Attorneys Goodnews Dlamini, Knosinathi Manzini, Knowledge Manana, and law student Nomfanelo Kunene.

Despite the difficult weather conditions, 45 individuals attended the event.  There was a variety of participants from the community, including privately-practicing attorneys, public prosecutors, magistrates, police officers, law students, university students, NGO personnel, and other members of the general public.  This diverse group engaged in an open and honest dialogue on the issues of safeguarding human rights, as well as possible solutions that can be pursued to alleviate abuses.  The event commenced with an opening prayer conducted by Magistrate Joe Gumede, after which JusticeMaker Buhle Dube gave an in-depth presentation on the history of the UDHR and the achievements of his JusticeMakers project in Swaziland over the past year.  Dube’s presentation summarized the research, forums, and training sessions he had carried out on the problems community police in Swaziland are confronted with.  Presentations were also given regarding the Customary Court System and the efforts to monitor these courts to ensure that increased procedural protections are in place for the accused. In Swaziland there is a dual criminal justice system that has both Customary Courts and Magistrates Courts. Presided over by a court president, the Customary Courts rely on orally transmitted Swazi customs and the Swazi Courts Act of 1950 when producing their decisions. A parallel magistrate court system employing legal representation and western-style law codes also exists. The Customary Court System has corporal punishment such as caning, although no longer used in practice, remains on the books as a constitutionally viable sentence.

Magistrates Mdluli (left) and Gumede listening attentively during the event.

Following Dube’s presentation Khabo Dlamini from One Circle gave a presentation on the organization’s mission to empower women, to raise awareness on gender issues within Swaziland, and to disseminate accurate information on women’s rights and the plight of young women in society.  Dlamini spoke with concern for women who have been abused, and the need to create a facility to provide assistance to abused women who are fleeing their aggressors. Such facilities would be helpful to ensure these women are able to gain the skills needed for generating an income.  There were also discussions regarding the abuse of same-sex partners and the cultural concerns surrounding homosexuality which are present within Swaziland.  The discussion of homosexuality and gender issues sparked debates regarding Swaziland’s constitution, which prohibits discrimination on the basis of gender.  Finally, Mr. Gcina Mhlanga, the President of the University of Swaziland Students Law Society talked about the role of students in human rights advocacy and the importance of encouraging student interns to volunteer with human rights organizations.

One Circle’s Khabo Dlamini presenting during the event.

Funding for the event was received through fundraising efforts conducted at the local level and suggested donations of R50 – the equivalent of $7 per participant – were made.  Many individuals felt compelled to give even more money than the suggested amount, while others donated their skills, cars, time, energy and resources in an effort to ensure that the event was a success.  The law firms of CZ Dlamini Attorney of Matsapha, MH Mdluli Attorneys of Manzini, and Mkhwanazi Attorney of Mbabane pledged their commitment to assist in furthering The Centre’s goals and initiatives, and were then presented with certificates of appreciation for their support.

JusticeMakers Angelo Dube presenting a certificate of appreciation to Attorney Goodnews Dlamini of CZ Dlamini Attorneys.

Future plans were also made to host a ‘Summer School for Human Rights’ spanning three to five days, which would involve trainers throughout the Southern Africa region, as well as participants from Europe, Asia and the Americas, to train members of the legal community within Swaziland. There would be a focus in the trainings on the protection of human rights and techniques for public defense.

As a symbolic measure each attendee was given a pink rose, tied by a red ribbon to a “thank you” card – thanking each individual for their attendance and commitment to human rights.  The rose symbolized the fragility of humankind, and the need to nourish this fragility with human dignity.  61 pink roses were prepared and given, in honor of the 61st year of the UDHR, which will now be a standing tradition at The Centre.  Next year 62 roses will be given to commemorate the 62nd year in 2010.  The pink roses were a touching and unique way to honor the rich significance of the UDHR, and to encourage people to renew that commitment each year by celebrating International Human Rights Day on December 10th.  Musical entertainment for the event was provided by Buddy Masango and guests dined to a dinner of abundant cuisines prepared for the special day.  Press coverage for the event was provided by The Times of Swaziland.

Law students Mpilo, Gcina Mhlanga (President of the University of Swaziland Student Law Society), Mzandile and Nathi.

Alfred Magagula clarifies a point during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

According to Alfred the JusticeMakers will soon expand the scope of their activities.

“We are working on so many things for the second phase of this project,” Alfred said.

“For now the project is on the community police but it’s not the only focus it’s just that this has been the start.”

Alfred foresees the JusticeMakers expanding to tackle the issue of human rights at a national level.

Alfred Magagula leads a discussion during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

“Maybe the first activity will be to do a campaign on human rights nationally then it will make it much easier to even visit the prisons and the other holding centers,” Alfred said.

“If the whole community has a clear understanding of this concept it will be easier even for the prison authorities to allow us to teach the prisoners.”

Gugu Simelane gives a presentation on private arrest during a workshop with community police in Ngwenya. (Photo by Nicholas Loomis.)

To help the JusticeMakers achieve these ends Dube, and Alfred co-founded the Centre for Human Rights and Development, the rare Swaziland based human rights NGO.

Gugu Simelane, JusticeMakers communication intern, thinks Dube and the CHR are changing the culture and creating a new future for the country.

“You could actually say that it is training a new generation of lawyers in Swaziland,” Gugu said.

Gugu Simelane interacts with community members during a workshop in Matsanjeni. (Photo by Walker Gunning.)  

“I never thought I would end up in human rights before but I am looking forward to working for CHR. Then from there I want to go do my masters in the human rights realm.”

Ndumiso Dlamini, the court president who threw out Hlengiwe Msibi’s case, proclaimed the sentence in Mliba’s traditional court.

Involving a fight between romantic rivals, assault with a weapon, and severe bodily harm, the details of the case were nearly identical to Ms. Msibi’s. This time however the evidence and a witness were presented and the verdict was guilty.

Following up on Ms. Msibi’s case, members of Buhle Dube’s JusticeMakers team were on hand to view the traditional court proceedings.

Above: Swazi Court president Ndumiso Dlamini speaks to a witness during an assault case heard in Mliba, Swaziland. (Photo by Nicholas Loomis.)  

Presided over by a court president the traditional courts rely on orally transmitted Swazi customs and the Swazi Courts Act of 1950 when producing their decisions. A parallel magistrate court system employing legal representation and western-style law codes also exists. The traditional courts generally hear less serious civil and criminal cases from petty theft to common assault. Corporal punishment such as caning, while no longer used in practice, still remains on the books as a constitutionally viable sentence.

Above: The complainant, left, and the defendant, right, stant before the Swazi Court officials during a vandalism case heard in Mliba, Swaziland.  (Photo by Nicholas Loomis.)

Explaining the structure of the courts Dube pointed out the challenges the courts pose to human rights.

“Only customary rules, rules of customary law, apply,” Dube said. “Which means your rule of evidence does not apply which would mean you cannot ask for evidence obtained through torture to be disregarded.”

Mr. Dlamini however was adamant in insisting that the courts and their officers take human rights into account.

“That is not true, we are being trained every year,” Mr. Dlamini insisted.

“We are well versed in human rights.”

Above: A police officers swears in under the portrait of King Mswati III before testifying during a session of Swazi Traditional Court in Mliba, Swaziland. (Photo by Nicholas Loomis.)

While traditional court officials are sensitive about questions of human rights JusticeMakers intern Phakama Shili maintained they do not always carry this attitude into the courtroom.

“In fact the human rights of the individuals in practice they are not observed but theoretically they may admit that ‘we do know about human rights, we’ve been trained,'” Shili said.

Indeed instances in the trial seemed to highlight both the ignorance of the accused and possible violations of their rights.

“There are so many things that happen in the courts that greatly affect human rights,” Shili claimed. “In one of the cases that we’ve been to the accused didn’t produce any witness yet the complainant produced some witnesses so there is that imbalance there.”

Above: A police officers swears in under the portrait of King Mswati III before testifying during a session of Swazi Traditional Court in Mliba, Swaziland.  (Photo by Nicholas Loomis.)

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

“The court president stated that if a person stabs you, you should stab him back, Hlengiwe said. “So the accused was acquitted.”

That is when Buhle Dube and the JusticeMakers stepped in to investigate her case. Already observing the court they approached Hlengiwe after the verdict.

“There’s a lot of irregularities,” second-year law student and JusticeMakers intern Phakama Shili said. “We are going to take up the matter for review.”

Pointing to other events that occurred before the trial Hlengiwe sees evidence of corruption.

“Police officers told them (the accused and boyfriend) that they must carry 240 Emalangeni for the fine and the accused was told to bring the knife she used to stab me,” Hlengiwe said, adding this could have influenced the verdict.

Above: Hlengiwe Msibi says stands near her home outside Manzini, Swaziland. (Photo by Nick Loomis.) 

“That decision had been taken a long time ago because the police officers were given money by my boyfriend and the accused.”

Complicating matters is the traditional courts’ structure, which does not allow lawyers and employs a convoluted system of appeals. The JusticeMakers have discovered these difficulties firsthand while working on her appeal.

“The law was not clear on what to do in that regard so we wrote to the highest authority within the customary courts hierarchy asking them to order a review of that case so that the complaint we’re bringing to them can be addressed,” Dube explained.

“Unfortunately the letter bounced back.”

Above: Hlengiwe Msibi pauses as she recounts the ordeal that led to her trial, which JusticeMakers has taken an interest in, outside her home near Manzini, Swaziland. (Photo by Nick Loomis.)

Referring to the lack of justice and bureaucratic red tape Hlengiwe says her trust in the Swazi courts has eroded.

“I feel like I’m being suppressed,” Hlengiwe said. “I was hard done by the decision and I felt like we were not in the real justice system.”

“That was my cue to say look this is the thing to do. When everybody says, ‘Don’t,’ just go,” he said.

Above: 2008 JusticeMaker Fellow Buhle Dube. (Photo by Nicholas Loomis)

This philosophy has served him well while struggling to promote human rights in an African context.

Speaking from a guesthouse in Nhlagano, ahead of meeting with community police in Ngelane, Dube mused on the difficulties of this task.

“Its an African thing really to dismiss human rights as a western concept.

“The term human rights has been labeled un-African in most African societies. We have managed to train all these people without even using the word human rights,” he said.

Using practical terms instead of theoretical concepts Dube has managed to get his message across.

“When you talk about bail you can talk about bail without touching on human rights. Presumption of innocence you don’t have to touch human rights. Prohibition of torture you don’t have to touch human rights,” he said.

Dube believes however that the concept behind human rights is uniquely African.

“My take on that is always, look human rights are very African except we never call them human rights,” he said.

The concept of ubuntu, or humanity, is at the core of these beliefs.

(Photo by Nicholas Loomis) 

“Africa has always held onto values of humanity such as the spirit of ubuntu which says I am because you are and because you are therefore I am.

“If I violate you I violate myself. That’s an African concept ubuntu… It is not termed in human rights but it is the greatest human right ever,” he said.

Not content to philosophize Dube has sought to apply his ideas practically.

“I believe that any legal solution that does not go beyond the walls of the library or that does not go beyond the cover of the journal you are writing in is useless. Take all these theories to the people apply them practically,” he said.

The JusticeMakers team has done just that, by holding workshops with community police, and Dube believes it is making a difference.

“The community police are appreciative of what we have done… In most cases the stuff that we deliver to them they’ve never heard of it before so it really does impact them,” he said.

Perhaps for the first time since choosing to be an attorney Dube is beginning to hear ‘Do’ as well as ‘Don’t’.

Above: JusticeMakers intern Sibusiso Nhlabaisi gives instructions for an exercise to a breakout group of volunteer community police officers during a workshop on prisoners’ rights and minimal force in the village of Matsanjeni in southern Swaziland on Saturday, June 27. (Photo by Nicholas Loomis)

Above: JusticeMaker Buhle Dube, a law professor at the University of Swaziland, speaks to a group of volunteer police officers in the village of Matsanjeni in southern Swaziland during a workshop on prisoners’ rights and using minimal force on Saturday, June 27. (Photo by Nicholas Loomis)

The first workshop was at Matsanjeni where MP Qedusizi Ndlovu arranged a meeting with representatives of the local chiefs and around 30 community police.

Mr. Qedusizi acknowledged the reported incidents as cause for the workshop.

“What happened was that a young guy stole a chicken and when they pounced on him maybe he resisted arrest but being not trained they used excessive force and the person died.”

Refuting the claims, community police blamed a splinter group, which, they claimed, had killed four suspects in mob style punishments.

Clarifying the confusion one community policeman explained the situation.

“We do torture but we do not kill. Four people have been killed by members of the community who claim to be police,” he said.

Above: A group representative presents a list of challenges facing the police in the village of Matsanjeni during a JusticeMakers workshop in the village on Saturday, June 27. (Photo by Nicholas Loomis)

In Ngelane, minutes away from the border with South Africa, the high crime rate has led some residents to desperation.

Community police have been arrested for abuse but policeman Mhlanga Simon insisted extreme measures were necessary.

“We’ve decided that if we find you stealing our cattle we’ll kill you,” he said.

Above: JusticeMakers grant winner and University of Swaziland law professor Buhle Dube speaks to a group of volunteer community police officers on the use of minimal force in detaining and questioning suspects in the village of Ngelane on Sunday, June 28. (Photo by Nicholas Loomis)

Poor co-operation with state police and the perceived inadequacy of the law to protect the community were also cited as reasons for the use of torture. Samson Mdluli the chief of police in Ngelane confirmed some of this.

“The community police arrest these criminals and bring them to the state police but the state police does not call the community police to come and give evidence,” he said through a translator.

The breakdown in communication has forced community police to take the law into their own hands Mr. Mdluli continued.

“That has led to the community police having no confidence in the state police and that has led us to say what is the use of arresting a criminal who is going to be free tomorrow so let us just thrash them. Even though we appreciate that is wrong but that is the only way to ease our vengeance against the crime,” he said.

Dube promptly stepped in to clarify when police could use force.

“If you apply maximum force you are wrong and against the law. No force can be used to punish but it can be used to arrest a dangerous subject. Only the courts can punish,” he said during the discussions.

Above: JusticeMakers intern and University of Swaziland law student Gugu Simelane, right, addresses the challenges faced by the community police officers of Ngelane, Swaziland during a workshop in the village on Sunday, June 28. (Photo by Nicholas Loomis)

The JusticeMakers, accompanied by Bayo Akinade, special counsel to Advocates International, of Pretoria held discussions with both communities and law students from the University of Swaziland gave presentations on the Swazi court system and constitution including the concepts of bail presumption of innocence and how to use the minimum necessary force.

Robert Mkhatjwa, the head of community police at Matsanjeni, claimed the workshop helped educate the community police.
“It has equipped us with the necessary knowledge as far as apprehending a suspect is concerned.

“For now we’ll be very cautious as we are apprehending suspects because we know the grounds and we know the law now thanks to JusticeMakers,” he said through a translator.

Above: JusticeMakers grant winner and University of Swaziland law professor Buhle Dube speaks to a group of community police officers in the village of Ngelane in Southern Swaziland on Sunday, June 28. (Photo by Walker Gunning.)

Above: Background from left, JusticeMakers intern Phakama Shili, Ndumiso Mthethwa and Clement Dlamini laugh while speaking with JusticeMakers team leader Bhule Dube, far left, during a dinner on Friday, June 26 at Quatermain’s outside Lobamba, Swaziland. (Photo by Nicholas Loomis)

Addressing those assembled Buhle summarized the JusticeMakers’ work.

“So far we have been around Swaziland. We have held ten workshops and trained more than 300 community police in places like New Village and places like Lavumisa and places like Nhlangano.” Buhle said.

Attending the function were several lawyers from Swaziland and Bayo Akinlade, special counsel for Advocates International , out of Pretoria.

Above: JusticeMakers Fellow Buhle Dube, seated next to his wife, Audile, speaks to a group of lawyers and students during a dinner event to raise awareness and support for the team’s mission at Quatermain’s outside Lobamba, Swaziland.  (Photo by Nicholas Loomis)

Ndumiso Mthetwe, a specialist in labour law, was shocked when Dube explained the situation on the ground.

“When I look at these pictures and listen to this speech for a moment I wasn’t sure that this was happening here or in Darfur because surely these suggest horrendous acts of abuse,” he said.

Nevertheless Buhle noted the work, while in its early stages, has already made a difference.

“You may ask the question has there been change? It’s too early to tell but it could be that the little work we have done, talking to community police, has really had an impact. It could be that they have changed their methods of handling suspects,” Buhle said
Expressing his support for Buhle, Ndumiso predicted great success for the program.

“I believe that if such a thing can get publicity and coverage then it can go a long way to really informing people about their rights. We have people in our societies that are not conscious of their rights,” he said.

Above: Buhle Dube, right, leans over to speak with fellow attorney Knowledge Manana during a dinner event to raise awareness and support for the JusticeMakers’ mission at Quatermain’s outside Lobamba, Swaziland.  (Photo by Nicholas Loomis)

Buhle also discussed what was next for the JusticeMakers.

“Tomorrow morning we are heading down South to Lavumisa and on Sunday to Nhlangano. Working on the same project as well,” he said.

For Buhle and his team the work continues.

Above: Bhule Dube, left, speaks to a group assembled at a church in Ngwenya, Swaziland as Alfred Magagula, right, looks on during a workshop on prisoners’ rights and abuse on Saturday, June 13.  (Photo by Nicholas Loomis)

In conjunction with the Municipal authorities Buhle, three of his students, Sibusiso Nhlabaisi, Ngeti Dube, Gugu Simelane and Alfred Magagula, his second-in-command, came as part of a series of workshops designed to teach the, often untrained, community police aspects of the law and how to conduct a proper arrest.

Hot tea and sandwiches were passed out as the police prepared presentations on their duties and challenges. The Justice Makers let Benjamin, the municipal liaison, lead the first half of the session before Alfred stepped up to field questions.

Above: A group consisting of villagers, police officers and government officials listens during a workshop on prisoners’ rights and abuse conducted by Justice Makers in Ngwenya, Swaziland on June 13.  (Photo by Nicholas Loomis)

While the audience was engaged and frequently shared laughs with the JusticeMakers they were reluctant to confront the issue of prisoner abuse. Finally Buhle stepped in to break the tension a task he has become familiar with.

“In rural communities they do not admit to torture. So we tell them look we have been around the country we know the only way to arrest an armed suspect is to beat them up. Then they say, ‘Yes, O.K. we beat them up.'”

Afterwards Buhle’s students gave presentations on the use of minimal force, presumption of innocence, and the court system, which elicited an enthusiastic response. Bhekie Dlamini, the head of the community police’s secretary, summarized the speeches’ reception.

“They were so inspirational. We had to ask questions and we got information and I think which we are going to take back to our community.”

Above: Alfred Magagula, top, works with a small group of police officers during a breakaway session at the workshop conducted by the Justice Makers team in Ngwenya, Swaziland on Saturday, June 13. (Photo by Nicholas Loomis)

Nor did the accolades end there. Also present was Ms. Barbosa, head of the Crime Prevention Unit for the Hhohho region. She described the session as a partnership workshop that identified a gap in training.

“You could just tell some of them were totally ignorant of how the law operates there’s still the normal people who haven’t been trained on anything on the law and how they should actually treat the suspects and go about cases. And so we’ll be conducting a brief workshop for those that haven’t been trained.”

Above: The bus and kombi (minibus) rank in the center of Manzini. (Photo by Walker Gunning.)

After whisking us through the streets to our accommodations we finally met Buhle and three more members of his team. Sibusiso Nhlabaisi and Phakama Shili are both second year law students in Buhle’s class while Alfred Magagula, the second in command, is a law graduate working for a local municipality. We would meet their fourth-year colleague, Ngeti Dube, later.

Above: The JusticeMakers team. From L to R Buhle, Alfred, Shili, Sibusiso, Gugu, and IBJ photojournalist intern Nick Loomis. (Photo by Walker Gunning.)

Buhle and the team have been conducting workshops across Swaziland with community police in an effort to raise awareness on human rights issues and to combat the use of torture and excessive force. Working in conjunction with local municipalities the JusticeMakers field questions and give presentations on the presumption of innocence, the court system, and proper procedures in making an arrest.

The JusticeMakers’ work is critical in a country where recent dialogues have been held on the question “Are human rights a myth in Swaziland?” and where some hold the view that human rights are “Un-Swazi.” Extreme poverty, 69% of the country lives on 65 cents or less a day, and the highest HIV/AIDS rates in Africa only exacerbate the situation.

Yet despite this Buhle is calm collected and frequently hilarious. His Justice Makers shirt proclaims “Justice Can’t Wait” but “Justice Never Sleeps” would be just as appropriate for this family man who wakes at 3AM each day. After a short meeting we discover our first workshop will be in three days time and say goodnight to the team before turning in ourselves. Journalists, it turns out, must occasionally sleep.

The next day, the team traveled further south to Lavumisa for another workshop. From the start of the session, Buhle’s team realized that the participants had very different attitudes than those who attended the workshop the day before. Believing that Buhle’s team was only made up of students who did not know the law, the almost all of the participants initially refused to talk and constantly requested the presence of the police station commander. However, dialogue eventually began without the police station commander’s presence and Buhle’s team was able to develop an understanding of the relationship between the community and state police and the negative feelings that prevailed between the two forces.