International Criminal Court and al-Bashir: Imagine King Mswati were charged by ICC

(By Pius Vilakati, writing as Mr Pius Rinto)

1.    Introduction

A lot has been said about the recent visit to South Africa by Sudan’s president, Omar al-Bashir, to attend the African Union (AU) summit, and his eventual exit from South Africa. Some have condemned the South African government for allowing al-Bashir to exit South Africa without handing him over to the ICC, relying especially on a court case that had ruled that Al-Bashir must not exit South Africa and the fact that South Africa is a member state of the ICC. Some, of course, have praised the government. Indeed, if South Africa has prevented al-Bashir from exiting the country, South Africa would have been seen as an unpatriotic and unAfrican state.

READ: ANC Conflicted on Swaziland: Can it be trusted?

The unreliability of the ICC has been well documented, especially when one considers that some of the worst murderers in this world today are the United States of America (USA), Britain, and Israel. All these three have not even received a warning from the ICC, yet African leaders have been prosecuted in The Hague. This clearly shows that the ICC is nothing but a tool to be used by the powerful against the weak. There can never be a claim that there is any justice in a society where the law enforcers choose which criminals to arrest and who not to, even when it is clear that they all have cases to answer.

Currently, 123 countries are States Parties to the Rome Statute of the ICC. Out of them a staggering 34 are African States, 19 are Asia-Pacific States, 18 are from Eastern Europe, 27 are from Latin American and Caribbean States, and 25 are from Western European and other States. It is noteworthy that the USA and Israel are not members of the ICC. Further, we should note that, despite the United Kingdom being a member, its former Prime Minister, Tony Blair, was never prosecuted for his country’s role in the Iraq war in 2003, a war which was without a United Nations mandate and which saw the death of thousands of people. We further note that, whilst Sudan is not a member state of the ICC, al-Bashir was charged by it, yet former USA president, George Bush was never prosecuted despite leading the Iraq war.

If we look at the member states of the ICC, it is clear that Africa supports (or supported) the ICC. A change of heart has emerged, however. African leaders no longer want to be subjected to the processes of the ICC and have called for African solutions to Africa’s problems (although there is nothing African about murdering other Africans. It is simply a crime against humanity).

2.    If not ICC, then who?

Whilst some commentators, especially some those who claim to be Africanists, have overwhelmingly supported the view that Africa must withdraw from the ICC and solve its own issues without interference by either Europe or USA, some of us are not fooled at all! The fact of the matter is that some African leaders, such as King Mswatii III of Swaziland, are not only against the Rome Statue having jurisdiction over them, but in fact do not want to be bound by any law, whatsoever. They just want to be the law. Why then should we support these selfish, murderous African leaders? The People’s United Democratic Movement (PUDEMO) and all sensible revolutionaries should not!

For the record, Swaziland, just like Sudan, is not a member of the ICC. This is one of the reasons the ICC gave to the Swaziland Solidarity Network (SSN) when it declined to prosecute King Mswati.

Leaders like King Mswati III, Omar al-Bashir and Robert Mugabe, amongst others, will simply never want to account to anyone for their rule. King Mswati, for example, in July 2005 signed Swaziland’s constitution. Section 2 of the Constitution provides that the Constitution is the supreme law of Swaziland, and if any other law is inconsistent with the Constitution that other law shall, to the extent of the inconsistency, be void. Further, section 2(2) provides, “The King and iNgwenyama and all the citizens of Swaziland have the right and duty at all times to uphold and defend this Constitution.” According to the constitution, a criminal charge of treason is mandated against those who undermine this provision, including the king who is also mandated to defend, and be subservient to, the constitution.

Despite the above provision, King Mswati has violated this constitution many times! He has done so without any repercussions whatsoever. Instead he has continued to enjoy the respect and support of the African Union. The king, despite the constitutional supremacy provision, is above the constitution. He is the law of Swaziland, and the constitution is only valid as and when King Mswati wants it to be.

3.    If Mswati were charged by ICC

Due to the undeniable fact that King Mswati is practically above all Swaziland law, and that the AU will not charge him any time soon, only the most foolish would ever come in defence of Mswati if he were to be prosecuted by the ICC. As recent as 2008, Mswati made a clear call to his security forces that they were to deal with all human rights activists in the most vicious of ways and totally disregard all international conventions and laws. When appointing the current Prime Minister, Barnabas Sibusiso Dlamini, in 2008, Mswati stated clearly that he was appointing him to go and throttle these activists and finish them all. Since then, many activists have been arrested, tortured and some killed by his security forces, with some being forced to exile.  In a just world, he should have been prosecuted for violation of the constitution.  

Before this episode, many people had been evicted from their homes, some fired from their jobs, all in total disregard of court orders to the contrary. PUDEMO’s president, Comrade Mario Masuku, is the most arrested political activist in Swaziland. He is currently in jail, having been arrested on Workers Day, in 2014, charged under the Terrorism Act of 2008 for addressing workers and rallying them on the call for multi-party democracy. He has previously been arrested for sedition, treason, and sometimes detained without any trial. All this on the direct orders of King Mswati.

[READ: Remembering 9 - 10 December 2007; When University of Swaziland burned down

If the ICC is nothing but a vulture which always wants to feed on the carcass of a dead animal, then Mswati is also one. They are all of the same further. If the ICC is nothing but a criminal entity, then it is a criminal entity which arrests other criminals, fairly or unfairly. Let vultures eat themselves! In fact, if Mswati were to find himself weak and alone in the wild, with many vultures hovering over him, as PUDEMO and all revolutionaries who are serious about the freedom of Swaziland, we would have to remove all the animal carcasses that might be lying around so that the vultures can concentrate squarely on him, and him alone, to do to him as they so wish!

Therefore, we should always pronounce on international issue, condemn the wrong things. However, in so far as these murderous leaders like King Mswati are concerned, we must simply let them be tortured! They do not care about Africans. Why they should we go all our way to defend them?

Let Mswati be fried by the International Criminal Court! 

Kaizer Chiefs & Orlando Pirates dining & wining with the devil – Swaziland United Democratic Front

SUDF`s OPEN LETTER TO ORLANDO PIRATES AND KAIZER CHIEFS ON THE KING`S CUP PARTICIPATION

19 June 2015

“Dining and Wining with the Devil”

To Mr Motaung and Mr Khoza:

It is common knowledge, if not a fact, that many Swazis love and respect you two Gentlemen. Amongst the reasons which informs these undying belief in the two of you, is the fact that you have succeeded through your sacrifices, leaderships and Art of Organizing, to have us the two greatest soccer teams in Africa. You have proven to us and the entire continent that it is possible for Africans to Nurture talent, skills and assemble soccer teams so good that even the struggle for freedom in your own Country heavily relied on to wage the course for justice in South Africa under Apartheid.

The glorious names of Orlando Pirates and Kaizer Chiefs are too precious, glorious and Humble to be directly linked to the terrible litany of gross violations of everything African and Human today in Swaziland. To this; We the Swaziland United Democratic Front (SUDF), representing various pro-democracy formations inside Swaziland join other progressive forces to humble ask the two giants of soccer in Africa, to please cancel and further disassociate yourselves with anything to do with the so called King`s Cup scheduled for July 2015.

As such we beg for your indulgence dear comrades. Participating in the so called King`s Cup is tantamount to “Dining and Wining with the devil. “Swazis still live under Apartheid localized as Tinkhundla system of Governance. This hegemonic elitist Royal supremacy whose current public face is His Majesty the king for whom you are been lured into help face-lift has:

1.    Presided over not only the incarceration, but torture and Killings of not less than 65 Political activists over the past 47 years since British colonial yoke handed power over to Royalty, the latest been just in the past two weeks.

2.    Currently not less than 15 political Activists languishing in jail among whom is President of PUDEMO Mario Masuku aged 65 years, whose Health is in a dire situation as he is diabetic charged with flimsy charges of Terrorism for speaking in a May day 2014.We Know too well that particularly Mr Khoza has met and knows about Swazi Struggle through the President Mario.

3.    Has not only banned and proscribed PUDEMO but further maintained the 1973 ban on political parties. This has cascaded to the ban of trade unions as well as perpetual threat to shut down vocal civil society organizations. This is a clear demonstration of political hostility and utter levels of intolerance against democracy and respect for human rights. We are convinced any association with the King`s Cup will be a direct aiding of the last absolute Monarchy which is characterized by arbitrary use of force; extra judiciary killings; forced evictions of innocent poor Swazis and lawlessness. The King’s Cup is a desperate effort by this regime for recognition, attention and credibility. It seeks to use and abuse the great name of anyone who is not well versed about the atrocities and blood of the 1, 2 million Swazis.

4.    In December 2013 through the Royal Swaziland Police Force the State brutally attacked mourners during memorial service in the Lutheran Church in Manzini who had convened to pay their last respect to Dr Nelson Mandela upon his death.

5.    Moreover the Monarchy through its appointed Government has despicably failed to support sports nor to develop a credible environment for nurturing of talent and skills of Swazi Youth. In fact only R7 million of the national budget goes to sports when the King alone slice nothing less than R2.8 billion of the national budget this year 2015 alone.  Surely your conscience must speak to you dear Pirates and Kaizer Chiefs, The world supported the struggle for the boycott of South Africa under Apartheid in all sporting codes which gave incredible impetus to your course for freedom today. “Umuntu ngumuntu ngabantu”

We hope that you will find it in your hearts to stand with the poor and Oppressed masses of our beloved Country Swaziland.

Yours in the Struggle for democracy and Justice in Swaziland

Wandile Dludlu

(SUDF Coordinator)

25058926
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#KingsCupMustFall: Swaziland Solidarity Network’s letter to Orlando Pirates and Kaizer Cheifs

To:       Dr. Irvan Khoza- Chairman -Orlando Pirates Football Club 

Mr. Kaizer Motaung – Executive Director- Kaizer Chiefs Football Club

RE: SOWETO GIANTS SHOULD NOT SPOIL THEIR RICH HISTORY BY HONOURING A TINPOT DESPOT.

When the current manager of the English national team, Roy Hodgson, was appointed into his post his past was brought up to remind the public of the social role that sports personalities cannot escape. At the height of Apartheid, Hodgson had naively and insensitively allowed himself to be used by the Apartheid regime in its public relations tactics to reverse its pariah state status by participating in a football match.

Today human rights violations continue and despotic regimes still desperately seek unsuspecting sports and music personalities to use as pawns. Where this unfortunate situation exists, the conscientious world has responded by boycotting and isolating these ignoble regimes.

King Mswati is one such dictator and he has found perfect pawns in two of Southern Africa’s biggest sports clubs, Kaizer Chiefs and Orlando Pirates. These two African giants need to understand the blot they might have on their impeccable record of history, if they allow themselves to sell their souls and be ‘bought for thirty pieces of silver’ by participating in the forthcoming public relations hoodwink - dubbed Super King’s Cup, in Swaziland.

DESPOT

It has long been widely known in South Africa and beyond that Swaziland’s government has no respect for human rights and that the country has no political freedom. Swaziland is a dictatorship. It continues to evade the international media radar mainly because the country is so miniscule, with even less prestige internationally.

The country has no democracy at all. All power is vested in the monarchy, which rules by decree despite the existence of a worthless constitution which was imposed on the citizens ten years ago. As an absolute monarch the king only delegates his judicial, executive and legislative powers to powerless institutions which may make one believe that the country is run like modern state when it is in fact run like the king’s personal farm.

While there is no law that explicitly bans the formation and functioning of political parties, they are effectively rendered useless by the fact that they cannot contest state power as that power is vested exclusively in the king who appoints the prime minister, deputy prime minister, all cabinet ministers, a third of parliament, all senior civil servants and members of the diplomatic corps. As another king’s appointee, the country’s senate president recently pointed out, the king is the state.

KLEPTOCRACY

With all this power vested in him, the king of Swaziland has not held back on abusing it to fulfil his selfish personal greed. This has resulted in him forcing all major investments in the country to guarantee him and his family’s trust fund, Tibiyo, shares in their businesses. As a result of this he owns virtually half the country’s economy. Despite his hold on so much personal wealth the king still draws royal emoluments from the state which is over a fifth of the nation’s budget.

It is these kleptocratic tendencies which have resulted in the country’s economy growing sluggishly while the rest of the region’s economies make major strides. It is worth pointing out for example that the country remains the only one in the region with a sole mobile phone operator, MTN Swaziland, a company that retains its monopoly primarily because the king has substantial shares in it. All attempts by other companies to break into the market have been futile. This is perhaps the reason why some mobile phone operators may wish to sponsor an event like the Super King’s Cup in order to gain favour with the country’s despot.

HUMAN RIGHTS ABUSES

Human rights abuses in Swaziland are endemic because the people have no government of their own. At every level of society people are denied basic human rights. Political dissenters are detained arbitrarily or with spurious charges levelled against them.

Like the Apartheid regime, king Mswati’s regime has gone to great lengths to tarnish the image of those who call for democracy in the country and there are legal instruments that are used to achieve this end such as the infamous Suppression of Terrorism Act, which gave the country’s government legal authority to declare any entity as a terrorist organisation. Once declared terrorist organisations such formations are proscribed and any association with them results in severe sanction including harsh prison sentences.

It was due to this act that one political activist by the name of Sipho Jele was arrested in May 1, 2010 for merely wearing a T-shirt inscribed with the name of one proscribed entity, PUDEMO. He never lived to see his day in court as he died in custody possibly from police torture.

There are other oppressive laws also used to suppress dissent such as the law against sedition. The president of the same organisation (PUDEMO), Mario Masuku, and the Secretary General of its youth league, Maxwell Dlamini were also arrested in 2014 for what the state claims were seditious statements made at a Workers’ Day rally.

In the same year their arrest was followed by that of two columnists, Bheki Makhubu and Thulani Maseko who were charged and later convicted for criticizing the manner in which the then country’s Chief Justice had handled the detention of a government cars inspector.

They remain behind bars while ironically the Chief Justice and the presiding judge in that case have been arrested by the country’s authorities for abuse of power and corruption. The manner in which this arrest was conducted was also flawed as it saw the country’s prime minister appointing himself the state prosecutor withdrawing and reinstating charges against those who had been arrested in the state’s publicity stunt.

Political activists are not the only ones denied basic human rights as even those who choose to shy away from political involvement end up on the wrong end of the country’s suppressive institutions. Poor Swazis are evicted annually for one reason or another without compensation from their ancestral lands. All their attempts to seek redress from the courts are futile as the king is effectively above the law and therefore immune from prosecution or civil charges.

RESISTANCE

The most important thing worth considering about Swaziland is the fact that the country’s population has made sincere attempts to change the country’s governance. As already pointed out, these political activists are dealt with brutally which results in a general state of despondency and fear amongst the population.

Yet despite this general fear within the population, the country’s Mass Democratic Movement thrives underground and continues to mobilise the country’s population to struggle against the dictatorship. It is this brave population that convinced those outside the country to provide solidarity to the struggle in Swaziland.

BOYCOTT

It is in this spirit of solidarity with the people of Swaziland that the Swaziland Solidarity Network [SSN] appeals to the two teams, Kaizer Chiefs and Orlando Pirates, not to honour the invitation to participate in the Super King’s Cup. It is clear from the name of the event that this is not just a sporting event meant to promote goodwill but rather a political event meant to legitimise a despot who has lost credibility in the eyes of the world and the country that he rules with an iron fist.

A brief background has been provided into the reasons why being in bed with this despot will blot the two teams’ record in history but should they need further information our organisation is willing to facilitate a meeting with them to elaborate on these issues. The very least that they can do is to hear both sides of the story before making a decision on whether to participate in this one day political publicity stunt or not.

For more information please call comrade Lucky Lukhele at Tell: 011 339 3621 or cell: 072 502 4141 or myself at 082 886 5970.

In Solidarity

__________________________
Solly”Afrika” Mapaila- SSN- National Chairperson- [South Africa Chapter]

PUDEMO says: Orlando Pirates, Kaizer Chiefs and Vodacom are an embarrassment

ORLANDO PIRATES AND KAIZER CHIEFS ARE AN EMBARASSMENT TO THE PROUD TRADITIONS OF STRUGGLE IN SOUTH AFRICA

PUDEMO STATEMENT

WEDNESDAY 17 JUNE 2015

Two South African Soccer giants Orlando Pirates FC and Kaizer Chiefs FC, have entered into an agreement with the Swaziland government to partake in a tournament dubbed The King’s Cup, which is to take place in the month of July, 2015 in Swaziland. A South African company Vodacom is also part of the tournament as sponsor.

The Swaziland government has from 1973 governed through a dictatorial framework, resolute on disregarding calls for democratic governance which have been made on an ongoing bases by Swazis and the International community. From 1973 many Swazis have died at the hands of the government security forces, and more have been displaced through evictions sanctioned by the government in adhering to dictates of then King of Swaziland Sobhuza II and recently his son King Mswati III. Almost 70% of Swazi citizens live under the poverty line of less than a dollar a day, while Mswati III’s preoccupation is buying private jets, luxury cars and touring the world with his throng of wives at the expense of the Swazi people.

Presently a number of political activists and human rights activists are languishing in jail for expressing their displeasure at the inequalities and the clamping down on freedoms which has been the order of things since Sobhuza II repealed the independence constitution in 1973 and decided to rule by decree.

The Peoples United Democratic Movement (PUDEMO), implores the two soccer giants to reconsider their decision to be involved in a tournament that seeks to put a Human face on a government that has made it its prime occupation to govern the people with fear and dispossession. The fact that the tournament’s namesake is to honour an individual who uses fear and corruption to accumulate riches which he then uses to further suppress freedoms and curtail human rights, should be an indicator enough that the good game of soccer is being taken to the sewers, and this tournament will forever taint the good name of these two soccer giants for having dared to give credibility to a king who sits executive over cold blooded murder and the incarceration of innocent citizens.

PUDEMO as a leading political formation in calling for democracy in Swaziland has come to the conclusion that the tournament is nothing but a desperate attempt to legitimise the king and his corrupt government, who is under immense pressure both locally and abroad to institute reforms that will result in a democratic government which adheres to the rule of law and respects human rights.

Such pressure was exerted recently by the United States of America (USA) which has excluded Swaziland from a very beneficial trade agreement, dubbed AGOA, because Swaziland refuses to institute reforms that seek to ensure that it becomes democratic. European Union (EU), has also recently called for the release of human rights activists Thulani Maseko and Bheki Makhubu who are presently incarcerated for having talked against the abuse of the judiciary by now former Chief Justice Michael Ramodibedi. The 104th International Labour Organisation (ILO) conference which recently concluded also put Swaziland back into the ‘special paragraph’ for refusing to adhere to convention 87 which has to do with the rights of workers.

For the two soccer giants to partake in this tournament will be a mockery to the many activists that have died at the hands of the government and those who are presently languishing in jail for having dared to talk against the atrocities obtaining in Swaziland. It would be a mockery to the throngs of Swazis who live in acute poverty. It would be a mockery to the death of Dr. Gabriel Mkhumane who was gunned down in cold blood by the government’s assassins. It would be a mockery to Sipho Jele who was found hanging from the ceiling in one of Mswati’s jails. It would even be a mockery to Solomon Mahlangu who died calling for freedom which is what political activists are calling for in Swaziland.

A few days ago a Mozambican Ronaldo Luciano Zavale died in custody in what is reportedly murder. He was reportedly murdered through the favoured suffocation style of torture which is widely used by the Swaziland Royal Police. If the two Soweto soccer giants decide to partake in this tournament, they would be walking into a pool of blood of innocent citizens and in partnering with murders, they would themselves be partaking in the slaughter of those that dare speak against the atrocities perpetrated by the tinkhundla regime.

PUDEMO also calls upon the throngs of fans of the two soccer giants to stand with the Swazi people in their time of need, and add their voices into calling for the abstinence from this tournament of shame which seeks to muddy the good name of soccer by rendering it a tool to legitimise dictators. We would also like to remind all concerned that the present Swazi regime is partly the brain child of the apartheid regime which massacred many innocent South Africans. When apartheid came town like the lump of shame that it was, Swaziland continued to perpetrate oppression which continues to present day. 

Released by PUDEMO Secretary General

Contact person: Brian Ntshangase (National Spokesperson)

Tell: +27 81 091 2364

pudemoinfo@gmail.com

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