Amnesty International expressed concern on Monday that the continued delay in the appeal hearing of an opposition member of Eswatini’s Parliament, Mduduzi Bacede Mabuza, threatens access to justice.
Vongai Chikwanda, Amnesty International’s deputy regional director for East and Southern Africa, declared that the failure to hear Mduduzi Bacede Mabuza’s appeal diminishes the independence of Eswatini’s courts and “undermines Mabuza’s right to access to justice and effective remedies, including to an appeal to a higher tribunal.” He further stated that “authorities must end any interferences in judicial independence – whether direct or indirect, ensure respect for the human rights of everyone in the country and uphold the rule of law.”
In June 2021, MPs Bacede Mabuza and Mthandeni Dube allegedly encouraged civil unrest during protests in favor of a democratic transition. While in detention, reports emerged that both were subjected to physical violence by prison staff, denied access to their lawyer, and denied medical care. Amnesty International declared that physical attacks on imprisoned individuals constitute severe violations of human rights that must be halted promptly, adding that “torture is abhorrent and inhumane and can never be justified.”
The prohibition of torture is a peremptory norm, or jus cogens, which is a fundamental principle of international law. This means that states cannot deviate from or limit its application, even in emergencies or during wartime. After nearly two years of detention, both were convicted of terrorism, sedition and murder. On July 15, 2024, Mabuza was sentenced to 85 years in prison, while Dube was sentenced to 58 years. Both were convicted under the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938.
The continuous postponement of the right to appeal threatens international human rights, Amnesty charged. The right to appeal to a higher tribunal is enshrined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). Article 14(5) ICCPR states that “everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.” Notably, Eswatini is a state party to the ICCPR, meaning that it should provide a right to review.
Previously, Amnesty International called for the “flawed” convictions and sentences to be quashed. It further stated that “their prosecution stems solely from the peaceful exercise of their human rights. Mduduzi Bacede Mabuza and Mthandeni Dube should be immediately and unconditionally released.”
