The Supreme Court said the jailing by the Swazi High Court was unsupportable. The pair had been in jail since March 2014.
The decision follows a massive international
campaign to have Makhubu and Maseko released that included the United
Nations and the European
Parliament. Amnesty
International had named the two men prisoners
of conscience.
The Supreme Court upheld their appeal against their convictions
in the High Court last year on two charges of contempt of court and their
two-year prison sentences, and ordered their immediate release from prison. The
two had written
and published articles that appeared in the Nation magazine, a tiny-circulation monthly magazine that circulates
in Swaziland.
Media are mostly state-controlled or in effect owned
by King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute
monarch.
The articles
had been critical of the Swazi judiciary in particular and the then Chief
Justice Michael Ramodibedi.
Ramodibedi was sacked
from his post on 17 June 2015 after a Judicial Service Commission hearing
found him guilty of abuse of power. Ramodibedi
left Swaziland for his home country of Lesotho. A warrant
for his arrest has been issued in Swaziland.
The two men’s criminal trial in the Swazi High Court
was presided over by Judge Mpendulo
Simelane, who has since been charged with corruption and defeating the ends
of justice.
South Africa’s Independent
on Line reported that at the Swazi Supreme Court the State had indicated
that it was not opposing the appeal against conviction and sentence as the
Directorate of Public Prosecutions believed that the convictions were
unsupportable and that Judge Simelane should have recused himself from the case
at the start of the trial.
Caroline
James, a freedom of expression lawyer at the Southern Africa Litigation
Centre, which has been supporting Makhubu and Maseko’s legal fight, said, ‘The
Crown’s concession that grave errors were made during the trial is a
vindication for Maseko and Makhubu. The recognition by the prosecution and the
court that the role of the prosecution is to prosecute and not persecute is
extremely welcome in Swaziland where the law has been applied at the whim of
individuals in the recent past.’
The New York-based Committee
to Protect Journalists, which was one of the organisations from across the
world that protested the sentences, welcomed the release and said the
prosecutions had been ‘vindictive from the start’.
See also
SWAZI
HUMAN RIGHTS WORSEN: AMNESTY
JOURNALISTS
JAILED TO DETER OTHERS
http://swazimedia.blogspot.com/2014/07/journalists-jailed-to-deter-others.html
US BACKS CONVICTED SWAZI JOURNALISTS
http://swazimedia.blogspot.com/2014/07/us-backs-convicted-swazi-journalists.html
JUDGE RESTRICTS PRESS FREEDOM
http://swazimedia.blogspot.com/2014/07/judge-restricts-press-freedom.html
SUPPORT FOR CONVICTED JOURNALISTS
http://swazimedia.blogspot.com/2014/07/global-support-for-convicted-journalists.html
WHAT CONVICTED JOURNALISTS WROTE
http://swazimedia.blogspot.com/2014/07/convicted-journalists-what-they-wrote.html
http://swazimedia.blogspot.com/2014/07/journalists-jailed-to-deter-others.html
US BACKS CONVICTED SWAZI JOURNALISTS
http://swazimedia.blogspot.com/2014/07/us-backs-convicted-swazi-journalists.html
JUDGE RESTRICTS PRESS FREEDOM
http://swazimedia.blogspot.com/2014/07/judge-restricts-press-freedom.html
SUPPORT FOR CONVICTED JOURNALISTS
http://swazimedia.blogspot.com/2014/07/global-support-for-convicted-journalists.html
WHAT CONVICTED JOURNALISTS WROTE
http://swazimedia.blogspot.com/2014/07/convicted-journalists-what-they-wrote.html