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13 July 2021 | Story Sanet Madonsela | Photo Supplied
Sanet Madonsela is a double cum laude graduate currently finalising her master’s degree in Governance and Political Transformation. She was recently appointed as the Projects and Events Coordinator for the International Association for Political Science Students (IAPSS) and is a member of the South African Association of Political Science (SAAPS) Emerging Scholars Committee.

Opinion article by Sanet Madonsela, master’s student in Governance and Political Transformation, Department of Political Studies and Governance, University of the Free State,


In December 2018, the streets of Eswatini were filled with billboards proclaiming ‘Fifty years of peace, stability, and progress’ as the country celebrated its independence. While the king and a few others were in a celebratory mood, a large portion of the population was not. The reality was that 63% of the population lived below the poverty line, 28% were unemployed, while 200 000 people were dependent on global food aid to survive. The country has banned political parties since 1973 and has been criticised for the unhealthy working conditions of its sugar industry, poverty wages, and violent suppression. Over the years, the polygamous King Mswati III banned divorce and revealing apparel, while increasing the number of traditional rituals, of which the Umhlanga (the Reed Dance) is the most popular. During this ritual, young women perform for the court, some of whom would catch the king’s eye. It is worth noting that Mswati III owns 60% of the country’s land, in addition to shares in the country’s major luxury hotels, real estate, transport, mining, brewery, sugar, and dairy products. He lives in ostentatious luxury with his 15 wives. His personal wealth is estimated at R2,8 billion. This is in stark contrast to the R30 per day that 60% of the population live on daily. 

Calls for the abolishment of the monarchy

The current conflagration in the kingdom follows the death of a 25-year-old law student who was allegedly killed by the police. This unrest increased and eventually resulted in calls for the abolishment of the monarchy and replacing it with a democratic system of government. It is alleged that 60 people have been killed by members of the Royal Swazi Police Service and the Umbutfo Eswatini Defence Force, while billions of rand in damages have been inflicted during the current vicious crackdown. There are also allegations that journalists and pro-democracy activists are being tortured and abducted in the country. The current wave of repression is not new to Eswatini, as journalists, trade unionists, and other activists have been subjected to persistent repression under Mswati III. Under his rule, freedom of speech, assembly, and association have been limited, while dissidents have been arrested, tortured, and imprisoned. In an effort to quell the uprising, the government has engaged in further violent repression while at the same time shutting down the internet. The latter was deemed to be important, since Swazi activists would make use of social media to call attention to human rights violations, as well as using it to mobilise and co-ordinate their actions.  In all of this, the Southern African Development Community (SADC) and South Africa have remained silent. The internet shutdown was confirmed by the South African telecommunications giant MTN, stating that it had received a directive from the country’s Communications Commission. While this explanation might suffice, it is not that simple. Mswatini III is the largest independent shareholder of MTN Eswatini, and his eldest daughter, Sikhanyiso Dlamini, was appointed as one of the company’s local board of directors in 2012. To complicate matters, the late Prime Minister, Ambrose Mandvulo, was the former chief executive officer of MTN Eswatini. MTN and the royal family are firmly entwined while the impoverished Swazis languish under the yoke of oppression.  

SADC is unable to intervene

The SADC is unfortunately unable to intervene, given its own internal challenges – and one might even say – unwillingness. Years ago, the African Union’s standby arrangements tasked the SADC with creating a 3 000-strong rapid intervention force. It is safe to say that it did not do so and has been unable to intervene during the numerous previous crises in Eswatini, the dispute over the Okavango River between Botswana and Namibia, during the long ongoing tragedy in Zimbabwe, and the terrorist violence in northern Mozambique. Instead, they have been issuing statements. Their inaction in terms of Eswatini is hardly surprising. The SADC as an institution reflects the concerns of the political elite in their respective countries instead of Southern Africa’s beleaguered citizens, and as such, inaction and protecting the political elites in these countries is their want. The political opposition and civil society in Swaziland’s call for a more robust intervention has been met with a deafening silence. While a fact-finding mission has been sent, the nature of the crisis demands far more strident action from the regional body, which is simply not forthcoming.

It is worth stating that Southern Africa has failed to learn an obvious lesson regarding conflict. It is much safer, cheaper, and more effective to resolve small conflicts before they gain momentum. The lower-level protests in Eswatini should have been resolved before it turned into riots, damaging government buildings, shops, banks, and vehicles. The damage is estimated at R3 million. This crisis is now spiralling out of control. The common dominator in the country’s history of unrest is the lack of democracy. Instead of operating a multi-party system, the country insists on remaining an absolute monarchy – not a constitutional one. Pro-democracy activists in the country have vowed to intensify demonstrations until democratic reforms take place and all opposition parties are unbanned. 

South Africa has the ability to assist Eswatini

On a more positive note, South Africa has the ability to assist Eswatini in order to get out of its morass. It can intervene in the country, given its economic leverage that ranges from business to trade interests. Moreover, the intertwined marital ties between the Zulu and Swazi monarchies could assist with a Track 2 diplomacy to push the feudal kingdom to embrace a constitutional monarchy. Feudal despotism has no place in the 21st century.

For corporates such as MTN, there needs to be an understanding that putting profits above people is a sure recipe for further political instability, which will ironically undermine profits. In other words, short-term gains and medium- to long-term pains. What is desperately needed, is a new social contract in the kingdom that brings together the Royal House, the political opposition, and civil society, as well as the corporate sector. South Africa has a vested interest in securing such an outcome, as there is a strong likelihood that refugees will cross the border into South Africa should the conflict dynamics escalate. This is exactly what happened when Pretoria chose to pursue a policy of ‘quiet diplomacy’, in effect ignoring the crisis in Mugabe’s Zimbabwe, which resulted in millions of its citizens seeking refuge in South Africa. 

South Africa needs to act, and act urgently – together with its fellow partners in the SADC – to ensure that Swaziland does not go the route of Zimbabwe. Given the unfolding humanitarian tragedy, South Africa should partner with UN agencies and the international donor community to first bring about a cessation of hostilities, second, to provide humanitarian assistance, and third, to broker a long-term political solution to break the impasse. South African civil societies such as Gift of the Givers could assist with humanitarian assistance, while South African corporates could examine ways with their Swazi counterparts to kick-start the moribund Swazi economy.

 

News Archive

Minister praises the Faculty of Law
2009-02-13

 
At the launch of the Faculty of Law at the UFS's celebration of 100 years of jurisprudence, under the theme "Iurisprudentia 100", were, from the left: Judge Faan Hancke, Extraordinary Professor in the Department of Criminal and Medical Law and Chairperson of the UFS Council, Judge Lex Mpati, President of the Highest Court of Appeal, Mr Surty, Judge Hendrik Musi, Judge President of the High Court of the Free State, and Prof. Henning.
Photo: Stephen Collett
The Minister of Justice and Constitutional Development, Mr Enver Surty, has praised the Faculty of Law at the University of the Free State (UFS) for producing lawyers, academics, judges, etc. of great note.

Mr Surty was guest speaker this week on the Main Campus in Bloemfontein at the launch of the faculty’s celebration of a century of excellence in legal education, training and research at the UFS. The theme of the celebration is “Iurisprudentia 100”.

“The faculty has throughout its existence demonstrated its capability and capacity to produce scholars, legal practitioners, academics, judges, politicians etc, of great note. The university can take pride in the fact that, as an institution, you have done so well,” said Mr Surty.

Mr Surty said that our judiciary must be adequately qualified and it must be representative of our nation. “We must therefore have more aspiring judges in our midst and we must have a more representative judiciary – in race and gender. This is where an institution like the UFS can play an important role,” said Mr Surty.

Mr Surty also commented on the university’s engagement with its communities.
“The UFS has begun to recognise the importance of community engagement. Unless community engagement is part of your curricular activity we would not be able to produce the judges of the caliber we need who are better able to understand the social and economic context of our society,” he said.

According to Prof. Johan Henning, Dean of the Faculty of Law at the UFS, the faculty has a distinguished history of excellence in theoretical and practical legal education and training, which can be traced as far back as the establishment of the Grey University College in 1904.

Over the years, student numbers grew considerably and today the faculty has over 2 700 graduate and postgraduate students.

“The faculty prides itself on the fact that some of its students and lecturers went on to hold some of the highest offices in the country. Under its alumni are state presidents, ministers of state, administrators, judges of appeal, judges, rectors, professors and lecturers at the UFS as well as at other universities, advocates, attorneys and legal advisors – in private practice as well as in government,” said Prof. Henning.

The faculty’s “Iurisprudentia 100” celebrations will take place throughout the year with activities such as breakfasts for the various alumni groups of the faculty and a series of inaugural lectures. Cum Laude awards will also be
handed to Judge Lex Mpati, President of the Supreme Court of Appeal, and Judge Louis Harms, Deputy President of the Supreme Court Appeal. The celebrations will be concluded in November with a prestige dinner.

Celebration programme:

26 February 2009: Visit by Prof. Fernand de Varennes (of the Murdoch Law School, Perth, Australia),
13 March 2009: Breakfast for all candidate attorneys
18 March 2009: Breakfast for judges and Cum Laude awards
15 May 2009: Breakfast for labour law certificate alumni
11 September 2009: Breakfast for diploma alumni (CFP)
16 October 2009: Breakfast for attorneys and advocates
9-12 November 2009: Inaugural and public lectures
13 November 2009: Centenary dinner

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
18 February 2009

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