The police were trying to question a man who they saw among a crowd of children and their parents and teachers. Taking no account of the danger the police fired shots into the air, causing widespread panic.
The incident happened yesterday (26 January 2010) at Mqolo Primary School in Swaziland’s capital, Mbabane, shortly after the morning assembly had dispersed. Three police officers are reported tohave invaded the school yard. The suspect ran away through the crowd of parents, teachers and pupils.
The police fired several warning shots in the air but the man escaped.
The Swazi Observer, the newspaper in effect owned by King Mswati III,sub-Saharan Africa’s last absolute monarch, reported, ‘Terrified parents and teachers were all over the place searching for the children who were now all over the place after the shots had been fired.’
The school principal, Archie Thwala, had to call the pupils to the assembly where it was confirmed that none had been hurt in the process.
Thwala said, ‘I am not sure whether all the children will come to school tomorrow, especially the first graders who are starting school for the very first time.
‘They may think school is a dangerous place to be in, after their ordeal with the police and thug.’
The editor of one of Swaziland’s few independent newspapers has called on the kingdom’s chief of police to stop ‘lunatics’ in his force from killing civilians indiscriminately.
Thulani Thwala, editor of the Swazi News, writing in his own newspaper,warned Commissioner of Police Isaac Magagula ‘against handing loaded guns to lunatics’. He called for a ‘ceasefire’ on police shooting civilians.
He goes on, ‘While I personally appreciate cops fighting crime in the country, it becomes worrying when they open fire and shoot at people indiscriminately.
‘I challenge Isaac to convince us that the lunatics within his force will be brought under control. I still fail to understand how a person (suspected criminal or not) is shot in the head. What is going on really?
‘Has the shoot to kill slogan been misinterpreted? Isaac, please do something about the dwindling morale and humanity levels. I call for cease fire.’
Meanwhile, a police constable accused of shooting a civilian who was hitch-hiking along the Mliba road has made a remand appearance at the Manzini Magistrates Court.
Sivuno Lushaba, aged 29, from Sihlutse in the Shiselweni region will appear again tomorrow (27 January 2010). He has yet to enter a plea.
The police officer is said to have shot the hitchhiker under unclear circumstances, something that led people in the community there to hold a march to the police station to demand answers.
The shooting occurred a few days after police shot and killed three alleged robbers who were attempting to break into the Valley Farm factory at Sidvokodvo.
Barnabas Dlamini,Swaziland’s illegally-appointed Prime Minister, has ordered an enquiry into the Sidvokodvo shootings.
Chairman of the Commission Rev. David Matse made a statementfollowing a spate of killings of suspects and civilians by the policeand the army.
‘Our plea to the police and the army is that they should consider the law before shooting at suspects. The constitution makes it clear that there are certain areas where killing is condoned. It is only in such instances that we can expect anyone to take away human life, Matse said.
Section 15 (1-4), of the Swaziland Constitution deals with the protection of the right to life. The law states that taking life can only be condoned if the person on the receiving end was in a riot; had been sentenced to death; in defence of property and to prevent the commission of a serious crime.
Matse said even if a person is escaping from lawful custody, other means of arresting that person can be attempted before the suspect’s life is considered expendable.
‘To the police, the army and members of the public, our plea is that when something has happened, which requires the killing of a person, let it be done legally, having observed the full course of the law.
‘When it has been necessary to take life, let there be proof that all other remedies were exhausted and that there was no other alternative,’ he said.
Section 15 of the Constitution reads:
A person shall not be deprived of life intentionally save in:
1. The execution of the sentence of a court in respect of a criminal offence under the law of Swaziland of which that person has been convicted.
2. The death penalty shall not be mandatory.
3. A sentence of life imprisonment shall not be less than 25 years.
4. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this sub section, a person shall not be regarded as having been deprived of life in contravention of this section if death results from the use of force to such extent as is reasonably justifiable and proportionate in the circumstances of the case.
a) For the defence of any person from violence or for the defence of property.
b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained
c) For the purpose of suppressing a riot, insurrection or mutiny or
d) In order to prevent the commission by that person of a serious offence.
The Observer, a newspaper in effect owned by King Mswati III, sub-Saharan Africa’s last absolute monarch, reported that two people were spotted by the army in the stolen Toyota and were forced to stop after soldiers opened fire on the vehicle.
The two occupants ran from the vehicle into long grass.
The Observer reports that as the two escaped they dropped a cellphone which was picked by one of the soldiers.
The two had been using the cellphone to call for backup. Later two other people arrived in a Mazda 3 sedan. This car was driven by a woman, Lucia Dlamini, who, as she approached the ‘rendezvous’, called on her cellphone but her message was received by a soldier who told her to come closer because ‘ they were in trouble’.
Lucia followed instructions which led her car to pass through an army camp hidden in the bushes a short distance away.
‘By then the army personnel had taken positions,’ the Observer reports.
Other soldiers followed Lucia’s car while others were scouring the area for movement in case the two thieves emerged from the vast tall grasses.
After nearly three hours of no action, Lucia’s car emerged past the army camp and at the same time the two thieves stood up from the tall grass in relief that their back-up had finally arrived.
The Observer reports that residents say at first there were warning shots and the two thieves stood with raised hands.
‘But then immediately after that it was bullet to flesh. The two fell but shots continued to ring.
At about the same time Lucia’s car was sandwiched by two army vehicles, says the Observer.
‘About less than a kilomtre from the army camp Lucia’s car was ordered out of the narrow road and drove along the narrow stream. Some residents say by that time almost the entire community was watching.
‘Residents claim that the two were first ordered out of the car and to pray. Lucia was heard begging the soldiers to spare her life because she had a young baby but it all fell on deaf ears.’
The residents also say that before the woman and an accomplice were riddled by bullets they were ordered to do press ups several times.
‘They were then told to flee into the tall grasses and then shot. It was a perfect kill,’ the Observer reports.
