Judicial independence and the rule of law in Eswatini – a true test of democracy in practice

Post By Diaspoint | June 28, 2023

This is the keynote address at the inaugural memorial lecture at the Centre for Human Rights, Faculty of Law, University of Pretoria, in honour of its alumnus, the leading Swazi human rights lawyer Thulani Maseko, who was murdered in January 2023. The event was held in collaboration with the University of eSwatini’s faculty of law, the Law Society of Eswatini and the Coordinating Assembly of Non-Governmental Organisations.

Tanele Maseko, sons Nkonsenhle and Nkosivile, and colleagues, thank you for joining us to celebrate courage. The University of Pretoria, my alma mater, thank you for hosting this historic, revolutionary event.

Thulani Maseko came from humble beginnings. When he met Tanele, his wife, he declared up front that he had a duty as the only surviving son, to build a house for his mother. He built a four-bedroom house which remains the family home. Although as an African man he had conventional ideas, to Tanele he was a partner. He consulted her on all matters.

In 2008 he was arrested under the Suppression of Terrorism Act because he exercised his freedom of expression to call for memorialising two activists who had been killed because they were perceived to be terrorists.

Upon his release he went on a scholarship to the United States of America to study. Two years later, he returned. Their son Nkonsenhle was born on 31 March 2011. Much to his delight, Thulani’s birthday was also in March.

After their second son, Nkosivile, was born in 2015, Thulani devoted himself to community work, to educating the public about the differences between elections and selections. In 2018 he was arrested and jailed for 18 months for contempt of court; he had penned an academic article criticising the erstwhile chief justice. Once again, he was punished unlawfully for exercising his right of freedom of expression. On appeal, his conviction was overturned. Simultaneously, threatening rhetoric from the authorities escalated.

His final hours

Fast forward to Saturday, 21 January 2023. As usual Tanele dropped off their sons at soccer. Unusually Thulani insisted on Tanele spending the day with him. She accompanied him to his law practice in the city. He attended to his accounts. They went out to lunch. About 4.30pm they drove back home. On the way back, Thulani held Tanele’s hand, and repeatedly expressed his gratitude to her for loving him and their children. On arriving home, he checked the mango trees. Together they called their sons to have dinner.

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