The
finding came on Friday (15 May 2015) after a five-day mission to the kingdom,
ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.
The
kingdom’s Chief Justice Michael Ramodibedi has been suspended, pending an
investigation into alleged
malpractice, including abuse of power. The Minister of Justice and
Constitutional Affairs Sibusiso
Shongwe was sacked after he was charged with defeating the ends of justice
and contravening the 2006 Prevention of Corruption Act. He is presently in jail
on remand.
In a statement,
the ICJ said, ‘There are serious structural deficiencies in Swaziland’s justice
system that need to be addressed systematically and in a structured way to
ensure the country meet core rule of law principles.’
Mission
leader retired Judge Chinhengo of Zimbabwe said. ‘Current developments are
merely the symptoms of a systemic crisis.’
He added,
‘There is a need for officials from all branches of government to adhere to the
rule of law. The effect of denied justice and in Swaziland has made many
victims. Its effect on the community has been devastating, as it has served to
undermine respect for human rights and trust in the judiciary to act as a check
on the other branches of the State.’
The
Mission said it was also deeply concerned by the ‘emblematic cases of the
unfair dismissal of Judge Thomas Masuku in 2011 as well as the unfair
trial and subsequent
arbitrary detention of journalist Bheki Makhubu and lawyer
Thulani Maseko in 2014.’
The
mission was conducted in collaboration with the Africa Judges and Jurists
Forum, Judges for Judges (the Netherlands) and the Commonwealth Magistrates’
and Judges’ Association, with the aim to assess the state of independence of
the judiciary and administration of justice in the country.
See also
SWAZI
JUDICIAL CRISIS: KING’S WORD IS LAW
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