Swaziland
High Court Judge Mpendulo Simelane and Judge Jacobus Annandale were both
arrested Monday (20 April 2015) by the Anti-Corruption Commission (ACC) and
officers from the Police Fraud and Commercial Crime Unit.
The
Swaziland High Court Registrar Fikile Nhlabatsi was also arrested.
They face
charges including defeating the ends of justice and conflict of interest.
They are
all involved
in the case involving Swaziland Chief Justice Michael Ramodibedi, who faces
arrest on 23 charges, including abuse of power.
There was
confusion on Monday (20 April 2015) about the status of the Chief Justice. An
arrest warrant was issued on Friday and he has been holed up in his house in
Mbabane since then. Usually well informed sources said on Monday that Ramodibedi
had been arrested and taken to Mbabane Police Station.
This
proved incorrect and the CJ remained
in his house. Armed police and state riot police have been outside the
house for several days. It is unclear why they have not entered the house by
force. The police in Swaziland have a deserved reputation for smashing their
way into houses of people they believe to be pro-democracy activists and
arresting the occupants.
The Swazi
Observer, a newspaper in effect owned by King Mswati III, the absolute
monarch in Swaziland, reported on Tuesday (21 April 2015), ‘Judge Simelane was
held for his part in the Chief Justice Michael Ramodibedi versus the Swaziland
Revenue Authority (SRA) E128,000 (US$12,800) gratuity case.
‘Simelane
presided over the matter, where the CJ wanted his tax gratuity from the taxman
and ruled in favour of his boss knowing very well that he (Simelane) was part
of the CJ’s team which presented written and oral presentations whilst he was
still the Registrar of the High Court.
‘He
refused to declare his interest and recuse himself in the matter.
‘The CJ
eventually won the case with Judge Simelane ordering that SRA should refund the
CJ his E128,000 plus interest.
‘The SRA
is currently appealing the decision by Judge Simelane at the Supreme Court.
‘He was
rounded up by officials from the Anti-Corruption Commission yesterday morning.
His warrant of arrest was issued by High Court Principal Judge Stanley
Maphalala last Friday. It was issued together with that of his boss the Chief
Justice Michael Ramodibedi.
‘Their
act is said to have eroded the confidence of the public in the country’s
justice system.
‘Simelane
has only served a year and three months as a judge of the country’s highest
court having been elected into the bench on February 14, 2014. Judge Simelane
has been appointed into the Industrial Court Appeal Court and full benches at
the High Court under controversial circumstances.
‘Annandale,
a former acting chief justice, on the other hand is alleged to have been
arrested for trying to rescind
the warrant of arrest issued by Principal Judge Maphalala against Chief
Justice Ramodibedi on Saturday.
‘Justice
Annandale’s act is said to have been both procedurally wrong and corrupt.
‘He was
also rounded up by the officials from the ACC together with officers from the Fraud
and Commercial Crimes Unit at his home at Pine Valley yesterday morning.’
The
newspaper reported, ‘Nhlabatsi is alleged to have waved a fake order rescinding
the warrants of arrest against Chief Justice Michael Ramodibedi and Judge
Mpendulo Simelane. The order was issued by High Court Judge Jacobus Annandale
on Saturday.
‘She
together with Annandale is facing charges of defeating the ends of justice for
such an act.’
The
arrested were expected to make appearances at the Mbabane Magistrate’s Court on
Tuesday (21 April 2015).
See also
SWAZI
MINISTER OF JUSTICE ARRESTED
ARREST
WARRANT FOR CHIEF JUSTICE
CJ
BID TO CANCEL OWN ARREST WARRANT
CJ
HAS HISTORY OF ABUSE OF POWER
CJ
AND JAILED JOURNALISTS
http://swazimedia.blogspot.com/2015/04/cj-warrant-what-jailed-journalists-wrote.html
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