Keypoints:
- Amnesty declares Eswatini MPs prisoners of conscience
- Mabuza and Dube jailed for peaceful activism
- Rights group demands repeal of repressive laws
AMNESTY International has condemned the continued detention of two Eswatini Members of Parliament, Bacede Mabuza and Mthandeni Dube, declaring them prisoners of conscience on the fourth anniversary of their arrest. The organisation says the MPs were imprisoned solely for peacefully advocating democratic reform and expressing dissent.
‘The imprisonment of MPs simply for speaking out is a red line that must never be crossed,’ said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa. ‘Authorities must quash their convictions and sentences and immediately and unconditionally release them. Eswatini must bring its laws in line with international human rights standards.’
Lawmakers jailed under anti-terror and sedition laws
Mabuza and Dube were arrested on July 25, 2021, after calling for constitutional change and broader democratic freedoms. They were tried and convicted under the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938—legislation criticised for its vague language and potential to criminalise peaceful activism.
On July 31, 2024, the High Court sentenced Mabuza to 85 years and Dube to 58 years in prison. Amnesty argues that the charges were politically motivated and their lengthy sentences represent an abuse of the justice system.
‘By designating Bacede Mabuza and Mthandeni Dube as prisoners of conscience, Amnesty International affirms that they should never have been arrested in the first place,’ said Chagutah.
Government defends judicial process
In response to mounting international criticism, the Eswatini government has strongly defended the convictions. Speaking to the Voice of America (VOA), the then government spokesperson, Alpheous Nxumalo, emphasised that the judicial process was conducted in line with the country’s Constitution and legal framework.
‘Justice, when it is being discharged, doesn’t always come with a smiling face,’ Nxumalo said. ‘The important thing is that it is delivered through the provisions of the law and the Constitution, which guarantees the rights of everyone who has been sentenced.’
Nxumalo noted that the MPs were tried in open court, had access to legal representation, and that international observers were present. He underlined the existence of a right to appeal, affirming that the rule of law and separation of powers in Eswatini remain intact.
‘Eswatini’s government operates on a modern structure with a clear separation of powers between the legislature, judiciary, and executive,’ he stated. ‘The judiciary’s independence is integral to our system, and it cannot be manipulated by the executive to serve political ends.’
Nxumalo dismissed claims that the trial amounted to judicial harassment. ‘Their trial was transparent, and the right to appeal remains available to them within our constitutional framework,’ he added.
Sovereignty and judicial independence at stake
Addressing criticism from the US Embassy and Amnesty International, Nxumalo called for mutual respect for sovereign legal processes. Drawing a parallel with legal outcomes in the United States, he said:
‘We remind the embassy of the sentences that were handed down by American courts to those who were perpetrators of the January 6th riots in Washington. We did not criticise them because we believed that the independence of the American court satisfied itself that the suspects deserved the sentencing.’
He concluded with a call for measured and informed engagement from Eswatini’s partners:
‘Constructive criticism should be based on an understanding of our legal framework and processes.’
Ongoing tensions over political freedoms
The continued imprisonment of Mabuza and Dube remains a flashpoint between the Eswatini government and the international community. While human rights groups argue that the MPs are victims of repression, the government insists the rule of law has been upheld.
As the situation develops, attention is expected to remain focused on the delicate balance between national security, legal sovereignty, and the need to protect civil and political rights in the kingdom.
