PETITION FOR AN INDEPENDENT INVESTIGATION INTO THE DEATH OF THE HUMAN RIGHTS ACTIVIST AND LAWYER MASEKO THULANI

We, members of the African Human Rights Community, express our pain and outrage at the brazen murder of renowned human rights lawyer, Thulani Maseko who was gunned down at point blank range, in front of his wife and children at his home in Luhleko, Mbabane, on the evening of January 21, 2023. This atrocious and cold blooded act came a few hours after King Mswati had issued ‘stern warnings’ to those calling for democratic reforms in the country, and that his hired mercenaries would deal with them.
At the time of his death, Thulani was a practicing lawyer, a senior member of Lawyers for Human Rights Swaziland, and chairperson of the Multi-Stakeholder Forum, a convergence of various stakeholders calling for constitutional reforms in Eswatini. Thulani was one of the founding members of the Southern Africa Defenders Human Rights Network (SouthernDefenders). He contributed immensely to the promotion of justice and human rights not only in Eswatini but the Southern-African region.
We are deeply concerned that the killing of Thulani is a deliberate targeting and silencing of lawyer and human rights defender in direct retaliation for his work, as vocal advocates for respect for human rights and proponents of democratic reforms in Eswatini.

Since May 2021,the Kingdom of ESWATINI, one of the world’s last remaining absolute monarch, has been rocked by nationwide protests in demand of democratic reforms, and an end to the excessive opulence of the Monarch in the face of one of the region’s poorest economies. In response, the government of Eswatini, led by King Mswati III, has responded with excessive force against protesters, arbitrary arrests and detention, the shutdown of the internet and blanket bans on protests. More than 80 people have been killed, 200 plus injured, and thousands of others arrested and detained. Currently, two Members of Parliament have been arbitrarily detained for 18 months, facing criminal prosecution under the Suppression of Terrorism Act in relation to the protests. Lawyers and judges are being harassed, threatened and intimidated for their real or suspected support of the ongoing pro-democracy movement. Just last month, a human rights lawyer who narrowly escaped death after gunshots were fired at his car, was forced into exile like many others fearing for their lives have recently done.

As a human rights lawyer, Thulani worked tirelessly to advance democracy, rule of law and good governance in Eswatini. Thulani fought against the undermining of the independence of the Swazi judiciary, and the weaponization of the law and courts to restrict civic space, and crack down on legitimate opponents of the Mswati monarchy and its enablers. In 2014, he was arbitrarily arrested, prosecuted and sentenced to two years in prison, following the publication of opinion articles denouncing the lack of judicial independence. During his detention he was subjected to cruel and inhumane treatment, including being placed in solitary confinement as deliberate punishment for his publications which he continued from prison.
Throughout his life, Thulani remained steadfast in the fight for freedom and justice for the people of Eswatini. Many will attest that he persistently preached the message of peace and love. He spoke courageously against the injustices suffered by the people of Eswatini and paid the ultimate price with his life in this gruesome and callous murder.

We pay our respect to his memory, reassert our support for and uncompromising solidarity with people of Eswatini and wish to express our heartfelt condolences to his wife Tanele, their children, the Maseko family, and the human rights community in Eswatini, and Southern Africa. His courage and unwavering commitment to the principles of freedom, democracy, accountability and justice is a legacy that will endure and motivate the human rights community to continue to support these ideals for the people of Eswatini.
We urge the Eswatini government to:

1. Immediately allow for an internationally supported panel that will conduct thorough, independent and expeditious investigation into the circumstances of the killing of Thulani Maseko.
2. Release all political prisoners and refrain from the excessive use of force to disperse protestors and from the routine arbitrary arrests and killing of peaceful protestors and those expressing opposing views.
3. Immediately revoke the contracts and halt the policy and practice of the hiring of Private Military Companies to ‘engage’ protestors and pro-democracy activists, deeming them terrorists, and thus, ‘legitimate targets’ for elimination.
4. Immediately end the violent rhetoric against pro-democracy activists and human rights defenders.

Endorsed by the following civil society organizations: