Reacting to the continued delay in the hearing of the appeal by the detained opposition Member of Parliament, Mduduzi Bacede Mabuza, Amnesty International’s Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, said:
“Eswatini’s authorities are failing to safeguard the independence and integrity of the country’s courts – a failure illustrated by the persistent delay to hear Bacede Mabuza’s appeal. This undermines Mabuza’s right to access to justice and effective remedies including to an appeal to a higher tribunal.
“In recent years, the Eswatini courts have been unable to protect human rights, and advance access to justice in cases of persecution of opposition leaders, human rights defenders, activists, and journalists. Authorities must end any interference in judicial independence – whether direct or indirect, ensure respect for the human rights of everyone in the country and uphold the rule of law.”
Background
On July 15, 2024, MPs Mduduzi Bacede Mabuza and Mthandeni Dube were sentenced to 85 years and 58 years respectively, after being convicted under the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938. They were found guilty of allegedly inciting unrest during pro-democracy protests in June 2021. On June 1, 2023, after almost two years of arbitrary detention, they were convicted of terrorism, sedition, and murder. Mabuza’s case has been omitted from the court roll on three consecutive occasions by the Registrar of the Supreme Court, despite all required documents, including the Notice of Appeal, Record of Proceedings, and supporting pleadings, being properly filed.
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