Media Institute of Southern Africa (Windhoek)
18 November 2008
press release
On 17 November 2008, Swaziland's Attorney General, Majahenkhaba Dlamini, warned that journalists who report critically against the government would be viewed as supporting "terrorists" and arrested.
"If you appear to be supporting terrorists in your reporting, woe unto you," Dlamini told journalists.
The warning comes in the wake of growing tension in Swaziland following the government's move to deal strongly with political dissent. The government has outlawed political activities and popular forms of free expression such as marches and demonstrations. Civic and political activists have been arrested under the Suppression of Terrorism Act 2008 on allegations of perpetrating acts of terrorism in the country. Political parties are banned in Swaziland, the last remaining absolute monarchy in Africa.
Four organizations, including the opposition Peoples United Democratic Movement (PUDEMO), were banned on 14 November after they were branded as enemies of peace, stability, security and national progress.
The following day the government arrested PUDEMO President Mario Masuku, who has been charged with making utterances in support of "terrorism". The government action follows a recent call by King Mswati III to eliminate political activists in the Kingdom, whom he branded as terrorists.
MISA-Swaziland has issued a statement condemning the threats against journalists and also called for an end to the arrest, intimidation and harassment of government critics, saying this seriously undermines freedom of expression enshrined and guaranteed in the Swazi constitution. MISA-Swaziland notes that threats against journalists have the potential to instill fear in the already timid Swazi press.
BACKGROUND:
The controversial Suppression of Terrorism Act was passed by the last parliament in 2008. Certain provisions of the Act empower the Prime Minister to declare virtually anyone or anything to be a terrorist entity. Lawyers have challenged the Act saying it violates fundamental rights of ordinary citizens protected under the constitution. In a statement, the Swaziland Law Society said the legislation was questionable in that it sought to undermine the basic civil rights, the rule of law, independence of the judiciary and separation of powers.
The Society further said the manner in which the legislation was being applied led to the impression that it was being used to silence dissenting voices and outlaw political associations that are critical of government.
"Its most ominous and insidious effect is that it abrogates most of the fundamental rights of ordinary individuals protected under Chapter III of the constitution including freedom from arbitrary search and entry of a person's premises, the right to privacy and the right to personal liberty and property," the lawyers said.
The law has been described as vague in that it rendered even innocent undertakings to be susceptible to certification as terrorism.
"Once declared such an entity, the law then takes away the common law and constitutional rights of the individual by prescribing its own 'limited' process for appealing to the Attorney General and for reviewing the Minister's decision to the courts under conditions where the individual has no proper due process and may not even be allowed to see the evidence relied on to certify him or her a 'terrorist entity'."
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