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Friday, 19 June 2015

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

Swaziland’s Chief Justice Michael Ramodibedi who has been sacked by King Mswati III had a long history of abusing his power in office.

But, despite widespread criticisms from across the world, Ramodibedi was allowed to remain in power.

His dismissal for ‘serious misbehaviour’, will come as a shock to the man himself and as a puzzle to many observers of Swaziland because until now he had the support of the autocratic King. In return Ramodibedi gave unswerving loyalty to the King who rules Swaziland as sub-Saharan Africa’s last absolute monarch.

The King appointed Ramodibedi, who is from Lesotho, as acting Chief Justice in 2010.

On 16 June 2011, Ramodibedi issued a directive that ensured the King would be above the law in his own kingdom.

Under s11 of the Swaziland Constitution the King was already immune from any suit or legal process ‘in any cause in respect of all things done or omitted to be done by him’. This was further reinforced by Ramodibedi’s explicit practice directive stated that immunity applied for any claims made indirectly against the King. 

The King was clearly satisfied with Ramodibedi’s conduct and in 2012 he appointed him the substantive Chief Justice for an indefinite period. This was done in contravention of the Swazi Constitution, which states that the Chief Justice must be a Swazi.

In Swaziland, the King chooses government ministers and top judges. Political parties are banned from taking part in elections and all groups opposing him are banned under the Suppression of Terrorism Act.

Ramodibedi had been in the spotlight for a number of years over the way he ran the Swazi judiciary on behalf of the King. 

Many allegations of abuse of power have been made from lawyers within Swaziland and also by the international human rights community. 

In May 2014, two Supreme Court judges reportedly threatened to resign if a warrant issued by Ramodibedi for the arrest of three High Court judges who were critical of him was served, Ramodibedi reportedly issued the warrants but the Swazi police did not make the arrests. 

The three judges were Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba.

Reportedly, arrest warrants were issued because the CJ felt the judges were ‘ignoring his orders and bringing the High Court into disrepute’.

It was reported at the time that should the warrants be effected and the judges arrested, the CJ planned to appoint interim judges himself.

This was not an isolated incident of abuse of power. In a report on Swaziland covering the year 2011, Human Rights Watch stated, ‘Serious deficiencies in Swaziland’s judicial system persist. In an ominous precedent for the independence of the judiciary, Chief Justice Michael Ramodibedi in August suspended Justice Thomas Masuku for insubordination and for insulting the king, among other charges.’

It added, ‘On August 11 [2011] Justice Masuku appeared before the Judicial Service Commission (JSC), whose six members are appointed by the king. On September 27 [2011] the king relieved Judge Masuku of his duties for “serious misbehavior.” Justice Masuku had in the past made several rulings in favor of human rights.’

In the case of Masuku, Ramodibedi acted as judge, prosecutor and witness in the case he himself brought.

David Matse, the Swaziland Minister for Justice, was fired from his job because he refused to sign the dismissal letter for Masuku. 

Human Rights Watch added, ‘Control over the daily allocation of cases for hearings, including urgent ones, has been placed solely in the hands of the chief justice, creating what is perceived by lawyers as an unacceptable bias in the administration of justice. In August [2011] the Law Society of Swaziland instituted a boycott of the courts to protest these developments and the failure of the authorities to hear its complaints regarding the running of the courts, including the chief justice’s allocation of cases. On September 21[2011], Law Society members delivered a petition to the minister of justice calling for action to address the decisions of the chief justice and the general administration of justice in the court system.’

In August 2011, Swazi police in bullet-proof vests and armed with shotguns and tear gas canisters invaded a meeting of lawyers in the Swaziland High Court, which had been called to discuss their on-going campaign to get Ramodibedi removed from office. Reports in the Swazi media said the Chief Justice himself ordered the police to break up the meeting.

In September 2011, the Centre For Human Rights, Swaziland, reported, ‘Swaziland lawyers embarked on the court boycott after the CJ issued a series of unlawful practice directives, to all courts of the land, directing them not to admit certain cases. In one directive, the CJ instructed the Registrar that cases would only be allocated to judges by the CJ himself, and no other officer. In another practice directive, issued in June 2011, the CJ instructed the Registrar and officers of all courts in the land that cases involving the king should not be admitted. These regrettable actions of the CJ were largely viewed as interference not only with the administration of the courts, but also as a denial of the fundamental right to access justice.’

In November 2011, the Open Society Initiative for Southern Africa (OSISA) reported, ‘Lawyers have been boycotting the courts for almost four months in protest at the maladministration of justice in the country by the incumbent Chief Justice, Michael Ramodibedi. But this week, they upped the pressure on the Chief Justice by staging a mass walk-out of the Supreme Court. This left all suspects and people with civil cases with no legal representation.

‘But astonishingly, the Chief Justice ordered that all cases be heard with or without the lawyers. This, as some have already observed, is the height of injustice. The Chief Justice is also on record as praising people who represented themselves saying that they actually argue “much better than the lawyers”.

‘Subsequent to the directive to proceed without the lawyers, Ramodibedi then went another step further - banning all lawyers from setting foot in the High Court. A heavily armed police contingent has been posted in and around the High Court premises and only government lawyers and people with cases have been allowed to enter. Banned from meeting at the High Court, the lawyers opted for a very innovative strategy, using their vehicles to “march” through the capital city in protest and brining the city to a stand-still - much to the consternation of the police.’

Ramodibedi was sacked on 17 June 2015 by the King after a Judicial Service Commission hearing into allegations of abuse of office.

The JSC heard evidence against Ramodibedi on 9 June 2015. Ramodibedi was not present at the hearing, citing illness. No defence against the allegations was given.

Ramodibedi faced three charges. They were:

1. Abuse of office – In the allocation of the Swaziland Revenue Authority (SRA) matter which was heard to hear a case brought by Ramodibedi  against the SRA for taxing his gratuity to the amount of E128 000 (US$12,800).

2. Abuse of office – In the hearing of the Impunzi Wholesalers (PTY) Ltd v The Swaziland Revenue Authority, in which it is alleged wealthy businessmen offered judges E2 million to help them win their case against the SRA involving the importation of goods into the kingdom.

3. Abuse of office in order to achieve an ulterior motive – In the hearing of the Estate Policy matter, where it is alleged Ramodibedi appointed three acting High Court judges to hear the case when their terms of office had expired.

Following the hearing, the JSC reported to King Mswati who then made the decision to sack his Chief Justice.

See also

SWAZI KING SACKS CHIEF JUSTICE
CJ AND JAILED JOURNALISTS
‘CJ ARREST WARRANTS FOR CRITIC JUDGES’
DOES CHIEF JUSTICE KNOW THE LAW?
JUDICIARY BID TO STOP MEDIA SCRUTINY
TOP JUDGE ATTACKS PRESS FREEDOM
CHIEF JUSTICE THREATENS MEDIA
SWAZI JUDGE FIRED FOR ‘DISRESPECT’
AMNESTY: REINSTATE JUDGE MASUKU
SWAZI LAWYERS MARCH FOR JUDGE
SWAZI KING ABANDONS RULE OF LAW
SWAZI MINISTER OF JUSTICE FIRED
SWAZI KING FIRES CRITICAL JUDGE
AMNESTY ON SWAZI JUDICIAL SYSTEM
SWAZI CHIEF JUSTICE MUST GO – SCCCO
SWAZI LAWYERS CHARGE CHIEF JUSTICE
SWAZI LAWYERS BOYCOTT COURTS
SWAZI CHIEF JUSTICE ‘ABUSES POWERS’

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