PRESS STATEMENT FOR IMMEDIATE RELEASE

Arrest of Swaziland-based Times Sunday/ Times of Swaziland editor Bheki Makhubu

27 September 1999

The Freedom of Expression Institute is shocked by the arrest of the editor of a Swaziland newspaper, Times Sunday (the Sunday edition of The Times of Swaziland),following a published article to warn the Swazi King Mswati III against marrying a "high school drop-out" because it could expose him to Aids.

The suspended editor of Times Sunday in Swaziland, Bheki Makhubu, was arrested last night, Sunday September 26 and appeared in the Mbabane magistrates court this morning, Monday September 27 on a charge of criminal defamation. He was granted bail of Emalangeni 3000 (South African Rands 3000 - about US$500) on condition that it was paid by 12 noon today, that he surrenders his travel documents and does not apply for new documents, that he reports fortnightly to the police and that he does not publish any further information in relation to King Mswati III's fiancee, Liphovela Senteni Masango.

The FXI feels that this latest move amounts to an assault against Mr. Makhubu, and against press freedom in the region generally. The Swazi authorities are resorting to one of the oldest censorship tricks in the book, namely to use defamation law to bash an offending editor over the head. The Swaziland government and the monarchy clearly do not understand that public figures, including the King, should as a matter of course be entitled to less protection from critical commmentary precisely because they are public figures. This principle is especially so with respect to public figures in government, and the monarcy, as these individuals wield public power, so it is appropriate for them to be subject to greater public scrutiny than ordinary individuals.

We call on the Swazi authorities to cease actions against the newspaper immediately. The most appropriate place to air grievances about reportage is a voluntary press ombudsman's office, which will adjudicate the ethics of reportage according to a procedure and code that the press themselves subscribe to in the interests of fair and balanced reporting. We believe that the establishment of this office is still at discussion stage in Swaziland; therefore we call on the parties involved in these discussions to speed up their efforts to establish it.

Background

Mr Makhubu was suspended by his employers a week ago in the face of a public and government outcry against an article and photograph published in the newspaper on September 12 and19 respectively. The newspaper alleged that the King's latest fiancee, 18-year old Liphovela Senteni Masango, was a school "drop out". So far the accuracy of the story has not been challenged. The criticism being levelled against the newspaper is that the article is disrespectful of the Monarchy. These events also precipitated actions by the government to push through legislation on defamation of character.

Mr Makhubu was questioned by the police on 15 September. They asked him to disclose the names of the reporters who wrote the story and the name of their source. He refused to disclose any of this information. In the weekly newspaper, Sunday Independent, Makhubu wrote that the reason he exposed the background of the new bride-to-be was that he feared the kings councillors had not done a thorough background check on the young lady's health, both physical and social.

"It was hard to avoid the conclusion that a proper background check was not done on the young lady before she became known to the public. We felt an obligation to raise this concern", wrote Makhubu. He went further to say that Mswati was the people's king. "Should we not have a say in the kind of woman he should marry, particularly if she will have an impact on our daily lives?"

FXI is of view that the action of the Swazi government is against the MISA Windhoek declaration on press freedom, and the United Nations Declaration of Human Rights of which the Swazi government is signatory. FXI calls on the Swazi government to withdraw charges against the editor and be released without delay. We also call on the Swazi government to support press freedom in the country and the Southern region.

Contact: Raymond Louw (082 4465 155) Nanagolo Leopeng (082 897 5452)