EXTERNAL (for general distribution) AI Index: AFR 55/04/90

Distr: UA/SC

6 November 1990

Further information on UA 308/90 (AFR 55/01/90, 24 July 1990, and follow-up AFR 55/03/90 (please note correct index number), 31 October 1990) - Legal Concern

SWAZILAND:Kuseni DLAMINI

Professor DLAMINI

Sabelo DLAMINI

Mandla HLATSHWAYO

Maxwell LUKHELE (omitted in error from previous update)

Boy MAGAGULU (was not brought to trial)

Mario MASUKU

Zodwa MKHONTA (f)

Dominic MNGOMEZULU

Ray RUSSON

Mphandlane SHONGWE

On 2 November 1990 Dominic Mngomezulu and Ray Russon, both sentenced to twelve months' imprisonment last month, were granted bail and were released from custody soon afterwards. Conditions of their bail were that they should surrender their passports, report to the police once a fortnight, and pay approximately US $70 bail deposit. The appeal hearing is likely to take place in March 1991.

On 25 October, six of those named above, including Dominic Mngomezulu and Ray Russon, along with Sabelo Dlamini, Mphandlane Shongwe, Kuseni Dlamini and Mario Masuku, had been convicted of contravening the King's Decree No. 12 (1973), which prohibits people from organizing or attending any meetings of a political nature. The other four had already been released.

As a result of his conviction, Mario Masuku has been dismissed from his job at Barclays Bank, where he had been employed for 18 years. Mphandlane Shongwe has been expelled from college. Sabelo Dlamini also faces possible disciplinary proceedings. Even though Maxwell Lukhele was acquitted of all charges on 4 October, he also faces possible dismissal from his job with the Swaziland Government.

Thank you to all who appealed on behalf of these prisoners of conscience. If you wish, you may send further appeals as detailed below.

FURTHER RECOMMENDED ACTION: Express and airmail letters: (Maximum ten appeals per section):

- welcoming the release on bail of Dominic Mngomezulu and Ray Russon, as well as the earlier release of Sabelo Dlamini, Mphandlane Shongwe, Kuseni Dlamini and Mario Masuku, convicted and sentenced to imprisonment solely for the non-violent expression of their political views;

- welcoming the acquittal of Zodwa Mkhonta, Maxwell Lukhele, Mandla Hlatshwayo and Professor Dlamini;

- expressing concern that the King's Decree No. 12 (1973) expressly provides for the imprisonment of people who have attended meetings of a political nature without advocating violence, thereby exercising one of their fundamental human rights; and urging the repeal of this and all laws which provide for the imprisonment of people solely for the non-violent expression of their fundamental human rights.

APPEALS TO:

The Right Hon. Obed Dlamini

Acting Prime Minister

Office of the Prime Minister

P O Box 395

Mbabane, Swaziland

Mr R Dhladhla

Minister of Justice

P O Box 924

Mbabane, Swaziland

COPIES TO:

- Attorney General, Attorney General's Chambers, PO Box 578, Mbabane, Swaziland

- The President, The Swaziland Law Society, Box No. 24, Mbabane, Swaziland

- The Times of Swaziland, PO Box 156, Lansdown House, Post St, Mbabane, Swaziland

and to diplomatic representatives of Swaziland in your country.

After this last round of appeals, no further action will be required. Thank you to all who sent appeals on their behalf.