The accused are: Chief Justice Michael Ramodibedi, Judge Mpendulo Simelane, Judge Jacobus Annandale, Fikile Nhlabatsi (High Court Registrar) and Sibusiso Shongwe (Justice Minister).
The full
list of charges was published
in the Swazi Observer, a
newspaper in effect owned by King Mswati III, who is sub-Saharan Africa’s last
absolute monarch, on Wednesday (23 April 2015).
1.
Michael Mathealira Ramodibedi (Chief Justice)
2.
Mpendulo Simeon Simelane (High Court judge)
3.
Jacobus P. Annandale (High Court judge)
4. Fikile
Nhlabatsi (High Court Registrar)
COUNT 1
(Accused 1, 2, 3 and 4)
The
accused are guilty of contravening Section 33 (1) (b) read with subsections (2)
(a) (i), (b) (i), (c) and (d) together with Section 35 (2) of the Prevention of
Corruption Act No. 3 of 2006.
In that
upon or about April 18, 2015 and at or near Mbabane in the Hhohho region, the
said accused acting individually and/or jointly and in furtherance of a common
purpose and being judicial officers did unlawfully demand and/or accept and/or
agree and/or offer to accept an advantage from one another for the benefit of
either one or more of them; and through their illegal, dishonest, and biased
manner to induce one another in the exercise, carrying out or performance of
their respective positions of authority and violation of their legal duties or
set of rules in a design to achieve an unjustified result and amounting to an
improper inducement to one another to give an order in favour of one or more of
them and thus did thereby contravene provisions of the said Act.
Alternatively
The
accused are guilty of contravening Section 42 (1) (b) as read with subsections
(2) (a) (i), (b) (i) and (ii), (c) and (d) together with Section 35 (1) of the
Prevention of Corruption Act No.3 of 2006.
In that
upon or about April 18, 2005 and at or near Mbabane in the Hhohho region, the
said accused acting individually and/or jointly and in furtherance of a common
purpose the said accused did unlawfully demand and/or accept and/or agree
and/or offer to accept an advantage from one another for the benefit of either
one or more of them; through their illegal, dishonest, and biased manner to
induce one another in the exercise, carrying out or performance of their
respective positions of authority and violation of their legal duties or set of
rules in a design to achieve an unjustified result and amounting to an improper
inducement to one another to given an order in favour of one or more of them
and thus did thereby contravene the provisions of the said Act.
COUNT 2
(Accused 1 and 2)
DEFEATING
OR OBSTRUCTING THE COURSE OF JUSTICE
In that
whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015,
where Justice SB Maphalala (PJ) had issued an order for the arrest of them. The
accused had full knowledge of the existence of the said order. The said accused
acting individually and/or jointly and in furtherance of a common purpose did
on or about April 18, 2015, in the Hhohho region, unlawfully and with the
intent to defeat or obstruct the course of justice, the accused acting individually
and/or jointly conspired in the furtherance of a common purpose, purported that
Accused No.1 in consultation with Accused No.4, allocated the matter to Accused
No.3, for the rescission of the order issued by Justice SB Maphalala (PJ) with
all the accused’s full knowledge of their respective positions, in particular
that Accused No.3 had no power to overrule an order of this nature that had
been issued by a principal judge in the same jurisdiction and that Accused No.s
1 and 2 were suspects in the matter. The said rescission of the order
purportedly issued by Accused No.3, in the residence of Accused No.1, would
result in a favourable outcome to Accused No.s 1 and 2 and in the premises the
said accused did commit the crime of defeating and obstructing the course of
justice.
1 Michael
Mathealira Ramodibedi
2 Mpendulo
Simeon Simelane
3 Fikile
Nhlabatsi
COUNT 1
The
accused are guilty of contravening Section 33 (1) (b) read with subsections (2)
(a) (i), (b) (i), (c) and (d) together with Section 35 (2) of the Prevention of
Corruption Act No. 3 of 2006.
In that
upon or during the period between April 2013 and February 2015 and at or near
Mbabane in the Hhohho region, the said accused acting individually and/or
jointly and in furtherance of a common purpose and in being judicial officers
did unlawfully demand and/or accept and/or agree and/or offer to accept an
advantage from one another for the benefit of either one or more of them; and
through their illegal, dishonest, and biased manner to induce one another in
the exercise, carrying out or performance of their respective judicial
functions amounting to the abuse of their respective positions of authority and
violation of their legal duties or set of rules in a design to achieve an
unjustified result and amounting to an improper inducement to one another
resulting in a judgment in favour of one or more of them and thus did thereby
contravene the provisions of the said Act.
Alternatively
The
accused are guilty of contravening Section 42 (1) (b) as read with subsections
(2) (a) (i), (b) (i) and (ii), (c) and (d) together with Section 35 (1) of the
Prevention of Corruption Act No.3 of 2006.
In that
upon or about the April 2013 and February 2015 and at or near Mbabane in the
Hhohho region, the said accused acting individually and/or jointly and in
furtherance of a common purpose the said accused did unlawfully demand and/or
accept and/or agree and/or offer to accept an advantage from one another for
the benefit of either one or more of them; and through their illegal,
dishonest, and biased manner to induce one another in the exercise, carrying
out or performance of their respective judicial functions amounting to the
abuse of their respective positions of authority and violation of their legal
duties or set of rules in a design to achieve an unjustified result and
amounting to an improper inducement to one another to give a judgment in favour
of one or more of them and thus did thereby contravene the said Act.
COUNT 2
(Accused 1 and 2)
DEFEATING
OR OBSTRUCTING THE COURSE OF JUSTICE
In that
whereas Accused No.1 and 2 was a party to a matter filed in the High Court
between himself and SRA (Civil Case No. 785/2015), and whereas both Accused 1
and 2 knew of the earlier involvement and position of Acccused 2 in the said
matter. The said accused acting individually and/or jointly and in furtherance
of a common purpose did on or about February 2015, unlawfully and with the
intent to defeat or obstruct the course of justice, allocate and/or preside
over the matter with both accused’s knowledge of their similar position and
view that Accused No.2 was entitled to a favourable outcome in the matter which
was yet to be tried in court as aforesaid and whereas when the matter was
finalized, Accused No.2 inevitably delivered a judgment in favour of Accused
No.1 and in the premises the said accused did commit the crime of defeating and
obstructing the course of justice.
1 Michael
Mathealira Ramodibedi
2 Fikile
Nhlabatsi
3
Sibusiso Shongwe
COUNT
1
DEFEATING
OR OBSTRUCTING THE COURSE OF JUSTICE
In that
whereas Accused No.1 and 2 were the suspects in an investigation CR 4/2015, and
High Court Case No.173/2015. Accused No.1 had presided over that matter.
Accused No.2 had provided administrative support in those proceedings. Now,
therefore, the Accused No.s 1 and 2 acting individually and/or jointly and in
furtherance of a common purpose did on or about April 17, 2015, in the Hhohho
region, unlawfully and with the intent to defeat or obstruct the course of
justice, steal the said warrant of arrest application proceedings High Court
file and handed it over to Accused No.3 and in so doing the said accused did
commit the crime of defeating and obstructing the course of justice.
COUNT 2:
THEFT
Whereas
upon or about April 17, 2015 and at or near Mbabane in the Hhohho region, the
accused, each or all of them acting individually and/or jointly and in
furtherance of a common purpose did unlawfully and intentionally steal the
warrant of arrest application proceedings file that was in custody of Accused
No.s 1 and 2, under High Court Case No. 173/2015 whereas Accused No.3 was a
suspect.
And
whereas the accused had the intention of permanently depriving the High Court
of Swaziland and/or the Swaziland Government of the ownership of the
above mentioned copy of the record; and thus the accused persons are guilty of
the crime of theft.
See also
SWAZI
MINISTER OF JUSTICE ARRESTED
CJ
HAS HISTORY OF ABUSE OF POWER
CJ
BID TO CANCEL OWN ARREST WARRANT
ARREST
WARRANT FOR CHIEF JUSTICE
CJ
AND JAILED JOURNALISTS
http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html
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