Today the Africa Judges and Jurists Forum commemorates the first anniversary of the assassination of Thulani Maseko-a renowned lawyer and jurist who was gunned down at his home in front of his family on 21 January 2023. Africa Judges and Jurists Forum remembers Thulani Maseko as a fearless jurist who was committed to the defence of the rule of law and protection of the human rights, particularly for the benefit of the oppressed and minority groups in Eswatini and beyond. Prior to his killing, Thulani Maseko had been harassed, including through arbitrary detention and death threats as retribution for his efforts to defend the rule of law and fight for democracy in Eswatini. Africa Judges and Jurists Forum recalls that his assassination came on the heels of escalation of violence against pro-democracy activists and those who are critical of the government in Eswatini. At the time of his assassination, Thulani Maseko headed the Multi-Stakeholder Forum (MSF) of political parties and civil society groups leading the campaign for democracy in Eswatini.
In the aftermath of Thulani Maseko’s assassination, the government of Eswatini undertook to conduct a thorough investigation and bring to account the perpetrators of this heinous crime. Africa Judges and Jurists Forum is saddened that a year later, nothing substantive has been reported by the government of Eswatini on the progress regarding the investigations.
Africa Judges and Jurists Forum urges the government of Eswatini to honor its obligations under the African Charter on Human and Peoples’ Rights (the African Charter), and the Constitution of Eswatini. Article 4 of the African Charter enjoins States Parties to protect the right to life. Where this right has been violated, including through arbitrary killings the State has an obligation to conduct prompt, transparent and impartial investigations and to ensure that the perpetrators are held to account, including through criminal prosecution. As noted by the African Commission on Human and Peoples’ Rights in General Comment 3 [The Right to life]:
“The failure of the State to take all necessary measures to investigate suspicious deaths and all killings…and to identify and hold accountable individuals or groups responsible for violations of the right to life constitutes in itself a violation by the State of that right. This is even more the case where there is tolerance of a culture of impunity. All investigations must be prompt, impartial, thorough and transparent.”
Africa Judges and Jurists Forum is also concerned about reports of intimidation of Thulani Maseko’s widow, Tanele Maseko by government officials, for speaking out against the lack of progress in the investigations into the assassination of her husband. The failure by the government of Eswatini to conduct or permit investigations that are prompt, transparent and genuinely impartial is not only a violation of Article 4 of the African Charter and the Constitution of Eswatini, but it also fuels the suspicion that the State has a hand in the killing of Thulani Maseko, and this will remain a source of reputational damage for the government both locally and internationally.
Africa Judges and Jurists Forum notes that regional governments of SADC, the African Union, Office of the United Nations High Commissioner for Human Rights and its Special Mandates, and the broader international community have called for independent and impartial investigations into the killing of Thulani Maseko. One year later, the government of Eswatini is yet to provide any substantial report on the status of these investigations and no one has been held accountable for Thulani’s assassination. Africa Judges and Jurists Forum urges the regional governments of SADC, the African Union, the United Nations and the broader international community to follow up with concrete measures, within international law to ensure justice for Thulani Maseko and his family.
For more information:
Martin Okumu-Masiga, Secretary General of AJJF, email: okumu-masiga@africajurists.org , mobile: +256 753 954 308, Twitter: @mokumas
Dr. Justice Alfred Mavedzenge, Programs Director, email: justice-mavedzenge@africajurists.org , mobile: +27 79 388 9990, Twitter: @Dr_JAMavedzenge
Twitter @AfricanJurists, Website https://africajurists.org/ FB- Africa Judges and Jurists Forum.
Elizabeth Oriakhogba, Legal Advisor, AJJF, email: elizabeth.oriakhogba@africajurists.org
mobile: +234 813 128 8602, Twitter: @Leezy_O