SEDITION/TERRORISM CHARGES DISMISSED AGAINST LEADER OF

UNCLAS MBABANE 000250 SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV KDEM WZ SUBJECT: SEDITION/TERRORISM CHARGES DISMISSED AGAINST LEADER OF BANNED SWAZI POLITICAL PARTY REF: (A) 08 Mbabane 297 (B) 08 Mbabane 356 (C) Mbabane 139 ¶1. SUMMARY: On September 21, High Court Justice Mbutfo Mamba dismissed terrorism and sedition charges against Swaziland's best known dissident, banned political party leader Mario Masuku, citing poor evidence presented by the prosecution. The hearing, which came ten months after Masuku's arrest and imprisonment, demonstrated government's use of detention to silence political opposition, as well as an expression of the independence of the judiciary. END SUMMARY ¶2. On September 21, High Court Justice Mamba dismissed terrorism and sedition charges against Mario Masuku, the leader of the banned political party People's United Democratic Movement (PUDEMO). PUDEMO was declared to be a terrorist organization under definitions in Swaziland's 2008 Suppression of Terrorism Act. After the crown rested its case on the first day of trial, defense moved to dismiss the case due to the poor evidence offered by the prosecution, and the High Court concurred. Upon learning about the ruling, post issued a press statement extolling the High Court's handling of the matter. ¶3. Masuku was charged under both the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938 for statements he made in 2008 at the funeral of M.J. Dlamini, one of the alleged bombers who died in September 2008 when an explosive device prematurely exploded under a bridge near one of the king's palaces. During the trial, prosecution and defense focused on Masuku's 2008 statement that "they will continue to bomb structures of the government," and asked witnesses whether "they" indicated Masuku and members of PUDEMO, or whether the statement was simply a prediction of what would happen in Swaziland if the government did not make profound structural changes. ¶4. Masuku was arrested on November 15, 2008, and remained in jail for ten months pending his trial, attracting significant international attention. After his arrest, the PUDEMO president chose not to pursue bail in order to pressure government to bring the case to trial. In other similar cases, suspects released on bail have gone years without courts hearing the cases. ¶5. COMMENT: The case against Masuku demonstrated government's use of arrests to try to silence political opposition, a tactic which this time backfired. In ruling against the crown, the High Court demonstrated its independence, which the monarchy has not checked in the last year. The government's case was weak and the prosecution knew it; the government's team was no match for Masuku's high-powered South African lawyer, Norman Kades. Given Masuku's international renown, the Swazi government is unlikely to detain him again without solid grounds. IRVING