SWAZILAND: Mario Masuku is acquitted
Bhekie Matsebula | 22.08.2002 21:30
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There were repeated shouts of "Viva Comrade Mario, Viva Pudemo" as Justice Josiah Matsebula pronounced the final verdict that the state failed dismally to prove its case.
"This is not my freedom, but the way forward for the freedom of the people of Swaziland who are living in oppression," he told his supporters who had already grouped outside the court premises soon after his acquittal.
Accompanied by his wife, Thembi, Masuku refused to board a car organised by one of his supporters, the latest Audi model,saying he wanted to meet his supporters first before going to the Matsapha Maximum prison to collect his items he left in the morning.
Scores of executive members of various political, human rights and union formations accompanied him to the gate where armed police police struggled to control the overjoyed supporters of the leader who has been in custody for over 10 months.
Outside the court premises he joined his supporters in singing political songs and then addressed them. In his short speech he called for more pressure on Swaziland to submit to the winds of democratic change in Swaziland.
"The powers that be in the country are now shaking and I must warn you that you must be ready for persecution as the regime, I know, is now thinking of more intimidatory tactics against dissent," he said.
Whilst he was addressing the supporters police came in with sjamboks and threatened to assault them if they did not disperse, but the supporters with their courage against police threats resisted to disperse. The situation nearly became ugly when Masuku finally boarded the car, which was escorted by the supporters who continued with their singing of political songs.
Police followed from behind watching for any traffic disturbances. But this did not help them at all as motorists became interested, not only the "help" provided by the police, but on Mario Masuku who was seated on the back seat of the Audi with his wife, Thembi.
Street vendors and other people were more eager to see "the Mario Masuku" and when they saw him they cheered in jubilation. As he drove through town to a conference centre where he held a press conference, cars, buses and minibus taxis stopped with passengers and drivers pausing to see "the Mario Masuku".
As Masuku's car got into the centre of town one would have thought it was "Gaddafi" again in town. Shops and other businesses shut their shops and employees together with their owners went outside to watch the spectacle.
Near the Omni Centre where Masuku held the press conference a large contigent of police officers were found waiting for any trouble that may happen. The Pudemo and other political parties supporters would not be deterred at all. They were there to witness the opposition leader out of his car together with his wife, Thembi. It was there that again trouble started with the police.
Police tried to stop Masuku's supporters from going across the road to the conference centre. It was after Masuku called for calm to his supporters that the situation came under control. But the police nearly took a wrong decision when they met and decided to attack the demonstrators. Masuku's supporters ganged up again and then proceeded inside the complex in anticipation of an attack by the police who were wielding sjamboks and teargas carnisters by then.
The situation was saved by the secretary general of the Swaziland Federation of Trade Unions (SFTU), Jan Sithole who pleaded with the Pudemo supporters including the police to behave themselves. After the press conference, there was another confrontation as the police started "intimidating" some members of Pudemo and the situation nearly became ugly when the police wanted to take away one of the organizations' supporters.
Again Sithole had to intervene and the supporters dispersed peacefully. Masuku, the Pudemo president, was charged with uttering the words "Phansi Ngembuso WaMswati", literally meaning that "down with the reign of King Mswati".
Judge Matsebula observed in his judgment that the onus laid on the state to prove the context these words were uttered as provided for in the Sedition and Subversive Act of 1938 under which Masuku was charged. He said the state witnesses made a blunder when they stopped the march that was to be undertaken by the Swaziland Democratic Alliance (SDA), which Masuku is an executive member.
Judge Matsebula, who was very realistic on the merits of his decision, said the police witnesses erred by not recording the entire speech allegedly made by Masuku. He said the most disgusting issue in the evidence made by the witnesses was that they all conceded that Masuku never intended to call for the downfall of King Mswati III, but to have him remain a constitutional monarch and that he should be above reproach.
Judge Matsebula went on to condemn the police for a poor job when investigating the matter pertaining to the charges, warning the police that in future they should not act on instruction from faceless authorities, but on the provisions of the law. He said the way the police conducted themselves in the investigation of the case was embarrassing such that they gave the accused the credibility, which the court found that what the accused testified was more substantial than what the police testified.
Judge Matsebula said it was clear from Masuku's evidence that the petition, which Masuku and others wanted to deliver to the Prime Minister, Sibusiso Dlamini, did not contain any seditious statements. He said he had gone through the petition and found that it was in compliance with the provisions of the Sedition and Subversive Actions Act of 1938.
"As a result I find that the crown has failed to prove its case beyond reasonable doubt and the accused is subsequently discharged and acquitted forthwith," he pronounced, much to the jubilation of the more than 500 supporters of Masuku.
Bhekie Matsebula
e-mail:
swazis@union.org.za
Homepage:
http://www.swazis.org.uk/~aug02/acquitted.html