Courts in Swaziland do the King’s bidding and lawyers regularly face intimidation.
The analysis was published
by the Southern Africa Litigation Centre (SALC) to mark International Day of
the Endangered Lawyer on Friday (22 January 2016).
The report written by Annabel
Raw and Caroline James said, ‘In Swaziland, opposition to the King and the
political system which prohibits political parties is treated as terrorism
and the courts have often been seen to do the King’s
bidding.
‘Swazi lawyers regularly
face intimidation when they challenge this status quo.
‘In August 2014, human
rights lawyer Sipho Gumedze attended a civil society event in Washington DC
held at the White House to coincide with the US-Africa Summit hosted by
American President Barack Obama. At the time, there had been a crackdown on
free expression in Swaziland and a number of political and social activists
were in prison or facing charges resulting from their criticism of the Swazi
King and political system.
‘Gumedze was photographed
with a colleague from the Trade Union Congress of Swaziland (TUCOSWA) holding a
banner saying “Free Speech in Swaziland NOW!” Soon after, the Prime Minister of
Swaziland, Barnabus Sibusiso Dlamini, said, in a speech to Parliament, that
Gumedze and his colleague should be “strangled”
on their return to Swaziland.
‘Another of these lawyers,
Thulani Maseko, spent fifteen months in prison in 2014 and 2015 after he was
charged and convicted of contempt
of court for writing an article that was critical of the then-Chief Justice
Michael Ramodibedi. Maseko was described as a “disgrace to the legal profession”
by the presiding judge, Mpendulo Simelane, when he was sentenced. Ramodibedi
and Simelane have since been charged with defeating
the ends of justice – in essence what Maseko was attempting to highlight in
his article.’
The analysis concluded, ‘The
beauty of the law and the potential of an independent judiciary is that no
matter who you are, you are beholden to the same rules as everyone else. Even
kings and armies must comply with the rule of law. It is vital that lawyers are
able as professionals to serve the law’s potential in being free to represent
their clients independently and with zeal, being able to speak freely when
shining light on violations of the law, and to defend the rights of the
vulnerable, even against the most powerful. It is an idea that the international
community has recognised and affirmed as indispensable to the rule of law
and the realisation of human rights.’
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