The European Union Ambassador to Swaziland Nicola Bellomo has severely criticised the legal
system in the kingdom ruled by autocratic monarch King Mswati III. He said even
a child could be made a judge.
Bellomo who is soon to
leave Swaziland told the Nation
Magazine the rule of law did not prevail in Swaziland.
The Nation, an independent magazine of comment in a
kingdom where censorship and self-censorship is rife, reported (August 2017),
‘The judiciary in this country has yet to find its footing and earn the respect
it once had. It is a mess, right now. But, at least, there’s an acknowledgement
that there is still a lot of work to do to get the country's judicial system on
the right track. A country that has the kind of judicial system we have, where
even a child can become a judge, cannot attract investment.’
The Nation
called Bellomo’s comments ‘a scathing attack at the
judiciary’.
The magazine reported Bellomo
saying, ‘On the rule of law, there are structural problems beyond the political
issues. If you have courts with ten judges who can hardly meet the expectations
of the country, then you have structural issues.
‘Then of course you have
issues with the judges, like the one who was allowed to sit on the bench and
yet did not qualify. That is something shocking for a rule of law country.’
Bellomo is not the first
to draw attention to Swaziland’s broken legal system. In February 2016, the International
Commission of Jurists (ICJ) reported King Mswati III’s absolute
monarchy in Swaziland ‘ultimately is incompatible with a society based on
the rule of law’
The report, Justice
Locked Out: Swaziland’s Rule of Law Crisis, called on Swaziland’s
Constitution to be amended to bring it in line ‘with regional and universal
international law and standards, in particular on the separation of powers and
respect for judicial independence.’
An international mission investigated Swaziland
following the
attempted arrest and the impeachment of former Chief Justice Michael
Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe, two High Court judges Mpendulo
Simelane and Jacobus Annandale and High Court Registrar Fikile
Nhlabatsi in April 2015.
The report
stated the judicial crisis was ‘part of a worrying trend of repeated
interference by the Executive and of the Judiciary’s inability to defend its
independence, exacerbated by apparent strife within the ruling authorities of
Swaziland.
‘Swaziland’s Constitution, while providing for
judicial independence in principle, does not contain the necessary safeguards
to guarantee it. Overall, the legislative and regulatory framework falls short
of international law and standards, including African regional standards.’
It added, ‘The mission found that some members of the
Judiciary have exercised their mandate with a lack of integrity and
professionalism. In particular, former Chief Justice Ramodibedi failed to
protect and defend the institutional independence of the Judiciary, and played
a reprehensible role in undermining both the institutional independence of the
Judiciary and that of individual judges in Swaziland.
‘He also presided over, or was involved in the case
allocation of, legal proceedings in which he had a personal interest or in
which he acted at the apparent behest of members of the Executive, further
undermining the independence and impartiality of the Judiciary.
‘Based upon its independent research, including its
consultations with various stakeholders, the fact-finding mission determined
that this latest crisis has served to expose already existing divisions within
and between the Judiciary and the Executive.
The consequence has been an abuse of the justice system to settle
political scores, further damaging the independence of the Judiciary in the
process.
‘Overall, the events that triggered the international
fact-finding mission are both a reflection of a systemic crisis and potentially
a contributing factor to its deepening further. In light of its findings, this
report includes the fact-finding mission’s recommendations for reform to the
Crown, Executive and Legislature, the Judiciary, the legal profession, the
international community and civil society, which it considers will strengthen
the rule of law, respect for human rights and access to justice and effective
remedies in the Kingdom of Swaziland.’
See also
JURISTS:
DEEP FLAWS IN LEGAL SYSTEM
SWAZI
JUDICIAL CRISIS: KING’S WORD IS LAW
SWAZI
JUDICIAL CRISIS: FULL CHARGES
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