A newspaper
in Swaziland reported on Monday (19 May 2014) that the controversial Chief
Justice Michael Ramodibedi had issued warrants for the arrest of three High
Court Judges because they disagreed with his actions.
He was reported to be ready to appoint his own judges to replace those
arrested.
The Swazi
Observer, a newspaper in effect owned by King Mswati III, who appointed
Ramodibedi, said the three judges were Justices Mumcy Dlamini, Bheki Maphalala
and Mbutfo Mamba. At the time of this report (Monday 19 May 2014) police had
not executed the warrants.
The Observer reported Ramodibedi
allegedly issued the warrants last Friday. They were issued, it said because
the CJ felt the judges were ‘ignoring his orders and bringing the High Court
into disrepute’.
The newspaper reported, ‘According to a reliable source at the High
Court, the Chief Justice alleges that Judge Bheki Maphalala is influencing his
staff members not to take orders from him. Maphalala, according to the source,
is spearheading a High Court rebellion.
‘Judge Mamba is alleged to have tried taking over the bail application
of The Nation Editor Bheki
Makhubu and Human Rights Lawyer Thulani
Maseko.
‘This is alleged to have angered the CJ and he decided to have him also
arrested. “Judge Mumcy is the number one enemy of the CJ. It is no surprise
that she has been included in the list of those whose warrants of arrest were
issued,” the source alleged.’
‘Judge Mumcy has on record ruled that the
CJ erred in the way he issued the warrants of arrest that landed The Nation Editor Bheki Makhubu and Thulani
Maseko in jail. She released the duo but they were later
re-arrested soon after gaining freedom.’
The newspaper added, ‘[The] CJ is alleged to have highlighted in his
chambers that he no longer trusted most of the Judges of the High Court. This
is alleged to have transpired when The Law Society of Swaziland wanted their
application for the removal of Judge Mpendulo Simelane allocated a judge. The
Chief Justice is alleged to have failed to allocate the matter and highlighted
that he no longer trusted most of the judges.’
The Observer reported. ‘Should
the warrants be effected and the judges arrested, the CJ is alleged to have
planned to appoint interim judges who will deal with the Law Society, which
wants a full bench to listen to their application calling for the firing of
newly appointed Judge Mpendulo Simelane. The CJ is alleged to be afraid to have
the three judges sit in the full bench and listen to the Judge Mpendulo case as
they might rule against him.’
Ramodibedi is at the centre of a number of controversial decisions in
Swaziland. Last week the Mail and Guardian newspaper in South
Africa reported that Ramodibedi has told Swazi judges that they have a constitutional
duty to obey him. He has also ordered that judges could not hear cases against King
Mswati III, who rules as sub-Saharan Africa’s last absolute monarch, or royal
institutions.
The Mail and Guardian reported
that Ramodibedi had a reputation for intimidation. He has intervened in the
continuing trial against Bheki Makhubu, the editor of the Nation magazine, who is in court on contempt of court charges after
publishing articles critical of Ramodibedi and the Swazi judiciary.
The newspaper reported, ‘Ramodibedi’s interventions in the Makhubu
trial, some of doubtful legality, are seen as driven by both a personal grudge
and a desire to gratify Mswati. The treatment of Makhubu shows signs of
vindictive overkill: armed police stormed his parents’ rural homestead and a
heavily armed police guard escorted him from prison to court.
It added Ramodibedi laid two contempt charges against Makhubu.
‘Makhubu was denied bail as an alleged flight risk. Ramodibedi has also
personally threatened the managing editor of the Swazi Observer with
arrest if the newspaper continued to comment on the Makhubu trial,’ it said.
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