Swaziland’s Chief Justice Michael Ramodibedi has attacked
the kingdom’s only independent daily newspaper and forced it to apologise ‘unreservedly’
after it published criticisms of his handling of a contempt of court case.
But, although the Times
of Swaziland has been gagged, international observers continue to criticise
Ramodibedi for his actions.
One article published by the Open Society Initiative for
Southern Africa (OSISA ) called the case, ‘the end of the road for the rule of
law in Swaziland’, the kingdom ruled by King Mswati III, sub-Saharan Africa’s last
absolute monarch.
The contempt of court case involves Bhantshana Gwebu, the
Swazi Government’s chief vehicle inspector.
Mantoe
Phakathi, wrote on the OSISA website, ‘In the latest shocking display of
his utter contempt for the rule of law, Chief Justice Michael Ramodibedi sent
Gwebu to prison for seven days for contempt of court on January 20 - having
refused him the right to legal representation.’
Phakathi added, ‘On Saturday January 18th, Gwebu - in his
role as chief government vehicle inspector - charged and arrested, Vusi Tsela,
for driving a government vehicle without authority. Now, Tsela happens to be
the official driver for High Court judge, Esther Ota, and he had taken her to
one of the elite schools in Mbabane so that she could buy her children's
uniforms before classes resumed on January 21st.
‘When Gwebu pounced and demanded to see the official
documents that allowed Tsela to drive the car to this school on a Saturday, he
discovered that Tsela did not have the right papers. He subsequently charged
him and impounded the car, while Ota pleaded that she was on her way to court
because she was the duty judge for the weekend and had just needed to run some
personal errands before going to work.
‘Needless to say, this affront to the judiciary could not
be stomached - well not by Chief Justice Ramodibedi.’
Gwebu was rapidly issued with a warrant of arrest and
handed himself in to police on Monday January 20.
Phakathi wrote, ‘With
astonishing speed - particularly given the glacial pace of many cases in
Swaziland - Gwebu appeared before Ramodibedi in his chambers at the High Court
on the very same day. And was then immediately taken off to jail, pending his
hearing a week later.’
Phakathi added, ‘Meanwhile,
Ramodibedi himself is facing impeachment charges in his home country, Lesotho,
where he was suspended from his position as Court of Appeal president. So it
sadly comes as no surprise that Ramodibedi has bypassed the law in this latest
case. Despite his position as the head of the judiciary, the law seems to be
something that he can take or leave - depending on who is involved. Clearly, he
believes that there is a group of powerful, influential people - not just the
King and his mother - who are above the law of the land.
‘But it still doesn't entirely explain why Gwebu is
languishing for doing his job. The charges against the driver could easily have
been dropped. Gwebu could have been given a talking to behind closed doors. But
it’s worth remembering that Gwebu once impounded Ramodibedi’s official car for
allegedly abusing it. Perhaps this is partly pay-back time for that.’
Journalist Ackel Zwane
wrote in the Swazi Observer, a newspaper in effect
owned by King Mswati, ‘In his bravery Bhantshana went ahead to even seize Chief
Justice Michael Ramodibedi’s vehicle while he was on an outside trip. Surely
this did not please the giant legal eagle and this time around the warrant of
arrest was issued by the grand CJ.’
When the Times of
Swaziland ran a version of the story on its website, it attracted a number
of critical comments from readers. Ramodibedi then demanded his apology from
the newspaper, which is the only daily newspaper in the kingdom free of direct monarchical
control.
In a front-page apology, that was not published online,
the Times called the readers’
comments ‘contemptuous’. The newspaper said we, ‘unreservedly apologise to the
Honourable Chief Justice, as well as Her Ladyship Judge Ota and to the entire
Judiciary.’
Journalists who criticise the judiciary are not tolerated
by the judges in Swaziland. In April 2013 Bheki Makhubu the editor of the
monthly magazine the Nation
was
convicted of criminal contempt of court after publishing two articles
criticising the judiciary. He was fined E200,000 (US$22,000) by the High Court
and told if he did not pay within three days he would immediately go to jail for
two years. His sentence is on hold pending an appeal to the Swaziland Supreme
Court.
Commenting on the Gwebu case, the
Media Institute
of Southern Africa, Swaziland chapter, said, ‘It is unclear if it was a
specific comment that sparked the apology and retraction, or whether it was
several of the comments. It is also unclear whether political pressure was put
on the
Times of Swaziland to issue
the apology.’
See also
OSISA: JUDGES ATTACK PRESS FREEDOM
