Swaziland
rant and released Makhubu and Maseko
were released.

It was a short lived reprieve.
Three days later Justice Mpendulo
Simelane reordered the arrest of Makhubu and Maseko based on an appeal by
Justice Ramodibedi, the Office of the
Director of Public Prosecutions, and the
Attorney’s General Office, against Justice Dlamini’s decision. (Judge Simelane
has been since charged with corruption
and defeating the ends of justice.).
After the pair had been detained for
more than three months without bail,
Judge Simelane sentenced Makhubu
and Maseko to two years in jail without
the option of a fine. According to news
reports, the judge said the term was
meant to be a deterrent to other journalists.

The government
should stop using the
Sedition and Subversive Activities Act and
the Suppression of
Terrorism Act to impede media freedoms.
In appealing their re-arrest, the two argued that the state did not prove its case
beyond reasonable doubt pertaining to
the offense of contempt of court, as they
lacked sufficient evidence to satisfy the

elements of the offense. Makhubu and
Maseko also submitted that both counts
were an unjustifiable limit to the right to
freedom of expression.
Justice Simelane convicted Makhubu
and Maseko for contempt of court. He
then sentenced both defendants to two
years of prison without benefit of bail,
and fined The Nation and the publishers
of the magazine.
Makhubu and Maseko appealed the decision in the Supreme Court and were
released 15 months after their rearrest.

Global network of CSOs call for
media freedom
Lawyers in Swaziland and an international human rights group have jointly
called for media freedom in the kingdom to be respected.
In a submission to the United Nations
they called for an end to media censorship in the kingdom and for more independent newspapers and media houses
to be allowed to operate in Swaziland.
The call comes jointly from CIVICUS, a
global network of civil society organisations and activists dedicated to strengthening citizen action and civil society
around the world, and Lawyers for Human Rights (Swaziland) (LHRS), a nonpartisan group of lawyers that advocates
for the respect of human rights and promotes good governance, the rule of law
and democracy.
The report is to the United Nation’s Human Rights Council’s Working Group on
the Universal Periodic Review of Swaziland that is to investigate Swaziland’s
record on human rights in 2016.

So This is Democracy? 2015

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