LAW BODIES AGAINST JUDGE’S SACKING

The International Commission of Jurists (ICJ), the Southern Africa Development Community Lawyers Association (SADC LA) and the Southern Africa Litigation Centre (SALC).

Joint statement

30 September 2011

SOURCE

Swaziland shows contempt for rule of law as Minister of Justice and judge are dismissed

The International Commission of Jurists (ICJ), the Southern Africa Development Community Lawyers Association (SADC LA) and the Southern Africa Litigation Centre (SALC) voice the utmost alarm at reports that Judge Thomas Masuku has been dismissed from his office as judge of the High Court of Swaziland and that Swaziland’s Minister of Justice has similarly been dismissed for refusing to sign Judge Masuku’s dismissal order.

These actions speak to clear contempt for the rule of law and further debasement of Swaziland’s system of governance. In the end result, not only has Judge Masuku been dismissed for no offence save earning the Chief Justice’s personal enmity, but the Minister of Justice, who on principle refused to sign-on to this campaign of persecution, has also been sacrificed.

Judge Masuku’s dismissal follows a clearly tainted disciplinary hearing. The initial twelve charges of misconduct put to Judge Masuku were so vague and unsubstantiated as to create the impression that they were spurious. As it transpired, several of the charges were abandoned at the disciplinary hearing. The disciplinary hearing itself was not conducted in compliance with fundamental principles of justice and fairness. The Chief Justice refused to recuse himself, notwithstanding the fact that he acted both as accuser and judge; the application for the hearing to be held in public was denied and the opportunity to cross-examine deponents to the affidavits attesting to Judge Masuku’s alleged misconduct was also refused. No reasons were provided for these decisions.

These recent events are likely only to further inflame Swaziland’s judicial crisis. Last week, Swaziland’s lawyers took the unprecedented step of marching through the street of the capital, Mbabane, to highlight their frustration at the Judicial Service Commission’s unwillingness to receive their complaint against the Chief Justice. The march follows an instruction by the Chief Justice to the magistrate courts to proceed with criminal cases despite the lawyers’ current boycott of the courts which has resulted in the convictions of unrepresented accused.

The Swaziland Law Society’s complaint relates to several directives issued by the Chief Justice. One of the directives requires that no case may be allocated to a High Court judge for hearing unless the Chief Justice has determined such allocation. This has proved not only practically unworkable but has also allowed for the perception of bad faith in case allocation. The most controversial of the directives determined that no summons may be issued against the King’s office, flying in the face of long-established precedent and leaving several parties, including those who have engaged in commercial transactions with the King’s office, without remedy.

See also

SWAZI KING ABANDONS RULE OF LAW

http://swazimedia.blogspot.com/2011/09/swazi-king-abandons-rule-of-law.html

PUDEMO ‘PREPARES TO TAKE POWER’

People’s United Democratic Movement (PUDEMO)

Statement

20 September 2011

SOURCE

Public transport sector buckles under the financial crisis

In light of the continued all round crises facing the royal regime and their resort to the use of brutal force against unarmed civilians, the People's United Democracy Movement (PUDEMO) would like to congratulate the people of Swaziland for heeding our call to make the country ungovernable and Tinkhundla unworkable. All the institutions of the regime are collapsing!

Our President Mario Masuku recently called for the people of Swaziland to create the biggest unstoppable Tsunami for democracy and specifically challenged the youth and workers to render the country ungovernable and Tinkhundla unworkable.

Indeed our people have heeded the call by our President and if yesterday's events in Manzini are anything to go by, then we can safely say that the centre can no longer hold. PUDEMO calls upon the people of Swaziland to join us as we prepare to take over power because clearly they have lost all manner of legitimacy and authority. People's anger has reached a crescendo and true to our congress resolution to build a momentum for democracy in Swaziland, indications point to a country suffering from a fully blown political, social and economic crisis.

Sibusiso Barnabas Dlamini, King Mswati's imposed senile henchman, is now leading a crisis committee more than a government. Yesterday public transport operators, mainly the workers (drivers and conductors), engaged in fierce running battles with the brutal paramilitary police popularly known as the OSSU along the Mbabane/Manzini corridor. The nasty confrontation began right in the busy bus [rank] in Manzini and spread along the popular corridor with fierce battles taking place along the main routes linking the two cities.

For the better part of the day no public transport was allowed either to enter or leave Manzini.

People were forced to disembark from public transport and go on foot for more than five kilometres as the city resembled a war zone. As early as 1600 hrs, the people were literally streaming out of the city while police tried to fight with the seemingly powerful and resolute conductors. All this is happening while King Mswati is having a holiday in Nhlangano, having watched half naked bare breasted maidens dance over the weekend. Without a doubt public resources were used to organize such highly politicized so called cultural events.

The bone of contention according to the transport operators was the brutal treatment meted to their colleague by the regime's traffic cops. This is a concern they have been raising for a long time with no positive response from the government. They complain of exorbitant fines
for minor offences; their licenses get confiscated and traffic cops waylay and target them for quick fines to aid the government's depleted revenue.

All this points to a regime battling with legitimacy crisis. As a quick measure to collect revenue, the regime has since last year instructed the police department to play its role in ensuring that it contributes at least R 3 000 000 quarterly but not without consequence on the poor.

Consequently, motorists and pedestrians alike have been targeted for detention and fines for minor traffic offenses. Since the beginning of the year, cases of drink driving have escalated and the regime receives "good and quick" revenue from this operation.

PUDEMO also notes with appreciation the Law Society's recent decision to continue the boycott. Running to almost a month now, the Law Society has proven to all of us that on matters of principle, there must never be compromises. Even though this is taxing hard on their own survival as people in a business, lawyers continue to boycott the country's court in
a true act of camaraderie.

While battling with the judicial crisis, the government is still faced with an education crisis at UNISWA as well as Primary and High Schools not to mention the economic crisis. It is now a war from all fronts. This again shows the country is ungovernable and Tinkhundla is unworkable. No amount of cosmetic SMART partnership dialogues will help now. It is time for genuine dialogue.

PUDEMO says the moment has come, lets us continue to sharpen the contradictions, make the country ungovernable and then take over power.

The national momentum towards democracy is building up. It is now or never!!

See also

POLICE BLAMED FOR BUS VIOLENCE

http://swazimedia.blogspot.com/2011/09/police-blamed-for-bus-violence.html

CJ ACCUSED OF SEXUAL HARASSMENT

AFP

International news agency AFP reports on a case that the media in Swaziland have been banned from publishing.

14 July 2011

SOURCE

Swazi lawyers accuse chief justice of sexual harassment

Swazi lawyers have filed a sexual harassment case against the chief justice, who sparked controversy by suspending a judge for "insulting" King Mswati III, the AFP news agency reports today (14 July 2011).

The nation's lawyers went on strike six days ago to protest Chief Justice Michael Ramodibedi's decision to suspend judge Thomas Masuku over 12 misdemeanour offences, including a reference to Mswati as "forked-tongued" in a 2010 ruling and a sexual affair with a female judge.

In a case filed yesterday with the Judicial Service Commission, the [Swaziland] Law Society accused Ramodibedi of sexual harassment, based on complaints from five female court workers.

"Justice Ramodibedi has conducted himself in an inappropriate manner towards female employees of the High Court of Swaziland," read the complaint, which was seen by AFP.

"There is prima facie evidence that the chief justice is guilty of charges of sexual harassment," added the complaint.

The Judicial Services Commission quickly banned Swazi press from publishing details of the lawyers' complaint.

Lawyers agreed to return to work from today, while the commission studies their complaint.

Ramodibedi, from the nearby kingdom of Lesotho, was brought in last month by Mswati to become chief justice. One of his first acts was an order preventing anyone from "directly or indirectly" suing the king.

Ramodibedi is currently in Botswana where he sits on the appeals court.

Masuku is one of the few judges who has dared to be critical of Mswati, Africa's last absolute monarch.

The strike by the lawyers has added to pressure on Mswati, Africa's last absolute monarch who since April has faced a series of protests demanding democratic reforms.

Civil servants have spearheaded the protests against moves to slash their salaries, as the kingdom struggles with a crippling financial crisis that has left it battling to pay salaries and keep schools and clinics running.

See also

SWAZI LAWYERS CALL OFF BOYCOTT

http://swazimedia.blogspot.com/2011/07/swazi-lawyers-call-off-boycott.html