JUDGE TO SUE CHIEF JUSTICE FOR LIBEL

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By Manqoba Nxumalo

The Judge who is alleged to have been in an ‘illicit’ relationship with suspended Judge, Thomas Masuku, has filed a defamation lawsuit of an undisclosed amount against Swaziland’s Chief Justice Michaeal Ramodibedi and the entire Judicial Service Commission (JSC).

High Court Judge Thomas Masuku was suspended on Wednesday (29 June 2011) and slapped with 12 charges one of which includes being in an ‘illicit’ relationship with a female judge. Even though local newspapers did not reveal who the judge is, it has been exclusively gathered that the judge in question is Ghananian born Judge, Mabel Agyemang.

Agyemang had previously worked in The Gambia through the Commonwealth Fund for Technical Co-operation (CFTC) and was appointed to the High Court of Swaziland in October 2008 for a two-year assignment to help strengthen the judiciary.

Our investigations have revealed that Agyemang received news that she was implicated in Masuku’s charges with alarm and disbelief and immediately contacted senior lawyer S’dumo Mdladla to institute a lawsuit against the Chief Justice and JSC for defamation.

Agyemang is married in her native country.

Masuku was suspended by the controversially-appointed Chief Justice Michael Ramodibedi who alleged in the charges that Masuku was having an illicit relationship with a female judge, from amongst other charges.

He was also accused of ‘associated with those who want to bring about unlawful change to the regime’.

However, Masuku has denied such accusations instead argued that his conscious was clear in all this mess.

A highly reliable source said that Agyemang had instituted defamation suits against the JSC and is in the country to ensure that the case goes through.

“She came to the country with her husband,” said the source.

Civil society members have reacted with outrage to reports that Masuku has been arrested. Coordinator of the Swaziland Coalition of Concerned Civic Organisations (SCCCO) Musa Hlophe said in a statement that civil Society would support Justice Masuku’s defense in the light of what he called ‘laughable charges’ and that they that his victory would spell the end to a style and an era of judicial leadership that can only be considered as a democratic aberration.

Compiled by Marble News Agency
ncobasnxu@yahoo.com

HELP FOR JUSTICE IN SWAZILAND

Justice Mabel Agyemang, a Ghanaian who had previously worked in The Gambia through the Commonwealth Fund for Technical Co-operation (CFTC), was appointed to the High Court of Swaziland in October 2008 for a two-year assignment to help strengthen the judiciary and deliver fast, expert judgments on cases.

On 16 March 2009, Justice Agyemang issued a landmark judgment in Swaziland’s High Court, affirming the right of every Swazi child to receive free primary education as set out in the country’s 2005 Constitution.

‘Decisions like this are seen as a great help in a country where school fees keep children out of school,’ says Justice Agyemang. A labour support group had filed the case, arguing that government departments should not plead budgetary constraints, and that primary education must be offered to the 16 percent of Swazi children who currently miss out.

The ruling was hailed by local media and civil society organisations as a victory for the developing, independent Swazi judicial system and for the rights of the child.

Her other key rulings have spanned both private and public law, including cases on defamation, unlawful arrests and police brutality, as well as election disputes, a case that affirmed the right of local newspapers to report on a church leadership dispute, and another which upheld the legality of Swaziland’s Electoral Commission.

The last case, which put to rest simmering discontent regarding the electoral system by reason of the composition of the election organising and supervising body, was decided in March 2009 by the full bench of the High Court. Justice Agyemang delivered the majority judgment.

The Commonwealth Fund for Technical Co-operation (CFTC) is the principal means by which the Commonwealth Secretariat delivers development assistance to member countries.

To read more from the Commonwealth Secretariat on Justice Agyemang’s work in Swaziland

click here.