SALC is supporting three individuals who were charged with sedition for allegedly participating in a march that encouraged Swazis to boycott the 2013 national elections. The definition of seditious intention in the Sedition and Subversive Activities Act is extremely broad and vague, and this lack of clarity over what conduct is prohibited has enabled Swazi authorities to use the law to suppress legitimate dissent.
The three individuals are accused of contravening section 4(a) of the Act which prohibits conduct that attempts to “bring hatred and dissatisfaction against the Swaziland government and the administration of justice”, and section 4(e) of the Act which prohibits the display of “seditious publications”. All three were granted bail in 2013, and have not yet received a trial date for the commencement of their criminal trial.
The constitutional challenge was filed in June 2014, and was initially before court in September 2015. Due to time constraints it was postponed to 8 and 9 February 2016 for the finalisation of oral arguments. Judgment was delivered on 16 September 2016.
On 13 August 2024, the Eswatini Supreme Court handed down its long-awaited judgement in the case of Prime Minister of Eswatini and Another v Thulani Maseko and Six Others [2024] SZSC 88. The case is a consolidation of 4 cases brought between 2008 and 2014, which all challenged provisions of the Sedition and Subversive Activities Act of 1938 and the Suppression of Terrorism Act of 2008. The Supreme Court upheld both laws, albeit with a more restrictive reading of the offence of sedition to include an element of violence or disorder.
Court Papers
4th Respondent’s Answering Affidavit