readers have offered to assist finance the cost of having an independent pathologist conduct the post-mortem.
Faith Makhubu had this to say: I believe that he was killed by the police and it‘s so sad because the police are seemingly venting out their anger on suspects. This could be happening because of the killing of an officer recently and most of these cases are happening in Manzini.”
Agnes Mabaso: “ I don’t even know where to start because I knew Mandla very well and he could not steal or do anything like that for that matter. I have known him for a long time and it`s really painful he had to die like that, he did not deserve the kind of torture he was subjected to especially for such a meagre amount of money when some people get away with millions.”
Babe Msimangu: One thing we need to know is this thing has fast become a trend in the country and if we do not act, it is not going to stop anytime soon. It must be put to a halt. Someone has to do something. Probably not the police commissioner because he is failing to deal with a lot of cases by the police.”
Another said: “If you want to live longer then don`t get arrested in this country. The number of suspects who have died in the hands of the police is a cause for concern and soon this will be a priority concern, even more than AIDS.”
On another note, a few people called the Times offices wanting to know how they could reach Mandla‘s family as they are willing to contribute some funds to get a private pathologist to run the post mortem

Artikel in der Times of Swaziland vom 29.05.2004

Amnesty International hires pathologist for Ngubeni family (Amnesty International verpflichtet Pathologen für die Ngubeni Familie)

BY WELCOME DLAMINI

MBABANE – A glimmer of hope that the truth into the death of Mandlenkhosi ‘Mathousand’ Ngubeni would finally be ascertained, shone yesterday when it was revealed that human rights body, Amnesty International has secured an independent South African pathologist to find out what killed him.
Amnesty International’s Mary Rayner had earlier declared their interest in the much publicised death of Ngubeni in police hands and had indicated that they were willing to help the Ngubeni family in any way possible so as to get to the bottom of Mandla’s death.
Interview
Spokesperson for the Ngubeni family Jabu Nhlabatsi told the Swazi News in an interview that they have already spoken with officials from the human rights watchdog where they were told of the acquisition of South African pathologist Dr. Reggie Perimen.
All expenses of the pathologist are going to be shouldered by the international organisation.
“The organisation communicated to us this morning (yesterday) that they have secured the services of a South African pathologist who is going to find out the real cause of Mandla’s death,” Nhlabatsi said.
Nhlabatsi stated that they were soon given Dr. Perimen’s contact address and they engaged in talks with him soon after that.
Comment
“Dr. Perimen has told us that he wants to first meet with the pathologist who was engaged by government to do the first post-mortem on Mandla’s body to find out how he carried out the examination,” Nhlabatsi continued.
Nhlabatsi mentioned that Dr. Perimen is going to use tissues that were removed from Mandla’s body by the first pathologist.
“He told us that he is going to take those very tissues for forensic examination and then find out the real cause of Mandla’s demise,” said Nhlabatsi.

Artikel in der Times of Swaziland vom 11.06.2004

Police brutality once again (Schon wieder Polizeibrutalität)

BY BHEKIE KHUMALO

MBABANE - The public outcry on police brutality in the country continues to fall on deaf ears as they have done it again.
This time on a young man at Nkhaba who was accused of stealing a necklace, car batteries and shoes in one of the area’s homesteads.
The incident occurred on Monday in police cells.
According Badelisa Dladla, who is in his early 20s, it all started on Sunday when police came to his home.
“They said that I should return the shoes, car batteries and the necklace that I had stolen from the Mncina homestead. When I told them that I did not know anything about them, they said I will explain everything at the police station,” he said.
Dladla said that on Monday two plain-clothed policemen came to his cell.
Assaulted
“They assaulted me all over my body, even under my feet, then one suffocated me with a tube whilst the other police officer was sitting on my chest. The other police officer was telling me to admit to the theft, and when I said I do not know anything about it he wrote notes stating that I had admitted to the theft,” he narrated whilst trying to take a deep breath.
At this time he coughed out blood. His nostrils still had dry bloodstains when he was interviewed and his feet were swollen, an indication that he was heavily assaulted.
On Monday evening, a sergeant saw that he had difficulty in sleeping and he then showed the officers who interrogated him but they claimed that he arrived there like that.
To add salt to the wound, the police failed to take him to hospital even though they could see that he had difficulty in walking and breathing. He had to struggle to get to the government hospital, where he is currently lying in serious condition.
His mother who was standing next to the bed could not even talk because of the pain at seeing her son in such a condition before her.
When contacted, Police Public Relation Officer (PRO), Superintendent Vusi Masuku said that he was still to investigate the allegations.
“I would like to encourage members of the public to report such cases to station commanders or the department of complaints and discipline at the police headquarters, other than going to the media,” he said.

Artikel in der Times of Swaziland vom 18.06.2004

Police officer poured methylated spirit in my eyes (Polizist spritzte Methylalkohol in meine Augen)

BY WELCOME DLAMINI

TAMBANKULU - With more and more cases of police brutality being unearthed by the day, a 27-year-old man has come out to claim, in the latest incident, that he has been rendered permanently blind after police poured methylated spirit in his eyes during an intensive interrogation exercise.
Skhumbuzo Fanele Malindzisa (27) who used to be employed by Tambankulu Sugar Estates as a sugarcane cutter (magawulane) had been held by the police on theft suspicions in that he allegedly stole a door frame belonging to one woman of the area.
Malindzisa related to the Times newspaper that he was arrested by two police officers in late 2002 while he was at Maphiveni area and taken to the Simunye police station for questioning concerning the theft of the door frame.
“When I got to the police station I told them that I didn’t know anything about a stolen door frame but that answer seemed to irk the officers even more as they then began assaulting me with fists and vicious kicks all over the body,” Malindzisa said holding his ribs signalling where the kicks landed.
Beaten
He stated that during interrogation the two officers made it clear that he would be beaten until he admitted knowledge of the door frame.
On the first day he was beaten up and then put into the police holding cells before being summoned the following morning and taken into an interrogation room where, according to him, he was assaulted until he wished he were a dead man.
“They tied my hands in between my legs, in what they called the Kentucky style, and I remained suspended in the air supported only by a chair.
Suffocate
“They then began to suffocate me and I felt like defecating human waste, but I held on to my dear life by a thread,” Malindzisa stated.
Malindzisa said while being suffocated, the police would constantly tell him that they needed him to show them where he had hidden the door frame despite that “I kept telling them I had no knowledge of the said stolen item.”
Seeing that Malindzisa was not anywhere near admitting knowledge of the door frame, the police decided to reinforce their investigation techniques by bringing in a bottle full of methylated spirit.
“They suffocated me so hard such that I lost total hope of ever surviving the ordeal but that was just the beginning.
“During the interrogation, I happened to open my eyes in a desperate sign for help and that was when the police officer poured methylated spirit into my eyes and the process was repeated three times in succession,” Malindzisa said with a flinch.
Prayed
He stated: “I felt as though needles had been put into my eyes and prayed for death to come and take me away.”
“That was when I lost sight of everything but the police had not had enough of me as they lay me flat on the floor where I was then assaulted with sjamboks and a car registration plate all over my joints until I could not walk,” Malindzisa said.
He was then carried into the police cells where he was kept for ten days despite relentless pleas to be taken to the hospital.
Thugs
“When I asked to be taken to the hospital the police told me that they do not take thugs to the hospital,” he said.
On the eleventh day he was taken to the Big Bend prison without making a court appearance first.
Malindzisa said that the prison warders did not take him seriously when he told them that the police had rendered him blind and instead they joked about his condition.
Eventually he managed to go to the Mbabane Government Hospital after some prison warders realised the seriousness of his condition.
Late
“At the hospital they told me that it was already too late for them to restore my eyesight and that I would need the services of a special doctor.
“The hospital gave me a date in which to return to see the doctor but the prison officials would not take me there as they claimed there was no transport.” Malindzisa added.
He was instead taken to the Siteki Good Shepherd hospital where the doctor there confirmed that his sight had been permanently lost.
Hospital documents in the newspaper’s possession confirm that Malindzisa is now permanently blind.
Desist
Police public relations officer Superintendent Vusi Masuku when contacted for comment said, “people should desist from the attitude of exploiting the prevailing situation in making fictitious accusations through the media against the police service for their ulterior motives.”
“To the best of my ability the said Malindzisa was once arrested in 2002 for a theft case and at the time of his arrest he already had a problem with one of his eyes which had a blurring vision as a result of an injury he sustained at work where he was employed as a cane cutter,” Masuku said.
Masuku stated that Malindzisa’s was also arrested in 2003 for a theft case still with the same eye problem and sentenced by the court to a year in prison.
He however stated that the police are still to investigate Malindzisa’s claims.

Artikel in der Times of Swaziland vom 31.07.2004

Police sued for E500 000 (Polizei auf E500 000 verklagt)

BY SONNYBOY FAKUDZE

MBABANE - As the cases of people who suffer in the hands of the police continues, a 23-year-old man of Dvokolwako area is suing the police for E500 000 for allegedly assaulting him with a hose pipe, fists, pick handles and kicks.
Thulani Dludlu stated in his particulars of claim that he was assaulted by police based at the Simunye Police Station on December 22, 2002.
Suffered
Dludlu said as a result of the assault he suffered injuries on the head and severe bruises on the back resulting in permanent scars and he could not sleep properly or lie down for a period of 14 days.
He explained that the said police officers were acting within the scope and in the course of their employment with the government.
Damages
He lamented that as a result of the assault, he sustained severe injuries on the head and upper body, and suffered damages in the sum of E500 000, made up as follows:

General damages and pain and suffering – E200 000.
Permanent disfigurement – E250 000.
Medical expenses and estimated future medical expenses – E50 000.
Dludlu is represented by attorneys from Zonke Magagula and Company, who stated that if the police dispute the claim and wishes to defend the action they shall:

Artikel in der Times of Swaziland vom 06.08.2004

Alleged rapist spends three years in jail without trial (Verdächtiger Vergewaltiger 3 Jahre in U-Haft ohne Verhandlung)

BY KENNETH MAKHANYA

MBABANE - A 20-year-old man of Ngwenya Village who allegedly committed rape in June 2001 is still awaiting trial at the Sidwashini Correctional Services.
He is said to have, in the month of June and the first week of August 2001 in Hawane, wrongfully and intentionally had unlawful sexual intercourse with Nosipho Mndane (12) without her consent and thus, committed rape.
Time

During the time of the crime, the accused and the defendant were 17 and 9 years old respectively.
The accused person is due to reappear before court on August 11, 2004 pending trial on September 27, 2004.
This case not unique as there are many more cases of people who have been awaiting trial for more than a year. This represents the inefficiency of our justice system.
The magistrates cannot be blamed as they also constantly complain about the congestion of their diaries.
The wheels and cogs of the Ministry of Justice and Constitutional Affairs definitely need to grind vigorously to come up with a lasting solution to this injustice.
Injustice
Such injustice definitely needs to be frowned upon by our justice system.
It is outrageous that an accused person can languish in jail for such a long time without a trial.

Artikel in der Times of Swaziland vom 27.08.2004

Jomo is dead (Jomo ist tot)

BY SIDNEY MATSE

MBABANE - Ace police detective, Aaron Thabo “Jomo” Mavuso is dead. Mavuso died from a gun shot wound he sustained when he was shot by a wanted criminal, Sikelela Mahlangu who opened fire at the police who wanted to arrest him for a string of armed robberies. This happened on Tuesday early evening at the Mhlaleni Bus Station where the police under the Serious Crimes Unit (Ukhozi) had manned a roadblock after getting a tip off that Mahlangu was aboard a Manzini bound Sprinter. It was from Nhlangano.
The criminal suspect is said to have been the first to open fire on Mavuso who had flagged down the Sprinter with the view of arresting Mahlangu.
Shoot-out
A shoot-out between the suspect and the police ensued. Mahlangu died on the spot under a hail of bullets from the police who indiscriminately opened fire when they noticed that their boss had been hit and that Mahlangu was in no compromising mood. Unconfirmed reports are that Mavuso was hit once in the chest whilst Mahlangu was pumped with a hail of six bullets.
Succumbed
Jomo, as he was affectionately known, succumbed to death in the early hours of yesterday at the Med-Clinic in Nelspruit, South Africa. He was flown there in an army aircraft on Wednesday afternoon when his condition worsened.
At the time of his death, Mavuso was working on a series of cases including that of the death of Mbekelweni businessman, Thandanani Mvubu, who was shot in his car whilst at Ezulwini last month.
Mavuso was well known both in police and social circles for his hard stance against criminal activity in the country. He, together with his former colleague at the serious crimes unit, Khethokwakhe Ndlangamandla, was popular for their no-nonsense attitude towards violent crime and he (Mavuso) earned himself the name “the dog” in criminal circles.
The mere mention of Mavuso’s name was enough to send shivers down the spines of many a criminal.
He also played a pivotal role in the diffusion of demonstrations mainly by aggrieved civic groupings in the country. Fear was an unknown word in his vocabulary as he asserted himself even in potentially volatile situations.
He is survived by his mother, wife and an undisclosed number of children.
The date of his funeral is yet to be announced but a close family member hinted that he might be buried next week. His body was expected to be brought back into the country as of yesterday evening.
Jomo hails from Maliyaduma. He joined the police force on April 2, 1979 and rose through the ranks at an enviable pace.
His work was also noted by the country’s leadership, culminating to His Majesty King Mswati III honouring him during his 35th Birthday celebrations with the Member of the Royal Order of Eswatini me-dal.

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