Eswatini - Suppression of Terrorism Act used to stop trade union activities (2013)

Police use the Suppression of Terrorism Act to legitimise interference in trade union activities. For example, the Act was used in May 2014 to arrest and charge activists who spoke at TUCOSWA’s May Day celebration, including student leaders Maxwell Dlamini and Mario Masuku. Both activists remain in jail and have been refused bail. Amendments were submitted for the consideration of Parliament in February 2014 but have not yet been considered. The Suppression of Terrorism Act defines terrorism extremely broadly as an act that “involves prejudice to national security or public safety…and is intended, or by its nature and context, may reasonably be regarded as being intended to intimidate the public or a section of the public; or compel the Government…to do, or refrain from doing, any act.” The terms “national security” and “public safety” are not themselves defined, leaving them open to wide and potentially subjective interpretation. Not only are these concepts capable of broad, subjective interpretation but, in addition, the element of intention is not required. Moreover, the act affords the Minister absolute discretion over the classification of organisations as “terrorist” without making this decision subject to judicial review.