The two aspects of human behaviour, captured in the title, appear to be complete opposites. But there are many times when they reflect the same extreme of human emotion. In fact, this and the article two weeks ago, cover both. And common to both is the writer’s deep concern regarding the degree of danger and death on the roads of Eswatini. As a country we are not unique in that respect. But that is no consolation. And the road offenders are the minority. But that’s no consolation either. One careless death is one too many. And build in our failure to provide justice and offender accountability, and there is a great deal to worry about.
Pedestrians and cyclists don’t kill. It’s vehicles that do that. In certain circumstances, they’re the on-road equivalent of a loaded gun with the safety catch off. Where there is a sense of deprivation, frustration, selfishness or aggression – and more, sometimes all at the same time – and you have a deadly weapon. How do you resolve that? Through a justice system that, in the event of a suspected breach of the law, brings the alleged offender to court and, where guilt is proved, punishment is delivered accordingly.
That’s precisely what we are lacking in Eswatini. The article now goes far broader than traffic offences. We have many hundreds of serious criminal cases, including alleged corruption; all where a person is charged but no prosecution is commenced or completed. In the absence of that, justice remains unobtained for years. Perhaps forever. Because one of the most powerful forms of evidence in a serious criminal case is that of the witness (es). But they are people, and people eventually die, or leave the country, or lose their memory; or just disappear.
Justice delayed is justice denied. And if you don’t punish, the guilty ones will just carry on with their behaviour. There are revelations and accusations blasted in the headlines every week and barely any court judgments. The people of Eswatini received confirmation of the dysfunctionality of the Judiciary in an article in this newspaper on 25 February 2025. The Chief Justice in 2015 stated that the Judiciary was under-resourced. We need staff and infrastructure. But the continual public screaming and shaming about this governmental inadequacy has simply not been there. There has therefore been no urgency created to resolve this appalling situation. The core of a decent society demands an efficient and effective judiciary. And we ain’t got one.
Different forms of serious crime trigger different reactions in the public. The cancer that is corruption is embedding itself deeper and deeper. In a society where 60% are desperately poor and most of the remainder struggling to stay afloat, the prospect of greedy individuals helping themselves in corrupt activity and not being brought to justice is downright offensive. It causes anger even if those who are angry don’t realise it, and manifests itself in wild and careless behaviour, most visibly being dangerous on our roads.
We desperately hope that those of seniority and influence will do something about this, other than just stare at the unprosecuted cases increasing. One potential answer: massive donor technical assistance providing retired judges to perform in judicially mandated accommodation – Government conference rooms, school halls, even portacabins. Get it set up! We won’t get remotely near clearing the backlog until we do. And didn’t we have precisely that kind of assistance from South Africa many years ago?
Of even greater value to road safety itself is prevention. We need Police in far more random checks and with video cameras (you need the hard evidence): then severe fines imposed in courts convened as with drink-driving cases – a similar threat to human life on the roads. You punish heavily and the word will spread.
On Wednesday 9 April 2025 around 6.00am when traffic would normally be very light and the roads especially safe, Vitor Oliveira was killed when riding his bicycle on an urban road. He collided with a kombi. The driver has been charged with culpable homicide. It is vital that the case progresses rapidly. But with Dr Melvin Masango, the cyclist killed in September 2024, an individual was charged, but is out on bail, with trial hearings postponed and postponed; with the next hearing set for more than one year after the Zimbabwean doctor lost his life. And what are the odds there’ll be another postponement then?
Vitor Oliveira was the epitome of professional and sporting success, all achieved in a thoroughly decent and sociable manner. A much admired and respected member of this society, Vitor had a successful career, for many years with Inyatsi Construction Group and most recently as General Manager of Motruck. He was a Portuguese national, educated at St Marks High, and resident in Eswatini for over 40 years. Vitor was also a strong and committed athlete, with a sparkling history of over 500 hill runs with the Hash House Harriers, and a highly successful competitive cycling life. Notionally age-adjusted – he was 64 – he would be the top cyclist in Eswatini.