On December 10th, 2009 JusticeMaker Buhle Dube in Swaziland organized an event to honor the 61st anniversary of the Universal Declaration of Human Rights (UDHR).  The event was held at the FanCourt Guest House in Coates Valley Manzini in conjunction with The Centre for Human Rights and Development (The Centre), One Circle - a NGO that focuses on young women’s’ rights, as well as the University of Swaziland’s Students Law Society.  The goal of the event was to raise awareness on the importance of protecting human rights and to commemorate the significance of the UDHR.  The event also sought to encourage dialogue within the local community on human rights issues and to facilitate improved working relationships amongst members of the criminal justice system and legal profession. 

Attorneys Goodnews Dlamini, Knosinathi Manzini, Knowledge Manana, and law student Nomfanelo Kunene.

Despite the difficult weather conditions, 45 individuals attended the event.  There was a variety of participants from the community, including privately-practicing attorneys, public prosecutors, magistrates, police officers, law students, university students, NGO personnel, and other members of the general public.  This diverse group engaged in an open and honest dialogue on the issues of safeguarding human rights, as well as possible solutions that can be pursued to alleviate abuses.  The event commenced with an opening prayer conducted by Magistrate Joe Gumede, after which JusticeMaker Buhle Dube gave an in-depth presentation on the history of the UDHR and the achievements of his JusticeMakers project in Swaziland over the past year.  Dube’s presentation summarized the research, forums, and training sessions he had carried out on the problems community police in Swaziland are confronted with.  Presentations were also given regarding the Customary Court System and the efforts to monitor these courts to ensure that increased procedural protections are in place for the accused. In Swaziland there is a dual criminal justice system that has both Customary Courts and Magistrates Courts. Presided over by a court president, the Customary Courts rely on orally transmitted Swazi customs and the Swazi Courts Act of 1950 when producing their decisions. A parallel magistrate court system employing legal representation and western-style law codes also exists. The Customary Court System has corporal punishment such as caning, although no longer used in practice, remains on the books as a constitutionally viable sentence.

Magistrates Mdluli (left) and Gumede listening attentively during the event.

Following Dube’s presentation Khabo Dlamini from One Circle gave a presentation on the organization’s mission to empower women, to raise awareness on gender issues within Swaziland, and to disseminate accurate information on women’s rights and the plight of young women in society.  Dlamini spoke with concern for women who have been abused, and the need to create a facility to provide assistance to abused women who are fleeing their aggressors. Such facilities would be helpful to ensure these women are able to gain the skills needed for generating an income.  There were also discussions regarding the abuse of same-sex partners and the cultural concerns surrounding homosexuality which are present within Swaziland.  The discussion of homosexuality and gender issues sparked debates regarding Swaziland’s constitution, which prohibits discrimination on the basis of gender.  Finally, Mr. Gcina Mhlanga, the President of the University of Swaziland Students Law Society talked about the role of students in human rights advocacy and the importance of encouraging student interns to volunteer with human rights organizations.

One Circle’s Khabo Dlamini presenting during the event.

Funding for the event was received through fundraising efforts conducted at the local level and suggested donations of R50 - the equivalent of $7 per participant - were made.  Many individuals felt compelled to give even more money than the suggested amount, while others donated their skills, cars, time, energy and resources in an effort to ensure that the event was a success.  The law firms of CZ Dlamini Attorney of Matsapha, MH Mdluli Attorneys of Manzini, and Mkhwanazi Attorney of Mbabane pledged their commitment to assist in furthering The Centre’s goals and initiatives, and were then presented with certificates of appreciation for their support.

JusticeMakers Angelo Dube presenting a certificate of appreciation to Attorney Goodnews Dlamini of CZ Dlamini Attorneys.

Future plans were also made to host a ‘Summer School for Human Rights’ spanning three to five days, which would involve trainers throughout the Southern Africa region, as well as participants from Europe, Asia and the Americas, to train members of the legal community within Swaziland. There would be a focus in the trainings on the protection of human rights and techniques for public defense. 

As a symbolic measure each attendee was given a pink rose, tied by a red ribbon to a “thank you” card - thanking each individual for their attendance and commitment to human rights.  The rose symbolized the fragility of humankind, and the need to nourish this fragility with human dignity.  61 pink roses were prepared and given, in honor of the 61st year of the UDHR, which will now be a standing tradition at The Centre.  Next year 62 roses will be given to commemorate the 62nd year in 2010.  The pink roses were a touching and unique way to honor the rich significance of the UDHR, and to encourage people to renew that commitment each year by celebrating International Human Rights Day on December 10th.  Musical entertainment for the event was provided by Buddy Masango and guests dined to a dinner of abundant cuisines prepared for the special day.  Press coverage for the event was provided by The Times of Swaziland. 

Law students Mpilo, Gcina Mhlanga (President of the University of Swaziland Student Law Society), Mzandile and Nathi.

During workshops Buhle Dube and his JusticeMakers team held last weekend complaints from community police uncovered incidents of mob justice and torture. The team was in southern Swaziland at the villages of Matsanjeni in Lavumisa and Ngelane in Mazombizwe where incidents of prisoner abuse had been reported in the Times of Swaziland on 10 September 2007.

Above: JusticeMakers intern Sibusiso Nhlabaisi gives instructions for an exercise to a breakout group of volunteer community police officers during a workshop on prisoners’ rights and minimal force in the village of Matsanjeni in southern Swaziland on Saturday, June 27. (Photo by Nicholas Loomis)

Above: JusticeMaker Buhle Dube, a law professor at the University of Swaziland, speaks to a group of volunteer police officers in the village of Matsanjeni in southern Swaziland during a workshop on prisoners’ rights and using minimal force on Saturday, June 27. (Photo by Nicholas Loomis)

The first workshop was at Matsanjeni where MP Qedusizi Ndlovu arranged a meeting with representatives of the local chiefs and around 30 community police.

Mr. Qedusizi acknowledged the reported incidents as cause for the workshop.

“What happened was that a young guy stole a chicken and when they pounced on him maybe he resisted arrest but being not trained they used excessive force and the person died.”

Refuting the claims, community police blamed a splinter group, which, they claimed, had killed four suspects in mob style punishments.

Clarifying the confusion one community policeman explained the situation.

“We do torture but we do not kill. Four people have been killed by members of the community who claim to be police,” he said.

Above: A group representative presents a list of challenges facing the police in the village of Matsanjeni during a JusticeMakers workshop in the village on Saturday, June 27. (Photo by Nicholas Loomis)

In Ngelane, minutes away from the border with South Africa, the high crime rate has led some residents to desperation.

Community police have been arrested for abuse but policeman Mhlanga Simon insisted extreme measures were necessary.

“We’ve decided that if we find you stealing our cattle we’ll kill you,” he said.

Above: JusticeMakers grant winner and University of Swaziland law professor Buhle Dube speaks to a group of volunteer community police officers on the use of minimal force in detaining and questioning suspects in the village of Ngelane on Sunday, June 28. (Photo by Nicholas Loomis)

Poor co-operation with state police and the perceived inadequacy of the law to protect the community were also cited as reasons for the use of torture. Samson Mdluli the chief of police in Ngelane confirmed some of this.

“The community police arrest these criminals and bring them to the state police but the state police does not call the community police to come and give evidence,” he said through a translator.

The breakdown in communication has forced community police to take the law into their own hands Mr. Mdluli continued.

“That has led to the community police having no confidence in the state police and that has led us to say what is the use of arresting a criminal who is going to be free tomorrow so let us just thrash them. Even though we appreciate that is wrong but that is the only way to ease our vengeance against the crime,” he said.

Dube promptly stepped in to clarify when police could use force.

“If you apply maximum force you are wrong and against the law. No force can be used to punish but it can be used to arrest a dangerous subject. Only the courts can punish,” he said during the discussions.

Above: JusticeMakers intern and University of Swaziland law student Gugu Simelane, right, addresses the challenges faced by the community police officers of Ngelane, Swaziland during a workshop in the village on Sunday, June 28. (Photo by Nicholas Loomis)

The JusticeMakers, accompanied by Bayo Akinade, special counsel to Advocates International, of Pretoria held discussions with both communities and law students from the University of Swaziland gave presentations on the Swazi court system and constitution including the concepts of bail presumption of innocence and how to use the minimum necessary force.

Robert Mkhatjwa, the head of community police at Matsanjeni, claimed the workshop helped educate the community police.
“It has equipped us with the necessary knowledge as far as apprehending a suspect is concerned.

“For now we’ll be very cautious as we are apprehending suspects because we know the grounds and we know the law now thanks to JusticeMakers,” he said through a translator.

Above: JusticeMakers grant winner and University of Swaziland law professor Buhle Dube speaks to a group of community police officers in the village of Ngelane in Southern Swaziland on Sunday, June 28. (Photo by Walker Gunning.)

On a cold Saturday morning Buhle Dube and the rest of the Swaziland Justice Makers team journey to Ngwenya to lead a workshop on prisoners’ rights and the legal system for community police. A rural area famous for its glasswork, Ngwenya lies just short of the border with South Africa and has a high crime rate, especially theft.

Above: Bhule Dube, left, speaks to a group assembled at a church in Ngwenya, Swaziland as Alfred Magagula, right, looks on during a workshop on prisoners’ rights and abuse on Saturday, June 13.  (Photo by Nicholas Loomis)

In conjunction with the Municipal authorities Buhle, three of his students, Sibusiso Nhlabaisi, Ngeti Dube, Gugu Simelane and Alfred Magagula, his second-in-command, came as part of a series of workshops designed to teach the, often untrained, community police aspects of the law and how to conduct a proper arrest.

Hot tea and sandwiches were passed out as the police prepared presentations on their duties and challenges. The Justice Makers let Benjamin, the municipal liaison, lead the first half of the session before Alfred stepped up to field questions.

Above: A group consisting of villagers, police officers and government officials listens during a workshop on prisoners’ rights and abuse conducted by Justice Makers in Ngwenya, Swaziland on June 13.  (Photo by Nicholas Loomis)

While the audience was engaged and frequently shared laughs with the JusticeMakers they were reluctant to confront the issue of prisoner abuse. Finally Buhle stepped in to break the tension a task he has become familiar with.

“In rural communities they do not admit to torture. So we tell them look we have been around the country we know the only way to arrest an armed suspect is to beat them up. Then they say, ‘Yes, O.K. we beat them up.’”

Afterwards Buhle’s students gave presentations on the use of minimal force, presumption of innocence, and the court system, which elicited an enthusiastic response. Bhekie Dlamini, the head of the community police’s secretary, summarized the speeches’ reception.

“They were so inspirational. We had to ask questions and we got information and I think which we are going to take back to our community.”

Above: Alfred Magagula, top, works with a small group of police officers during a breakaway session at the workshop conducted by the Justice Makers team in Ngwenya, Swaziland on Saturday, June 13. (Photo by Nicholas Loomis)

Nor did the accolades end there. Also present was Ms. Barbosa, head of the Crime Prevention Unit for the Hhohho region. She described the session as a partnership workshop that identified a gap in training.

“You could just tell some of them were totally ignorant of how the law operates there’s still the normal people who haven’t been trained on anything on the law and how they should actually treat the suspects and go about cases. And so we’ll be conducting a brief workshop for those that haven’t been trained.”

These were the first words we heard upon arrival in Manzini, Swaziland’s largest city. Emerging from our minibus into the swarming chaos of the bus rank we found Gugu Simelane, a fourth year law student at the University of Swaziland and member of the Justice Makers team, waiting for us. Gugu was our link to Buhle Dube, a law professor at the University and head JusticeMaker.

Above: The bus and kombi (minibus) rank in the center of Manzini. (Photo by Walker Gunning.)

After whisking us through the streets to our accommodations we finally met Buhle and three more members of his team. Sibusiso Nhlabaisi and Phakama Shili are both second year law students in Buhle’s class while Alfred Magagula, the second in command, is a law graduate working for a local municipality. We would meet their fourth-year colleague, Ngeti Dube, later.

Above: The JusticeMakers team. From L to R Buhle, Alfred, Shili, Sibusiso, Gugu, and IBJ photojournalist intern Nick Loomis. (Photo by Walker Gunning.)

Buhle and the team have been conducting workshops across Swaziland with community police in an effort to raise awareness on human rights issues and to combat the use of torture and excessive force. Working in conjunction with local municipalities the JusticeMakers field questions and give presentations on the presumption of innocence, the court system, and proper procedures in making an arrest.

The JusticeMakers’ work is critical in a country where recent dialogues have been held on the question “Are human rights a myth in Swaziland?” and where some hold the view that human rights are “Un-Swazi.” Extreme poverty, 69% of the country lives on 65 cents or less a day, and the highest HIV/AIDS rates in Africa only exacerbate the situation.

Yet despite this Buhle is calm collected and frequently hilarious. His Justice Makers shirt proclaims “Justice Can’t Wait” but “Justice Never Sleeps” would be just as appropriate for this family man who wakes at 3AM each day. After a short meeting we discover our first workshop will be in three days time and say goodnight to the team before turning in ourselves. Journalists, it turns out, must occasionally sleep.

This past weekend Buhle and his team held two workshops in the southern part of Swaziland. On Saturday, they traveled to the Makhonza area where they held a workshop that was attended by over 70 people, many of whom were already acquainted with the law. The workshop covered the treatment of suspects while in custody and admissibility of evidence. The participants were very involved in the session and asked a lot of questions concerning the topics covered. During the workshop, Buhle’s team had some problems when they stated that the local chief, who was present at the event, had no power to preside over criminal disputes. Although the chief rejected their statement, Buhle’s team managed to uphold their position without any further problems. 

The next day, the team traveled further south to Lavumisa for another workshop. From the start of the session, Buhle’s team realized that the participants had very different attitudes than those who attended the workshop the day before. Believing that Buhle’s team was only made up of students who did not know the law, the almost all of the participants initially refused to talk and constantly requested the presence of the police station commander. However, dialogue eventually began without the police station commander’s presence and Buhle’s team was able to develop an understanding of the relationship between the community and state police and the negative feelings that prevailed between the two forces.

Buhle’s team recently visited the community of KaMkhweli to hold a training workshop with community police. Given the community’s rural location, Buhle’s team was expecting the participants to be less receptive and less interested. Despite this, the team was shocked at the participants’ indifference and disinterest. However, as more community police arrived, the attitude of the group began to change and the participants provided more open and detailed responses to questions asked of them. Even though the participants became more involved, Buhle’s team faced difficulties when the topic turned to excessive use of force on suspects. The participants stated that they did not engage in forceful tactics and merely followed the law when arresting suspect. Any further attempts of Buhle’s team to gather more information on the topic proved to be futile.

 

Despite these initial setbacks, the workshop concluded on a more positive note. The participants seemed to have an understanding of the legal process; however, Buhle’s team provided a refresher course on the subjects of private arrest, admissibility of evidence and presumption of innocence. By the end of the workshop, the participants started to relax and engage Buhle’s team in discussion. Through their discussion with the participants, Buhle’s team learned that the community police maintain a friendly relationship with the area station commander, which the team has found is not common in many of the communities they have visited.

Buhle and his team have been working to transfer a case to the magistrate court that was initially tried in the customary courts. The case involves a woman (the complainant) who followed her partner (the defendant) to the home of another woman with whom he had been having an affair. Upon arriving at the house of the other woman, the complainant was stabbed in the head by the defendant. The complainant reported the attack to the police and was then taken to the hospital, where she was not helped by doctors because the defendant  had left her and her child with no money. The accused was charged with assault and intent to cause grievous bodily harm; however, he was discharged at his hearing in front of the Matsapha Swazi Court. The Court concluded that the stabbing was the fault of the complainant  because she had left the house and gotten herself into trouble that was avoidable.

Buhle and his team felt that justice had not been served to the complainant. Since the hearing, they have been working with a law firm which has agreed to represent the complainant and take on the case pro-bono. As a result, the case will now be tried in front of the magistrate court instead of the customary court, where it had been previously tried.

Buhle’s team recently visited the Kaphunga Village area to train community police. They were taught about private arrest, admissibility of evidence, presumption of innocence and the Swazi judicial system. They were given a warm welcome by the local chief, who expressed his appreciation for their efforts to educate his people on matters of such importance. He even invited them back to conduct a workshop with the inner council members.

Buhle and his team, from right: Alfred, Sibusiso, Gugu, Buhle, Phakama and Tengetile

Despite this success, Buhle’s team has experienced some setbacks. They had scheduled a workshop on Monday, February 21st at the town of Big Bend, but it was suddenly cancelled without explanation. They managed to reschedule for the beginning of March, only to find that they had been cancelled yet again. One of Buhle’s contacts named Sabelo – who works with a grassroots youth empowerment organization in Big Bend – went to investigate the situation. From what he could gather, it seems that the problem with the team’s involvement stems from the local leadership. He was questioned by community leaders, who appeared very cautious and suspicious about his intentions, but eventually referred him to the Sphofaneni police station. While the station commander was agreeable enough, Sabelo was accused by some of the other officers of overstepping his bounds and prying into matters that do not concern him. They asserted that the trainings on human rights would not be good for the people, and they would not receive permission to hold them there.

A further setback includes the failure of State Police to grant Buhle and his team access to train the troops; however they are still in negotiations and hope to come to an agreement soon.

Swaziland operates under a dual legal system. in which only the most serious cases are tried by Magistrates courts. Those who are left to be tried before Customary courts are legally mandated to face the judge without the benefit of legal representation or the presentation of evidence in their favor. Buhle’s JusticeMakers team attended a Customary court session and introduced themselves to the court orderly, who also happened to be a police offer. She put them in contact with the police station commander, who was intrigued as to why they were interested in the Customary court as opposed to the Magistrates court, but ultimately welcomed them and gave them the go ahead to proceed with their mission in the jail.

Buhle’s team has reported a successful start to their project, having carried out two workshops educating community police on human rights. The first session was in the Mbhuleni township, where in the past local police have shown a tendency towards violence. The team discovered that although the police were aware of the concept of human rights, they had not been informed on what those rights entail.

A later session with the community police at Nu Village revealed that they not only think that the use of abuse and torture is acceptable, but that they, “really believe in the beatings”. They trained these officers on human rights legislation relevant to their jobs, for example the laws surrounding conducting a search and carrying out an arrest. At the request of the officers at Nu Village, the team have decided to compile a module on human rights legislation that they can distribute to these police officers and that can be used in future sessions.

In addition to beginning the workshops, Buhle’s team are well on their way to securing legal aid for prisoners who have been the subject of abuse and torture. They have succeeded in securing the help of two law firms that have agreed to provide pro-bono legal aid for two of these cases so that they can be transferred from the Customary courts to the Magistrates courts. Congratulations Buhle!

Congratulations are in order for our 2008 JusticeMakers fellows who have been featured in a recent article in the Swazi Observer. The newspaper highlights the efforts of a local JusticeMakers fellow, Buhle Angelo Dube, but also gives a brief profile on each of our other seven fellows.

Click here to see the full Swazi Observer coverage of the JusticeMakers 2008 competition.

Buhle is fighting to prevent corruption, torture and police brutality that occurs in the Swazi National Courts by challenging relevant cases and getting them transferred to the Constitutional Courts. He aims to amend the Constitution of Swaziland to prevent ordered canings as part of a sentence. He also hopes to get help from the media in raising awareness about these blatant violations of human rights. To view Buhle’s project proposal in its entirety, click here.

And that’s not all, last week we were delighted to hear that the Karachi Bar Association awarded one of our 2008 JusticeMakers fellows, Malik Tahir Iqbal, with a “Shield of Performance” for the achievement of winning JusticeMakers 2008, presented by the Chief Justice of Pakistan.

Tahir’s project targets the hundreds of children who are languishing in Pakistan’s prisons due to the inefficiencies of its Juvenile Justice System. These children are subject to inhumane punishment as well as torture, not to mention they are kept in the same prison facilities as adults which leaves them vulnerable to physical, mental and sexual abuse. Tahir’s long term plans include ensuring that juveniles receive necessary legal aid, keeping an accurate record of the number and condition of juvenile offenders, and supporting the opening of much-needed borstal and reformatory institutions. Click here to see Tahir’s JusticeMakers project proposal.

I think I speak on behalf of the entire IBJ team when I say we’re glad to see that the tremendous efforts of our JusticeMakers’ fellows are getting the recognition that they deserve from the international community!