By Bongiwe Dlamini

MBABANE: Eswatini King and the Government wants South African Judge to rule that exiled journalist Zweli Martin Dlamini committed terrorism by reporting about the Swaziland International Solidarity Forces(SISF), News24, a South African publication reported on Wednesday.

In 2021, Eswatini -the last absolute monarchy in Africa - was rocked by a series of pro-democracy protests. A subsequent crackdown killed dozens of civilians.

Now the Eswatini monarchy and its government have asked the Mpumalanga High Court to rule that an exiled journalist they accuse of defaming them with dozens of "wildly improbable" stories is guilty of terrorism. 

News24 further reported that, the eSwatini King and Government also want the court to order that Swaziland News editor Zweli Martin Dlamini can only publish stories on them after they have seen the articles and been given seven days to respond to them.

Eswatini’s monarchy and government want a South African court to rule that an exiled Swazi editor and his online publication, who they accuse of defamatory and “wildly improbable" reporting, "have committed acts of terrorism”.

They claim that Swaziland News editor Zweli Martin Dlamini is guilty of terrorism because he and his publication "clearly support" the Swaziland International Solidarity Forces (SISF), a group aligned with an extremist faction of the Eswatini pro-democracy movement.

“According to Eswatini authorities, the SISF is guilty of terrorism - and, by extension, Dlamini and the Swaziland News’ allegedly favourable coverage of them amounts to “acts of terrorism". 

While lawyers for the Eswatini monarchy and state have slammed dozens of Dlamini's reports as potentially fabricated, human rights groups have increasingly raised alarm about the alleged violent repression of the pro-democracy movement in the country, which is Africa's last absolute monarchy.Three years ago, the tiny region was shaken by pro-democracy protests, which were followed by a violent crackdown that resulted in the deaths of dozens of civilians and triggered a political crisis.Two opposition lawmakers elected in a 2018 election were jailed and a third is in exile”, reads the News24 report.

According to Eswatini's monarchy and government, Dlamini and his publication have falsely claimed that King Mswati III and his allies “shoot and kill dozens of civilians merely for demanding democratic reforms".

These claims, they say, are “incendiary and are published maliciously as advocacy of hatred".

They further allege that such reporting "constitutes incitement to cause harm with the intention to incite a violent response, and to justify the actions of the terrorist organisation".

Because the Swaziland News was hosted online in South Africa, the Eswatini state argues,Dlamini and his publication have violated the provisions of South Africa's Protection of Constitutional Democracy against Terrorism and Related Activities Act Number 33 of 2004 - because they were involved in, among other things, trying to unlawfully overthrow the Eswatini government.

Dlamini has denied these accusations - and told the Mpumalanga High Court in Mbombela that the Eswatini government's litigation against him was driven by a desire to suppress his reporting "on the killing of civilians in Eswatini".

“This publication is the only voice of the people of Eswatini,” he told Judge Takalani Ratshibvumo, during an address where he stressed that "my life since I escaped Eswatini has been in danger" he said.

This regime is playing tactics. As you are aware, they have all the resources to fight [an] online publication that is reporting to the world what is happening in Eswatini.

He also argued that the human rights violations in Eswatini were well-covered “in most international reporting and human rights reports". 

“My only sin, My Lord, is to write about the killing of civilians in Eswatini, whereby… the Eswatini regime is refusing to subject [itself] to a political dialogue and allow the citizens to elect their own government," he said.

Amnesty International last month raised alarm about the fact that the 2023 murder of Eswatini human rights defender and lawyer Thulani Maseko, who was shot dead by gunmen at his home after attending a football match with his family, remains unsolved.

Maseko's murder came amid an escalation in attacks on critics of the Eswatini state, many of whom had called for political reforms in the country or, according to Amnesty, "exposed abuses of power".

The day before Maseko was killed, King Mswati III reportedly said those calling for democratic reform in the country would be “dealt with".

Just hours before the lawyer was murdered, the king also reportedly warned activists who defied him not to “shed tears” about "mercenaries killing them".

In court papers, Mswati's government is, however, adamant that Dlamini and the Swaziland News have published multiple defamatory reports about the king and his administration. 

Eswatini's monarchy and government were particularly aggrieved by articles that claimed, among other things, that Mswati had been accused of "stealing land", "looting” the pension fund, "defrauding the Swazi Nation in a multibillion shareholding deal to take over Sun International Hotels” and “being a powerful and dangerous dagga dealer".

The government further accused Dlamini of defamation for claiming that the Eswatini army commander was plotting to kill him-and alleging not only that the king had given orders for the assassination of two MPs, but that he had a "secret ritual killers’ syndicate that travels around the country" and harvested "human body parts".

It said these articles it complained about contained “wildly improbable claims and exaggerations which on the probabilities have simply been fabricated by ZM Dlamini and the Swaziland News in order to advance their campaign of defamation and crimen injuria" against it.

According to its court papers, the country's monarchy and government are not required to show that Dlamini's reporting is false - but just that it damages their "good name or reputation".

It was for Dlamini and the Swaziland News to defend their reporting on the basis that it was true and in the public interest, the Eswatini government said.

They want the Mpumalanga High Court to interdict Dlamini and the Swaziland News from “publishing false allegations against King Mswati of Eswatini and the soldiers and police of the Eswatini government in relation to the terrorist activities of an organisation known as the Swaziland International Solidarity Forces (SISF)".

The SISF is a group aligned with an extremist faction of the Eswatini pro-democracy movement and has claimed credit for attacking major construction sites in its efforts to force Mswati to abdicate.

Eswatini's monarchy and government also want the High Court to order that Dlamini and the Swaziland News can only publish stories on them after they have seen the articles and been given seven days to respond to them.

On Tuesday, Dlamini asked for a postponement of the matter so that he could secure lawyers.

He said he had parted ways with his previous legal representatives, who were acting for him on a pro bono basis, because of a difference of opinion on his security concerns.

He was, however, adamant that he would not agree to stop publishing stories on Eswatini’s leadership prior to the hearing of the case, as was suggested by Eswatini's advocate, Greg Harpur SC.

"This is a matter that is about the freedom of the media and I want to state categorically and before this court that I'm not seeking to make a commitment that I will stop writing articles just because, in the opinion of the legal representative of the Eswatini government, they deem that as criminal defamation," Dlamini said.

Ratshibvumo said he was not convinced by Dlamini's argument on why the case should be postponed, but nonetheless agreed to delay the hearing because he believed that the matter was “important" and required legal input from both sides.

"This is a very important case and it raises issues of great importance, not only in terms of freedom of expression, the right of the media to publish stories on events that are of interest to the public, but it's also an important case when it comes to the international law,”  the judge said as quoted by News24.

Dlamini has until 26 February to secure new lawyers.