A
magazine editor and human rights lawyer in Swaziland face up to ten
years in jail after being convicted
of contempt of court for criticizing the judiciary and the kingdom’s Chief
Justice in articles published in the Nation,
a tiny-circulation monthly news magazine.
The
conviction of Bheki Makhubu and Thulani Maseko has sparked outrage around the
world. In his judgment, High Court Judge Mpendulo Simelane said, ‘the
Constitution does not grant an absolute right of freedom of expression’.
Media
are heavily censored in Swaziland where King Mswati III rules as sub-Saharan
Africa’s last absolute monarch.
The
court
judgment delivered on Thursday (17 July 2014) contained the specific words
in the articles complained of.
These
are the words as published that could land two men in jail for ten years.
‘The
Accused persons, [Makhubu, Maseko and Independent Publishers, the publisher of
the Nation] are charged as follows:-
“COUNT ONE
Accused 1, 2 and 3 are guilty of the crime of CONTEMPT OF
COURT
In that upon or about the month of February 2014 and at or
near Mbabane area in the Hhohho Region, the said accused each or all of them
acting jointly in furtherance of a common purpose, did write and publish an
article entitled “Speaking my mind” about the case which was first dealt with
before the Chief Justice His Lordship Justice Ramodibedi of THE KING VERSUS
BHANTSHANA VINCENT GWEBU HIGH COURT CASE NO. 25/2014, a criminal matter
currently pending before the High Court of Swaziland and therefore sub judice,
which article’s passages are quoted:-
(a) ‘Like Caiaphus, Ntate Justice Ramodibedi
seems to have chosen to use his higher station in life to bully those in a
weaker position as a means to consolidate his power. Like Caiaphus, Ntate Justice Ramodibedi seems
to be in a path to create his legacy by pushing the small man so that he can
sleep easy at night well knowing that he has sent a message to all who dare
cross him that they will be put in their right place. Let us not forget that Caiaphus was not only
the high priest of Judea. He was the chief justice of all Jewish law
and had only the immense power to pass judgment on anyone among his people who
transgressed the law. Ditto Ntate
Justice Ramodibedi in Swaziland.’
(b) ‘When this lowly public servant from Bulunga
appeared before him on Monday after a warrant for his arrest had been issued,
Gwebu was denied the right to legal representation because, Ntate Justice
Ramodibedi is reported to have said, the lawyer was not there when the car was
impounded at the weekend.’
(c) ‘Like Caiaphus, our Chief Justice “massaged”
the law to suit his own agenda.’
(d) ‘What is incredible about the
similarities between Caiaphus and Ntate Justice Ramodibedi is that both men had
willing servants to help them break the law.’
and did thereby unlawfully and intentionally violate the
dignity, repute or authority of the said Court before which the matter is
pending, and thereby commit the crime of CONTEMPT OF COURT.
COUNT TWO
Accused 1, 2, 3 and 4
are guilty of the crime of CONTEMPT OF COURT.
In that upon or about the month of March 2014 and at or near
Mbabane area in the Hhohho Region, the said accused each or all of them acting
jointly and in furtherance of a common purpose, did write and publish an
article entitled “Where the law has no place” about the case which was first
dealt with before the Chief Justice His Lordship Justice Ramodibedi of THE KING
VERSUS BHANTSHANA VINCENT GWEBU HIGH COURT CASE NO. 25/2014, a criminal matter currently pending before
the High Court of Swaziland and therefore sub judice, which article’s passages
are quoted:-
(a) ‘The arrest
of Bhantshana Gwebu early in the year is a demonstration of how corrupt the
power system has become in this country.’
(b) ‘We should
be deeply concerned about such conduct displayed by the head of the judiciary
in the country. Such conduct deprives
the court of its moral authority; it is a demonstration of moral
bankruptcy. A judiciary that is morally
bankrupt cannot dispense justice without fear or favour as the oath of the
office dictates.’
(c) ‘Many will
say that what we saw is nothing but a travesty of justice in its highest form.’
(d) ‘In more
ways than one, this was a repeat of the Justice Thomas Masuku kangaroo process
where the Chief Justice was prosecutor, witness and judge in his own cause.’
(e) ‘It would
appear as some suggest, that Gwebu had to be “dealt with” for sins he committed
in the past, confiscating cars belonging to the powerful, including the Chief
Justice himself. It is such perceptions
that make people lose faith in institutions of power, when it appears that such
institutions are used to settle personal scores at the expense of justice and
fairness.’
and did thereby unlawfully and intentionally violate the
dignity, repute or authority of the said Court before which the matter is
pending, and thereby commit the crime of CONTEMPT OF COURT.”
In
his judgment, Judge Simelane said by writing and publishing the words, ‘The Accused
persons scandalized, insulted and brought to disrepute the dignity and
authority of the Chief Justice.’
See also
COURT CONVICTS EDITOR AND WRITER
EDITOR
AND LAWYER ‘FACE 10 YEARS JAIL’
No comments:
Post a Comment