The Law Society of
Swaziland is taking on the kingdom’s judiciary, arguing that King Mswati III
has appointed judges in violation of the constitution.
An attempt to
challenge the appointment as a High Court Judge of Mpendulo Simelane failed on
Friday (1 August 2014) when a case at the High Court was dismissed before the
Law Society’s lawyers arrived at the court.
The Law Society argues that Simelane is too inexperienced to be a High Court Judge. It says
the constitution states that a High Court Judge must have at least
10 years’ experience in legal practice. The Law Society says Simelane only has
five years’ experience, which the judge disputes.
In Swaziland, King
Mswati rules as an absolute monarch and he chooses the judges. Critics say that
Swazi judges tend to do the bidding of the King, rather than uphold the
constitution.
The King
reappointed Michael Ramodibedi as Chief Justice in contravention of the
constitution that states the holder of this position should be a Swazi. Ramodibedi
comes from Lesotho.
The three judges on
the High Court bench in the Simelane case were themselves inexperienced. The
chair, Judge Abande Dlamini, sits in the Industrial Court and had been sworn in
as an acting High Court Judge only the day before.
The other two
judges on the bench, Justices Mbuso Simelane and Bongani Dlamini are also only
acting judges.
Together they dismissed the Law Society’s case and awarded punitive damages against the
organisation when at 9.30am the case was called three times and the Law Society
failed to answer. The Law Society’s legal team arrived at the court 15 minutes
later.
The Law Society is
to appeal the decision. Meanwhile, it is also to challenge the appointment of Judge
Abande Dlamini, because, as with Simelane, Dlamini has not been a legal practitioner
for at least 10 years.
It also says that Justices Mbuso Simelane and Bongani Dlamini should not hear a case brought by the Law Society because they are themselves members of that organisation.
It also says that Justices Mbuso Simelane and Bongani Dlamini should not hear a case brought by the Law Society because they are themselves members of that organisation.
Judge Mpendulo
Simelane was criticised by the United States, the European Union and many human right organisations across
the world last month when he sentenced a magazine editor Bheki Makhubu and human
rights lawyer Thulani Maseko to two years imprisonment after they wrote and published articles critical of the judiciary in general and
Chief Justice Michael Ramodibedi in particular.
Following the
dismissal of the Law Society’s application, the Swazi Observer, a newspaper in effect owned by King Mswati III, reported that permanent High Court judges were
available to hear the case and it was not necessary to have acting judges on
the bench.
The newspaper
reported that in May 2014 Ramodibedi
issued warrants for the arrest of three High Court judges, but had to withdraw
them after Supreme Court judges threatened to resign if the arrests went ahead.
The newspaper
reported, ‘The move to sideline the judges is consistent too with the CJ’s
recent interview in one of the tabloid weekly publications that some judges
were being used to overthrow the Monarch and he would not allow them whilst he
was still in charge.
‘This recent move
by the CJ is a vote of no confidence to the rest of the judges of the High
Court to listen to such an application,’ the newspaper reported.
See also
OSISA ON SWAZI
JUDICIAL CRISIS
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