Thulani Maseko: murdered fighter for human rights was fearless in his cause

It is with shock and profound sadness that we at the Centre for Human Rights, Faculty of Law, University of Pretoria, learnt about the assassination of Thulani Maseko on January 21. He was shot dead in front of his family in his home south of Mbabane, Eswatini, in what can only be described as a targeted killing.

Our deepest sympathy goes to his wife and family in this difficult and traumatic time.

Thulani was a human rights defender of great and justified reputation. He was deeply dedicated to human rights, the rule of law and democracy in Eswatini. He slept, breathed, ate and walked human rights. He was also a spirited and committed intellectual, not shying away from taking public positions at odds with the powerful monarchy.

He was a founder member of Lawyers for Human Rights (Swaziland), of which he became the executive director and served as a trustee, before stepping down in 2018. Thulani also worked for the International Commission of Jurists (ICJ) for several years as a consultant based in Eswatini/Swaziland. For the past few years he worked as an attorney in private practice, focusing mostly on human rights and constitutional litigation. At the time of his death, he was also the chair of the Multi-Stakeholders Forum, a movement fighting for peaceful dialogue and transition to a constitutional monarchy.

It appears his unwavering commitment to these principles and his leading role in current prodemocracy protests cost him his life. The shooting of Thulani came as the government embarks on intensified efforts to silence pro-democracy and human rights advocates in Eswatini. It also happened just after King Mswati III declared unreservedly that the “demonic elements” perpetrating disharmony and disrespect in Eswatini would be eliminated in 2023.

Many of us at the centre got to know Thulani in 2005, when he was a student, graduating with an

LLM in human rights and democratisation in Africa (HRDA). He spent the second semester of the HRDA programme at Makerere University, Uganda. In 2006, Thulani did a judicial clerkship at the Constitutional Court of South Africa with then chief justice Pius Nkonzo Langa.

We remember him from those times and, subsequently, as a deeply ethical person, generous and gentle, tenacious and tough, principled and passionate, fearless and friendly, with an openness to life and an endearing smile for everyone. In his interactions, he exuded warmth and compassion. He leaves behind many colleagues who became dear friends.

Thulani also graduated with a bachelor of arts degree in law (BA Law, 1994), a bachelor of laws (LLB, 1997) from the University of Swaziland and a master’s degree in international legal studies from the American University Washington College of Law in 2011.

The University of

Pretoria’s Centre for Human Rights pays tribute to the lawyer and activist who was murdered in front of his home in Eswatini last weekend

Prisoner of conscience

He was convicted for contempt of court on March 18 2014, with journalist Bheki Makhubu, for criticising Swaziland’s judicial system. In the dock, he made the following statement, in which he placed the matter in its broader political context, calling for a constitutional monarchy: “We deny that the call for a constitutional monarchy is a call to overthrow the monarch in Swaziland. We are calling for a system of government where democratic governance can and will co-exist with a monarchy whose powers are properly limited by law ... so that nobody is above the law, but the law is the ruler.”

He was sentenced to two years’ imprisonment, a gravely disproportionate punishment and one of the longest prison terms ever imposed under a common law jurisdiction for this offence. On June 30 2015, he and Bheki were released after the supreme court found they had been wrongly convicted by the high court. The latter admitted great injustice had been done to him.

While serving his sentence, Thulani was placed in solitary confinement for three weeks for writing letters to his supporters. While in prison, he wrote: “One thing is clear; we may not know how long we will be in these jails. Nevertheless, we will defeat not only imprisonment, but our jailers as well. We will walk and the prison door will open. We will return, and return we will, alive. And we will sit at the table of brotherhood with our jailers to negotiate the future of Swaziland.”

Vera Chirwa Award

The centre conferred the prestigious Vera Chirwa Award on Thulani in 2011 for his devotion to improving the lives of people in Africa, especially in Swaziland/Eswatini, through his fearless prodemocracy activism and personal sacrifice. The award is made annually to an HRDA programme graduate for outstanding professional achievements in the protection or promotion of human rights, and the strengthening of democracy in Africa.

Thulani was an excellent communicator. He spoke persuasively and passionately. He wrote eagerly and with a consistent clarity of purpose, publishing a number of peer-reviewed contributions, including “The Drafting of the Constitution of Swaziland, 2005” and, with Lukman Abdulrauf, “Constitutional Implementation: The Swaziland Experience”.

For the past few years, Thulani worked on a doctorate in law (LLD) at the centre, on the topic “Challenges to the right to political participation under the traditional Tinkhundla system of government in Swaziland/Eswatini”, supervised by professor Michelo Hansungule. Regrettably, a final version was not submitted.

Thulani’s legacy

In one of his statements from prison, he wrote: “We have to pursue these ideals until the end of our days. In the words of the Reverend Martin Luther Jr, one has to believe in something, believe in it until the end of the days. Not only that, we have to be a reflection of the change we want to see in the world. So, I do believe that the dignity and humanity of the people of Swaziland, across Africa and the world, can only be restored with the full enjoyment of all human rights, fundamental freedoms and civil liberties without distinction. We have to stand up for ‘dignity and justice for all’. Africa must rise up from the darkness of repression and walk forthrightly to the bright sunshine of human rights.”

We honour you, Thulani. We mourn your unnecessary passing.

As a centre, we will, with our alumni, seek ways to allow your death to shine a piercing light on all that is wrong in Eswatini. We will also do all we can to ensure those responsible for your death are brought to justice.

With admiration, we remember your humility and fearlessness. We celebrate your life of selfless sacrifice.

Long may your example inspire generations of human rights defenders experiencing hardships in their struggle for such rights, the rule of law and democracy in the face of oppression, authoritarianism and violence.