Global outcry over murder of prominent eSwatini lawyer

eSwatini human rights lawyer Thulani Maseko was yesterday laid to rest at his home in kaLuhleko village. His memorial and funeral was attended by activists from several southern African countries, lawyers, UN officials and foreign diplomats. There were no representatives from the eSwatini Government or the monarch. Legalbrief reports that Maseko, who was also the chairperson of the pro-democracy Multi-Stakeholder Forum, was fatally shot at his home in Luyengo, a town 35km east of Mbabane nine days ago. Maseko’s widow, Tanele, described the horror of sitting in their living room with her husband and their sons when he was shot. ‘That night felt like my chest had been opened and my heart ripped apart,’ she said, speaking with her face covered by a black veil. She explained that he had refused to go into exile like other pro-democracy leaders, once telling her that ‘if they want me, they know where to find me, here at home’.

The Daily Maverick reports that Maseko’s murder has been condemned by hundreds of organisations. They include the UN High Commissioner on Human Rights; the UN Secretary General, Antonio Guterres, the African Commission on Human & Peoples Rights, the Africa Judges & Jurists Forum, the Commonwealth Lawyers Association, the Crisis in Zimbabwe Coalition, the International Commission of Jurists, Freedom House, the SADC Lawyers Association, the Southern African People’s Solidarity Network, the SA Council of Churches, the SA Human Rights Defenders Network, Human Rights Watch, Human Rights Forum and Amnesty International. News24 reports that the US has called for an impartial probe into the killing. ‘We offer condolences to his family and friends and we call for a full, transparent and impartial investigation, as well as accountability for those responsible,’ said State Department spokesman Ned Price. Civil society organisations have also called on SADC and the AU to encourage the eSwatini Government to do a thorough and independent investigation. ‘The commission urges the government of the Kingdom of eSwatini to set up an independent inquiry to investigate the murder of Advocate Maseko with a view to apprehending, prosecuting, and punishing those found responsible for his death,’ the AU's Commission on Human and People's Rights said. The Botswana National Front has called for the immediate suspension of eSwatini from SADC. Maseko was the leader of the Swaziland Multi Stakeholder Forum, a grouping of civil society and opposition parties calling for a boycott of eSwatini's elections this year.

The New York Times reports that the government has forcefully denied accusations that it was the work of the security forces of King Mswati III, who has ruled the country for more than three and a half decades. The king appoints the Prime Minister and a large portion of lawmakers, and has the power to dissolve Parliament. The lavish lifestyle he and his family lead has angered many of his subjects, who live in severe poverty. After eSwatini was convulsed by the worst riots in its post-colonial history 18 months ago, the country has remained on edge as activists have advocated democratic reforms, and as several police officers or soldiers have been killed. Protests and work strikes occur sporadically, and they are sometimes quelled with violence by the police and military.

Maseko, the youngest of eight children, was born in Bhunya, in the western part of the country. After obtaining a law degree from the University of Swaziland, he studied international law at the American University Washington College of Law in Washington. The New York Times notes that he established his own law practice in eSwatini and organised legal groups focusing on democracy and human rights. In 2014, Maseko and a prominent Swazi journalist were sentenced to two years in prison after publishing articles criticising the country’s judiciary as lacking independence. They were released the following year after the Supreme Court overturned their convictions. Maseko recently led the Multi-Stakeholder Forum, a coalition of political parties, religious organisations and civil society groups that pushed hard for democracy in eSwatini.

Whatever the Swazi Government might say, everyone else, including the EU, the UN and numerous NGOs, are seeing the killing for what it was: an assassination. In a Daily Maverick analysis, Mark Heywood notes that the killers who fired the bullets were not the only people who must be held responsible. ‘In law, there is a term, dolus eventualis, defined as ‘an intent in which the perpetrator foresees an outcome as a possibility and continues with it’. In this case, the perpetrators of Thulani’s death are those whose quiescence with the regime made it inevitable. It is the outcome of inaction by various parties and powers responsible for protecting human rights and life. It is intent by omission. Mswati is obscene in every way. He is one of the richest men in the world in one of the poorest countries. Informed estimates say he is worth $200m, yet about 60% of the population live below the poverty line. This anachronistic king behaves just like absolutist monarchs always have done over the ages.’