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SSN: Statment by Solly Mapaila, Swaziland Solidarity Network chairperson, open letter to Home Affairs Minster Malusi Gigaba (23/07/2014)

Minister Malusi Gigaba
Minister Malusi Gigaba

23rd July 2014

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I have taken the hard way to respond to your rejection of asylum status to our comrades among the leaders whose asylum request was rejected and are facing deportation includes the CPS General Secretary, International Organizer, and National Deputy Chairperson. .  To be honest we are unhappy at the decision and request you to apply your mind to the consequences of your decision.

We write to provide a brief political situation in Swaziland which you can verify on your own. We as the Swaziland Solidarity Network [SSN] have been in support of Swazi exiles and struggle for democracy in particular with all progressive organizations led by The People’s United Democratic Movement [PUDEMO]. We recognize them as exiles because of the persecution of PUDEMO, CPS, and the Swaziland Youth Congress [SWAYOCO], Swaziland National Union of Students [SNUS], and progressive formations.

To this end these comrades has been subjected to torture and persecution by the Royal Tinkhundla government. There were detained and tortured by the Royal Swaziland Police a number of times.

We kindly request the South African government to grant them a refugee permits as their lives are in danger in his own country.

We find the reasons for rejecting the asylum status to the comrades really without any thought of the relevant circumstances and outside the legal framework given the political situation in Swaziland.

THE CURRENT SITUATION IN SWAZILAND
Swaziland has been under a state of emergency since April 12, 1973, with the proclamation of the King’s decree banning all political parties, all freedoms and liberties including freedom of assembly, association and expression, and enjoining the royal army and royal police to take charge of affairs through the traditional system called Tinkhundla. Since then many activists have died, arbitrarily arrested, tortured and killed by the autocratic regime’s police and intelligence services.

There have been two treason trials for political activists under the banner of PUDEMO who sought to bring about a democratic dispensation.

For your brief information the situation in Swaziland is gravely serious for all political activists, with the leadership much more at risk. The autocratic Swaziland regime has recently outlawed the already banned PUDEMO and its youth wing SWAYOCO, and the SSN itself.

This second banning is due to the recently passed legislation banning all political opposition and in particular PUDEMO and the above mentioned as terrorists. This is the Swaziland’s Suppression of Terrorism Act of 2008. Your rejection of this comrade’s application is to collude with the autocratic regime of King Mswati III.

The President of PUDEMO, Comrade Mario Masuku, has been in jail since November, 2008, and only had his first pre-trial appearance in August, 2009. Many activists have been arrested just for wearing PUDEMO or SWAYOCO t-shirts and or pronouncing its name in public. A case in point here is comrade Sipho Jele who was arrested on May, 1, 2010, and murdered by the Royal Swazi Police for wearing a t-shirt with the words ‘PUDEMO’ on it. His funeral was openly stopped by the Royal Swaziland Police and this was widely reported by the world media. It is worth mentioning that even the current President of SWAYOCO is currently under arrest together, together with other members of PUDEMO, under the Suppression of Terrorism Act.

So, the reasons for rejecting the status cannot be within the confines of our laws in South Africa and even International Law which is also binding upon us. There is a deliberate distortion of the laws as interpreted at best or absolute disregard for the truth at worst, for which we respectfully request your office to rescind its decision.

It is only fair that your office grant the comrade a well deserved status to protect him from arbitraries and lack of the rule of law by the authorities and even a possible death. If anything were to happen to the comrades, when you deny him the asylum, we will hold you and the South African government accountable and shall exercise our rights within the law, including international law.

Please spare us unnecessary fights and do your work properly, abreast yourself of the situation in Swaziland before you reach such despicable conclusions.

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