Two Fine Decisions in Swaziland
By “Awake!” correspondent in Swaziland
ON DECEMBER 22, 1982, the High Court of Swaziland in southern Africa rendered a courageous decision favouring religious freedom. The case involved two young children, Celiwe and Sivikelo, who two years previously had been expelled from the Emhlangeni Primary School because of their religious beliefs. On the above date, Swaziland Judge Hassanali ordered that these children be readmitted to school.
What caused the problem? Celiwe and Sivikelo are children of Jehovah’s Witnesses. Since 1970 more than 90 Witness children have been expelled from various schools, in all cases because they did not join in the saying of prayers or the singing of hymns and anthems, usually performed during morning school assembly. Of course, they did nothing to disturb such proceedings. But Jehovah’s Witnesses, while believing in religious toleration, do not believe in interfaith. And many of the hymns, anthems and prayers contain religious thoughts and sentiments that do not match what the children have learned from their study of the Bible. Hence, they stood respectfully silent while their schoolmates sang or bowed their heads in prayer. (Matthew 4:10; 1 Corinthians 10:14, 21, 22) Principals and teachers took exception to the Witness children’s nonparticipation. Hence the expulsions.
It should be noted that Emhlangeni Primary School did not act out of blind prejudice when the authorities there expelled Celiwe and Sivikelo. In fact, the school had accepted these children after they had been expelled from other schools. However, outsiders brought pressure on the school authorities and finally the expulsions occurred. The father of Celiwe and Sivikelo took legal action and, as we have seen, the final decision was favorable.
It is of interest that the original Swaziland constitution, adopted when the country gained independence in 1968, made provision for this type of problem. Under the heading “Protection of freedom of conscience,” the following was stated: “Except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that he does not profess.”
In 1973 the Swaziland constitution was suspended with a view to forming a new one more in line with the Swazi way of life. It is hoped that commendable guarantees, like those contained in the original constitution, will again be adopted. In the meantime, Jehovah’s Witnesses deeply appreciate the High Court ruling, which is a precedent in favour of such religious freedom.
Problems Over Mourning Rites
In the February 1, 1983, issue of our companion magazine, The Watchtower, information was published about another problem relative to freedom of worship in Swaziland. Jehovah’s Witnesses there were being physically abused and unjustly imprisoned because of not taking part in certain mourning rites for the late King Sobhuza II.
The issue was not one of respect or obedience. Jehovah’s Witnesses take seriously the apostle Peter’s words: “Be in fear of God, have honor for the king.” (1 Peter 2:17; Romans 13:1-7) However, the problem arose when an official directive commanded all in the Swazi nation to shave their heads in honor of the late king. Such shaving of the head is a religious rite, related to a belief in the immortality of the soul. Hence, Swazi Witnesses of Jehovah, out of “fear of God,” could not conscientiously comply. Persecution arose when various authorities tried to force them to go against their conscience.
Many who heard of this felt strongly that an injustice had been committed, and they wrote to various government officials to express their feelings. The result? On February 18, 1983, the newspaper The Times of Swaziland said there had been a “letter ‘blitz.’” It reported: “The cabinet ministers are understood to be overwhelmed by this influx of overseas correspondence . . . The ministers are so concerned by the matter that it is to be discussed at cabinet level.”
According to the above newspaper report, one high official, Chief Justice Charles Nathan, personally opened 2,000 of the letters and then was so kind as to write to the Watchtower Society’s headquarters in New York, U.S.A., explaining that he could no longer make individual acknowledgments of the letters. Jehovah’s Witnesses in Swaziland are grateful for the love and concern their brothers in other lands thus manifested.
On Friday, April 8, 1983, The Times of Swaziland carried a further report. It revealed that Chief Justice Nathan heard the appeal of 13 Jehovah’s Witnesses who by a National Court had been found guilty of failing to comply with the Royal Order to cut their hair in mourning. The Chief Justice decided that the trial of the Witnesses had involved “substantial irregularity” and thus he “upheld their application and set aside both the conviction and sentence.” This was a fair decision, and it was hoped that it would influence other similar cases that were pending.
Jehovah’s Witnesses continue to pray that the authorities will understand and accommodate their sincere religious convictions. They and their children deeply respect all such authority and seek to comply with all instructions that do not conflict with their beliefs. They ask to be allowed to continue living a calm, quiet life in worship of the Creator, Jehovah God.—1 Timothy 2:1, 2.
[Box on page 26]
IN THE HIGH COURT OF SWAZILAND
HOLDEN AT MBABANE ON THE 22ND DAY OF DECEMBER, 1982 BEFORE THE HON. MR. JUSTICE HASSANALI.
CIV. T. NO. 520/82
In the matter of:
JOHN NDZIMANDZE Plaintiff
and
JOSEPH HLATSHWAYO 1st Defendant
ABRAHAM MABUZA 2nd Defendant
BEING: A Suit;
WHEREUPON: Having heard Counsel for the Plaintiff and evidence adduced, there being no appearance by or on behalf of the Defendants;
IT IS ORDERED.
1. That Plaintiff’s said minor children be re-admitted as scholars at Emhlangeni Primary School, Bhunya;
2. That judgment by default be and is hereby granted against 1st and 2nd Defendants for the sums of (i) E80.00, (ii) E240.00, E1000.00 and E100.00 jointly and severally the one paying the other to be absolved.
3. That the Defendants do pay costs of this suit.
BY ORDER OF THE COURT
GIVEN UNDER MY HAND AND SEAL OF THE COURT AT MBABANE THIS 22ND DAY OF DECEMBER, 1982
REGISTRAR OF THE HIGH COURT