COURT BATTLE TO REMOVE ARMY, RESTORE INTERNET

MBABANE - An urgent application to, among other things, remove soldiers from the streets and business areas around the country has been filed at the High Court.

The application was filed yesterday by the Institute for Democracy and Leadership (IDEAL), which is a non-profit making organisation situated at Swazi Plaza in Mbabane. Other applicants in the matter are Inhlanse Institute of Investigative Journalism, Bongumenzi Dlamini and Thoba Gupta Dlamini. In their papers, the applicants averred that the deployment of the army upon civilians by the acting prime minister is unconstitutional. According to the applicants, it was only under a state of emergency, declared in terms of Section 36 of the Constitution, that the intervention of the military in the political affairs of the State might be justified. It was further their contention that there was no prime minister in place to advise the King to make such declaration since the Acting Prime Minister, Themba Masuku, was allegedly unconstitutionally in office.

“The presence of the army among civilians violates the right to life in that people have been allegedly shot dead by soldiers while others have been seriously injured. The sanctity of human life needs not to be over emphasised and any further loss of life cannot be tolerated,” argued the applicants. These are allegations whose veracity is still to be tested in court and the respondents are yet to file their papers. The continued presence of the armed soldiers, according to the applicants, violates the right to security of the citizens. “The presence of the soldiers among civilians is not only traumatic but also induces terror during the day and night,” they argued. According to the applicants, no circumstances exist to justify the presence of the army in places occupied by civilians.

“The ongoing protest and internal disturbances are done by unarmed civilians who can be effectively handled by the police. Not even a single incident of armed confrontation by the protesters against the police has been reported,” contended the applicants.
IDEAL and the other applicants contended that the soldiers were fully armed with nothing else but military weapons, in particular the most dangerous firearms one could think of.  “Their heavy presence in the different towns and cities of this country epitomises a battlefield where there is an armed conflict,” argued the applicants. The applicants want the court to interdict the acting prime minister from deploying military personnel on the streets, residences, business or any other places occupied by civilians.     They are also praying for an order directing the army commander to forthwith withdraw all military personnel already deployed on the streets, residences, businesses or any other places occupied by civilians.

“It is worth underscoring that the protesters are not armed at all as no shootings have been reported either against the police or the military force.  Contrariwise, reports that several protesters have been shot dead and others injured have been received,” alleged the applicants. The applicants went on to inform the court that gunshots and city patrols in armoured vehicles and noisy helicopters throughout the night have become the new normal.

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