Sunday, August 30, 2009

6 to testify against Mario

6 to testify against PUDEMO’S Mario

SIBUSISO NGUBANE on August 30,2009

Sunday Times

MBABANE—The Director of Public Prosecutions has lined up six witnesses to testify against incarcerated People’s United Democratic Movement (PUDEMO) President Mario Masuku when his trial kicks off next month.

The list of the six witnesses is contained in the summary of evidence which the DPP will present to court when Masuku’s trial resumes next month. However, the summary of evidence doesn’t say what the witnesses will tell the court as it happens in some matters. “Please take notice further that the crown will add more witnesses to the ones mentioned above,” reads part of the summary of evidence form.

Masuku is accused for contravening section 11 (1) (b) of the Suppression of Terrorism Act number 3 of 2008 or alternatively contravening section 5 (1) of the Sedition and Subversive Activities Act of Terrorism Act of 1938 as amended.

The PUDEMO president is alleged to have unlawfully and knowingly given support to the commission of terrorist acts by uttering the words to the effect that “they will continue with the bombing of vital installations and structures of the Government of the Kingdom of Swaziland” and did thereby contravene the said acts.

He is said to have uttered words to the effect that Musa ‘MJ’ Dlamini and Jack Governder, who died in a bomb blast at Lozitha overhead bridge, were heroes and they died while PUDEMO needed them the most. He is accused of making these utterances on September 27, 2008 at KaLanga in the Lubombo region at the funeral of Dlamini.

About two weeks ago, Masuku appeared at the High Court of Swaziland before registrar Lorraine Hlophe for a pre-trial conference, where it was announced that his trial was expected to take off on September 21, 22, 23, 24 and 25. Masuku has been behind bars for over 280 days now since he was arrested in November last year.

Masuku is represented by lawyer Thulani Maseko of T. R Maseko Attorneys, who is also facing terrorism charges in his own capacity.

The first names of the witnesses are not indicated in the summary of evidence but only their abbreviations appear with the surnames.

Sunday, August 16, 2009

‘I am not bitter’, says Mario Masuku


Sunday Times Aug 16, 2009

He and I last met at a funeral of my late senior sister in law, Ms. Dudu Dlamini, at Ekutsimuleni, in October 2008. It was at this funeral that we learned about our likely arrests. He was subsequently picked up in November 2008, and has been there ever since. At first I avoided visiting him because I knew that I was on the line as well, and then, secondly or later, because of the ban on visits.

But that was soon to be overthrown by the courts, thus opening the opportunities to visit him. On Monday this week Jan Sithole and I just felt the urge to want to visit Mario Masuku in prison. We drove in Jan’s car, got at the gates, where we were well treated, being asked to fill the forms, indicating who we were visiting, and stating our relationship with that. We indicated that we were visiting Mario Masuku and that we were his friends. We were then allowed in by very polite officers. Yes, they were very polite and obliging, a sign of good training in human relations and the exercise of power. Keep it up Bafana beMbube!

Once inside the premises, and having given the guard officers the document about our mission, we were made to wait, and it was a very long waiting, I tell you. But, as were waiting, something else happened. We saw somebody coming, running, and the person looked like one Ignatius B. Dlamini, former Secretary General of the now banned PUDEMO. Indeed it was him.

The three of us sat there, outside, chatting away time and trying to catch up on things of the struggle. For Jan and myself, it had been over nine months since we last met Mario, and a little longer when we last met IB. Therefore, the whole thing presented an opportunity for a good re-union of some sorts. But as we were enjoying the chatting, the officers called us in, again, politely asked us to be searched before we were ushered into room where Mario Masuku was waiting for us.

What a sight! Though separated by the strong fence or cage, we were able to push our fingers to touch him and stretched our hands to demonstrate our hugs of him! By this time we were fighting away our tears. It was so wonderful yet so painful. I have still not fully recovered from it, and I think I am likely to feel like that for sometime.

I saw in Mario, the extent of the cruelty of Swaziland’s evil political system of Tinkhundla; a decent and innocent individual like Mario Masuku rotting away there, simply for the pleasure of the ruling elite. It is totally unforgivable, I do not care what others may think of this. It is evil by men on men.

Mario told us his reasons for not applying for bail. He reasons that if he were to apply for bail, he would get it, and then never to be brought on trial, but being asked to report to the police station for the rest of his life, without being afforded an opportunity to defend himself or getting convicted. To support his argument, he pointed to the very I.B. Dlamini we were with. He reminded us that I.B. Dlamini and 15 others had been out on bail since 2006, and are being inconvenienced by having to report to the police since then without their matter coming to court. He could not live with that. He simply wants to be brought before a competent court and defend himself, because he believes in his innocence.

But it was very visible that he misses his family and his freedom. He told us that he did not wish, even for his worst enemy to spend even one night in that place. He says one night is a thousand nights long.

This is how he feels. He praises his family for being there for him during this trying time in their lives. He was happy we were there, all this time, wiping away tears, just as we also were struggling to appear strong, even the likes of Jan Sithole, whom we take as a source of strength, I saw him fighting away his tears. After all, we are all just human, when one hurts, we hurt too, and when it causes one to cry, we cry too, its as simple as that. We are also fragile, at least I know that I am extremely fragile when it comes to these things.

When we asked him if he was bitter about his incarceration: he said: “I am not bitter at all. The Prime Minister and his Government are just doing their job, or at least, this is what I think are their reasons for putting me here. What will hurt me the most though, is if I am here because some body wants to spite me, that I may never forgive, if I were to find that I am here because someone simply wants to see me suffering”.

You know, this is quite amazing, coming from a person who has been in and out prison, for the sole reason that he dared to challenge the evil system of Tinkhundla, which is his right as a citizen. Yes, he is not bitter.

Mario appeared at peace with God. He actually preached to us, (being a preacher of the gospel himself) reminding us, that his being there, is the will of God, so long as his motives for doing what he is doing are clean, and not coming from evil thoughts. He saw himself as a tool in God’s hands for His purpose in this Nation, to be peacefully transformed from this oppressive system to democracy. Though painful to be where he is, he sees it as God polishing him for His purpose, and that his faith means that he must be submissive to God’s calling.

With that said, we decided it was appropriate that we held our hands in prayer, and we prayed to God to give him strength, while thankful to Him that His man knew and understood His leading in even in the situation in which our Comrade finds himself. Amen.

Mario follows what goes on in this country, through the media. He told us how grieved he was when he read my article on the tribute to the late MJ Dlamini’s father’s death. He told us that he was still grieving hard because of this death, especially because he could not attend the funeral. He asked me to send his heartfelt condolences to Mrs. Dlamini, Make UlaKhoza, and her family, and tell her that he prays for their strength to cope with their loss. He told us that he was shocked too to read about the untimely passing away of his friend, Tom Mbelu. He says he could not come to the terms with that death. He said either myself or Jan or both of us, must make efforts to pass his condolences to Mrs. Mbelu and her family.

He then spoke about one of his pastors, who happened to have died just having visited him in prison, and the two of them having prayed together, he grieves for this pastor as well.

May all these families, I have mentioned here, find comfort in the knowledge that, even while incarcerated himself, and should be primarily concerned about his own welfare, Mario Masuku is concerned about others more than himself. If I happen not to see you in time, may you take comfort in the knowledge that we had you in our prayer at the prison with a detained suspect, who happens to care about you!

Please be comforted.

Mario Masuku also shared his concerns about the way the progressives were prosecuting the struggle. He actually chastised us for the apparent luxury of bickering among progressives. He had harsh words for those involved in what he sees as unnecessary contestations over political spaces between political formations and the larger civil society. He said any political entity which does not see the advantage with the mass democratic movement, was doomed to fail, and made his incarceration to be in vain. He told us, that those who sympathized with our struggle from outside, were not impressed with a fragmented progressive movement. He told us that each time he saw a sign of squabbling among progressives, his spirit sank, and made his time in prison totally unprofitable.

You know, those of you who have read the Apostle’s address to the elders of the church at Ephesus, as he was about to live for Jerusalem, where he knew he would arrested and possibly killed, will see a similar attitude and mood in Mario, as he addressed us. As if he saw some lack of understanding on our part, he said, in a loud voice: “Look here comrades, no one is greater than our struggle, and therefore, no one must ever try to privatize the struggle. You comrades must go out there and unite the movement, both inside and outside the country. This country looks to you for leadership, and future generations will only inherit a democratic state, if progressive forces learn to work together.”

I tell you, that was a good telling. We just sat there, listening to a natural leader sharing his insights and his vision. Of course Mario is right, there is nothing as disheartening as to see progressives squabbling among themselves. You do not see that among traditionalists and supporters of Tinkhundla. That does not mean that there are no squabbles within this group, but what it means is that this group is able to deal with its internal squabbles discretely.
Progressives can learn from that.

We salute Mario Masuku for the tough choice he has made, to stay in there, for a greater principle. I know is that, even though each night is like a thousand nights, however, there is greater pressure on the system, which has always prided itself with the claim it had no political prisoners. We now have Mario, whom we have denied access to speedy justice, may be because we know we do not have a winnable case.

What ever the case may be, Swaziland is on trial each day Mario spends in detention, and, as it was the case with Nelson Mandela, Mario’s detention makes him the symbol of our struggle. It also makes a mockery of Swaziland’s claim to peace making. If Swaziland can boast of having given peace to Zimbabwe, and now to Madagascar, but decide to keep in jail those we should be making with here at home, then its claim is hollow.

Mario is one of those fellow citizens we should be making peace with and not put them behind bars, with a hope that the problem will go away. Only the unwise do that, and we need to be a bit wiser in dealing with our own internal differences.

Mario, as you read this article, know one thing, you encouraged us on Monday, so much so that we feel a sense of renewal in ourselves, in prosecuting the struggle until victory is won. Swaziland shall be democratic some day, we only pray that it happens in our lifetime.
Long live the spirit of freedom, long live Swaziland!

Thursday, August 13, 2009

Swaziland Solidarity Network submits this memorandum to mark 271 days of PUDEMO President Mario Masuku’s incarceration

13 August 2009

To: The High Commissioner of Swaziland in South Africa

Attention: Mr. M. Mswane

From: Swaziland Solidarity Network- South Africa


The Swaziland Solidarity Network submits this memorandum to mark 271 days of PUDEMO President Mario Masuku’s incarceration. We bring to your attention our strong objection to his continued imprisonment upon trumped up political charges.

Your regime is bent on intensifying its subversion of Swaziland peoples democratic rights to belong to a democratic country. A non-existent link between PUDEMO President Mario Masuku and provisions in your unconstitutional Suppression of Terrorism Act has been created to silence his political leadership.

Many more citizens including women and young people are victims of your regime’s dictatorial policies, of banishment, exile, detention, starvation, lack of proper health infrastructure, education and deep poverty.

We demand of your regime to unconditionally release Masuku from prison and recognise the legitimate rights of your people to put forward the demand for multi-party democracy.

Your regime has perpetrated scores of human rights violations against political activists, trade unions, the media and anyone that criticizes your popularly rejected system of Royal political rule.

A ban on Political parties has been legislated since 1973. Laws are perverted to reign in activists who are subjected to widespread detentions and inhuman treatment. They are constantly threatened and intimidated including through the introduction of the public service bill.

Your regime is the most corrupt in the entire continent and is entirely responsible for the suffering and misery of the poor Swazis.

The decimation of foundations for a democratic respect for the rule of law is insulted by the King placing himself above the constitution.

Your regime has issued threats against public servants who belong to political parties. It is your aim to dismiss them of their jobs once the public service bill has been passed.

It is against that background that we place to your regime the following demands:

  • The Unconditional and immediate release of PUDEMO President Comrade MARIO Masuku and all political prisoners

  • The dropping of all the ridiculous charges against Thulani Maseko

  • A democratically elected constituent assembly to develop a new constitution to lead the country into a constitutional Multi-party democracy.

  • Removal of the draconian 1973 decree which bans political parties

  • An end to the harassment and intimidation trade unions and other organisations in exercising their legitimate political and other trade union activities.
  • The unconditional return of all exiles

  • Swaziland must comply with the AU's Charter on Human and People's Rights

We demand a response within 7 days of the submission of this memorandum.

Signed:…………………………………….. Date…………………………

Recipient: Swaziland Representative

Signed:…………………………………….. Date…………………………

Submitted by: SSN Representative

For more information contact:

Lucky Lukhele-SSN National spokesperson

072 502 4141

Wednesday, August 12, 2009

DPP bringing Advocates for Mario trial

DPP bringing Advocates for Mario trial


Swazi Times Aug 12, 2009

MBABANE- The Director of Public Prosecutions (DPP) will be bringing South African Advocates for the soon-to- commence trial of political prisoner Mario Masuku.

Masuku has been in jail since November last year facing charges of terrorism or alternatively sedition in that he supported acts of terrorism by his utterances during the funeral of the late lawyer and political activist Musa MJ Dlamini.

The American Embassy long declared Masuku a prisoner of conscious.

Yesterday, DPP Mumcy Dlamini confirmed that she will be bringing the advocates to prosecute when the trial commences in September. The High Court Registrar has since slotted the trial to start next month and take a period of ten days.

The name of the judge that will try Masuku has not yet been named.

“Yes we are bringing in advocates and going to them as we speak,” was all Dlamini could say when asked by this newspaper if they were planning on bringing advocates.

In the summary of evidence against Masuku, the DPP states that Masuku went to a funeral of the late MJ and introduced himself as the President of PUDEMO. She states that at the funeral he told the mourners that MJ was a hero who had died for the liberation struggle of Swaziland. She adds that Masuku also told the mourners that as PUDEMO they would continue to bomb structures of the government. She has listed six witnesses that will lead evidence against him.

Masuku is represented by senior lawyers Paul Shilubane and Thulani Maseko.

Saturday, August 8, 2009

After 264 days in jail, Mario will be tried in September

After 264 days in jail, Mario will be tried in September


August 08,2009 Swazi News

MBABANE- Yesterday marked 264 days since PUDEMO President Mario Masuku was arrested.

If his public showing yesterday were to be used to judge his morale, then his comrades will be relieved to know that he is still as defiant and determined as ever.

Masuku appeared before High Court Registrar Lorraine Hlophe for his trial conference together with Lozitha alleged bomber Amos Mbulaheni Mbedzi. The two seemed happy as they belted out smiles, cracked jokes and at one time, Mbedzi even attempted to do the customary toyi-toyi while chained in leg irons.

Masuku was dressed in a formal black suit with a red tie, while Mbedzi was casually dressed in a khaki jacket, pants and white sneakers. The injuries that Mbedzi suffered on the night of the alleged explosion last year have completely healed, with only scars and a badly damaged eye the only indications that he had a close shave with death.

In fact he had even removed the bandage that used to cover his head when he made his court appearances at the Magi-strate’s Court last year.

The tight security at the High Court was indicative enough that Masuku was to appear in court together with Mbedzi as the High Court premises were littered with both uniformed and plain clothed police officers, monitoring every move made by the political prisoners.

On their way to the exit point, the two were accompanied by a large police Casper truck, loaded with armed to the teeth police officers. There were also two other security cars, one from the police and the other from the Correctional Services that closely monitored the accused persons.

In attendance in court yesterday were over 100 people, mainly drawn from the Swaziland Youth Congress (SWAYOCO) and the Ex- Miners Association, who, coincidentally, had also come for their Free Education case yesterday.

So defiant was the PUDEMO chief that after all the court processes, and while being taken to the Matsapha Correctional Services, he shouted to the people who had come to see him ‘Amandla’ sending his followers, who had attempted to barricade the road that was going to be used to ferry Masuku away, to wild excitement. The SWAYOCO members then burst into songs about PUDEMO and Mario.

The pre-trial conference was conducted at the offices of the registrar and not in open court. It was attended by Masuku’s two lawyers Paul Shilubane and Thulani Maseko, as well as Mbedzi’s lawyer Leo Gama.

Masuku and Mbedzi told the registrar that they would both plead not guilty to the charges preferred against them.

The office of the Director of Public Prosecutions (DPP) had instructed Thabiso Masina to represent the crown.

Masuku was told that the state will parade six witnesses who will testify against him, while Shilubane said they will not reveal their witnesses this time around as they wanted to see how strong the state’s case was against Masuku.