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

MEMORANDUM OF DEMANDS TO THE KINGDOM OF SWAZILAND

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

DPP bringing Advocates for Mario trial

DPP bringing Advocates for Mario trial

MANQOBA NXUMALO

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.

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

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

By MANQOBA NXUMALO

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.

About 500 Danish people honour Mario

About 500 Danish people honour Mario
By MANQOBA NXUMALO
Swazi Times June 09,2009

MBABANE- Close to 500 people attended a launch of a Swaziland Democracy Watch at the May Beats festival in the capital of Denmark, Copenhagen.

The event was in honour of Mario Masuku who is leader of the banned People’s United Democratic Movement (PUDEMO) an organisation banned in Swaziland.

The Swaziland Democracy Watch held a photo exhibition about the ‘strong and fighting Swazi people’ and the ‘freedom fighter Mario Masuku’ at a big festival held Denmark last weekend. According to information sourced from Nanna B. Olesen on behalf of the organisation, the attending guests were exposed to the exhibition and informed about Mario Masuku and his imprisonment.

Later on, many of the guests wrote greetings to support Mario Masuku. “It was a very successful presentation”, explained Marie Hvelplund, a member of Swaziland Democracy Watch.

Swaziland Democracy Watch says it will, in the near future, send these greetings to Mario Masuku while he is inside jail.

“A lot of people said to me before they came to this festival, they didn’t know anything about Swaziland,” said Anne Bech, a member of Swaziland Democracy Watch.

Swaziland Democracy Watch is a newly founded solidarity group that fights for democracy in Swaziland.

Jailed Mario’s lawyer takes govt to court

Jailed Mario’s lawyer takes govt to court
By MANQOBA NXUMALO
Swazi Times June 09,2009

MBABANE – Human rights Lawyer and also Acting President of the Law Society Mandla Mkhwanazi has also filed an urgent application at the High Court against government.

In his application he expresses discontent over how he is allegedly made to take off his shoes and socks when consulting jailed PUDEMO leader Mario Masuku at the Matsapha Maximum Prison. Government will today file its responding papers and the matter is set to commence before Judge Jacobus Annandale today.

He also alleges that he is now being made to consult Masuku over a fence at the visitor’s room and in the presence of prison warders and that these are the new rules with regards to attorneys that appear on behalf of Masuku. Judge Jacobus Annandale could not listen to the urgent application yesterday as he was reportedly out to see a dentist.

Mkhwanazi, who forms part of Masuku’s legal team and also lawyer of jailed human rights attorney Thulani Maseko, alleges that when he goes to consult with Masuku, he is told to take off his shoes, socks and then searched all over the body. He states that he has tried to negotiate with the warders that besides their conduct being inhuman, he had caught flu and would not want his feet to be exposed to the floor but his argument bore no fruits.

“Initially when I came to consult with my client, we would be given an office within the prison and consult behind closed doors with privacy and in confidence with my client. I remember one occasion I was allowed to consult with my client inside an office inside the Maximum Security Cells but still enjoyed reasonable privacy and confidentiality. On or about April 22, 2009 I went o consult with my client in prison.

For the first time a ‘head to toe search’ was conducted on my body. I did not mind same as it was explained to me that it was a rule but the search was conducted under strenuous protests by myself as it only came by way of mouth as opposed to uniting in an institution like the Maximum prison of the country,” alleges Mkhwanazi. Consult He argues that he was astounded when the prison officers took him to the general visitor’s room, where he was told to consult with Masuku with a high fence separating them. “There is no privacy in the general visitor’s room, since, despite the all time presence of a warder during consultation, other inmates and warders then get access to our conversations which are supposed to be private and confidential. Having complained to the senior officers at the prison that the new set up defeated the whole principle of ethics on confidentiality between attorney and own client, I was only advised that, it was yet another new rule (sic),” he alleges.

He alleges that given the above problems, he eventually failed to consult with Masuku. He argues that yesterday he prepared answering affidavits on behalf of his client under civil case 1753/09 with the intention of having them commissioned for subsequent filing in court.

He said he was told to undergo what he calls the most humiliating, degrading and inhuman treatment ever to be subjected to himself as an attorney and officer of the High Court. He said the new rules that have been passed were that he would consult Masuku over the general visitor’s room and that he would have to undergo head to toe searches.

Mkhwanazi also said he would have to remove his shoes and socks before he could have an access to Masuku. Mkhwanazi is worried that he has was now being treated like convict who is strapped naked and searched all over the body when he wants to see his client.

Mario Masuku criticizes the Swazi Constitution

With assistance from Pretoria, on April 12, 1973 Sobhuza II infamously declared: the Constitution of Independence had “failed”; it was the cause of “growing unrest”; it had permitted “undesirable political practices”; and there was “no constitutional way” to amend the Constitution. A State-of Emergency was declared and Sobhuza II assumed supreme power (Kuper 1978). Parliament was suspended for five years and when it reopened the royalist's tinkhundla system began to be enforced. The Constitution which was suspended in 1973 was eventually replaced thirty-three years later.

In the brief video clip below, PUDEMO President lists the shortcomings of the so-called "new" Constitution. Masuku has been an outspoken critic of the Swazi regime for years and they think he can be silenced by prison. VIVA Mario VIVA!

Lawyer of PUDEMO President Arrested

PUDEMO media statement, 3 June 2009


The Swazi regime has gone mad beyond recovery!

Advocate Thulani Maseko, lawyer of PUDEMO President was arrested yesterday on charges of TERRORISM!

This is a clear indication that the Swazi regime wants to do away with all human rights activists.

Thulani Maseko is a founding member of the Swaziland Association of Students, former president of the Student Representative Council (SRC) at the University of Swaziland, former Secretary General of PUDEMO, founding member of Lawyers for Human Rights Swaziland, founding member and chairperson of the National Constitutional Assembly.

He has represented many comrades in their legal battles against the regime including the successful case by the ex-miners in which the court ruled in favour of the people for free education.

Advocate Maseko is a well respected lawyer around the world, having been recently invited by the Foreign affairs Minister in the UK and the EU to state the case for Swaziland.

It is not clear as yet where he is kept and what is happening to him.

But we fear for his life.


PUDEMO International Relations
c/o Head of Publicity
Manzini, Swaziland

cell numbers
268-607-3453 (Swaziland)
27-73-142-7594 (South Africa)
27-82-923-1401 (South Africa)