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Showing posts with label chief justice. Show all posts
Showing posts with label chief justice. Show all posts

Friday, 19 January 2024

Swaziland Newsletter No. 810 – 19 January 2024

 

 

Swaziland Newsletter No. 810 – 19 January 2024

News from and about Swaziland, compiled by Global Aktion, Denmark (www.globalaktion.dk) in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com), and sent to all with an interest in Swaziland - free of charge.

 

Chief Justice Bheki Maphalala who is accused of corruption within the Master of High Court appoints his team of judges to investigate allegations

By Bongiwe Dlamini, Swaziland News, 17 January, 2024

SOURCE 

MBABANE: Chief Justice (CJ) Bheki Maphalala has violated the basic principles of investigation by appointing a team of Judges who are his ‘close friends’ to investigate alleged corruption within the Master of the High Court.

Efforts to seek a comment Charity Simelane, the Secretary General of the Law Society of Swaziland (LSS) proved unsuccessful at the time of compiling this report, she said she was in court when contacted.

The Master of the High Court is under the Chief Justice’s Office and the Judges report directly to the CJ, Maphalala stopped an independent Parliament investigation that was seeking to investigate the disappearance of public funds and/or alleged looting of estates with the Master’s Office.

Addressing the media during a press conference on Tuesday the Chief Justice said, the Commission of Inquiry “has been established” after a public outcry during Sibaya.

“I have appointed these Judges to listen to the public outcry in the administration of the Master of the High Court Office and I’m confident that they will work independently”, said the Chief Justice.

The Judges who are closer or alleged puppets of the Chief Justice and has been appointed as members of the Commission of Inquiry into allegations of corruption within the Master of the High Court Office include Judge Majahenkhaba Dlamini, Judge Mzwandile Fakudze, Judge Lorraine Hlophe, Judge President of the Industrial Court Sifiso Nsibandze and Judge Maxine LaNgwenya.

On another note, the Judges who were appointed by the Chief Justice to investigate the Master of the High Court, reports directly to him as the Head of the Judiciary.

See also

CJ appoints 5 judges for commission of inquiry: public invited to probe of Master’s office

http://www.times.co.sz/news/143491-cj-appoints-5-judges-for-commission-of-inquiry-public-invited-to.html


No cars, cops unable to attend GBV cases

eSwatini News, 13 January 2024

SOURCE 

MBABANE: Despite the increasing number of gender-based violence (GBV) cases, the Royal Eswatini Police Service (REPS) is reportedly not equipped to fight it.

It is not a secret that GBV continues to be a pressing issue in the country, prompting calls from mainly pro-women non-governmental organisations for it to be declared a national emergency. By classifying GBV as a national emergency, it is hoped that government would allocate the necessary resources and funding to effectively combat this pervasive problem. It is essential to note that the majority of those affected by GBV are women and children, highlighting the urgent need for action. Also, the Sexual Offences and Domestic Violence (SODV) Act, 2018, was enacted to empower the police to act on offenders, while at the same time ensuring that the courts gave tough sentences to offenders, sending a tough message.

To address GBV-related issues, the REPS have a specialised unit called the Domestic Violence and Children’s Protection Unit. The unit has branches at all police stations and posts throughout the country, ensuring that they reach affected community members promptly. The primary objective of this unit is to prioritise the needs for GBV survivors when they come forward with complaints, including cases of rape. In the past, rape survivors needed a specific unit to address their concerns, instead of being attended to in the presence of others, who arrived to report other crimes.

However, concerning reports have emerged regarding the lack of resources available to adequately address GBV cases. The phrase: ‘we are grounded’ is now being used by some police officers, whom, speaking off the record said they were concerned about the lack of tools. They said it was not only vehicles as there was also a shortage of rape kits. The kits are used to assist during traumatic situation when a person is reporting rape. The police officers also said that they sometimes used personal funds to assist.

According to some police officers interviewed from various bases, nearly all police stations (and posts inclusive) had a shortage of vehicles to attend to GBV-related matters.

One police officer,  *Mkhaba, disclosed that he was aware of stations in the Manzini Region, such as Mankayane, Bhunya and Kapunga that they complained of lack of vehicles to go about their duties.

Mkhaba further revealed that, in some instances, police stations could only attend to less than 20 per cent of the reported GBV-cases, due to the lack of transportation resources. Tragically, some abuse survivors are forced to make their own way to the police station due to lack of vehicles. A police officer also revealed that this lack of vehicles, had in the past, resulted in fatal attacks. He also said the Manzini area appeared to have been hard hitting because it had a very high number of GBV cases. Recently, there had been calls to end GBV and that it should be declared a national emergency. More police officers are now saying that it would be impossible to end GBV without the necessary tools.

They blamed their superiors for this, accusing them of not taking time to understand what was taking place on the ground. *Jomo, who is also a police officer in the Hhohho Region stated that the REPS did not prioritise the matters, especially those under the SODV Act 2018. He said these cases also included rape or even some cases of assault. Jomo said an area such as Buhleni was very large and that it had many case of GBV, yet they did not have vehicles specifically for matters relating to GBV. Meanwhile, some police officers are now demanding that the Prime Minister (PM) should act on this. The PM is the minister responsible for the police.

* Not their real names

To read more of this report, click here

http://www.times.co.sz/news/143414-no-cars-cops-unable-to-attend-gbv-cases.html

 

Cops called in for picketing ex-TLC employees

By Kwanele Sibiya, eSwatini Observer, 14 January 2024

SOURCE 

Police had to be roped in as about 30 former employees of The Luke Commission (TLC) convened next to the hospital premises to deliver a petition, demanding, among other things a settlement agreement payment.

They claim that their contracts were terminated prematurely before the agreed period. The 30 are among the 160 employees who were retrenched last month.

The former employees also demanded long service and notice pay from the hospital. They alleged that the authorities of the hospital promised to take care of them and protect them.

“They said we won’t struggle financially, however, they have failed to pay us on time,” alleged the former workers. They claimed that they had been summoned to a meeting by the authorities where they were told that they had been laid off from work, but after some time, they received SMSes informing them that they had been retrenched.

They accused the hospital of breaching the contracts, as some claimed that their contracts were to elapse on September this year.

The workers said they were supposed to be notified about the termination of the contracts 90 days before the contracts were terminated.

“They should have given us a three months’ notice as per the provision of Section 32 of the employment Act,” they said.

They demanded that the hospital furnish them with a notice pay as well as their settlement agreement fee, since, according to the law, if there was an existing contract that was terminated, they should receive all their benefits contained therein.

They further demanded long service payment.

The former workers also demanded to know the criteria used by the hospital when deciding which worker to retrench.

They also requested a copy of the letter from the office of the labour commissioner indicating that they were being laid off or retrenched lawfully.  

They claimed that workers who were of foreign origin at the hospital were receiving special treatment as they were allegedly paid higher wages.

It is worth noting, however, that the petition delivery was a futile exercise as a battalion of police officers, who were camped by the entrance of the hospital, prevented the workers from delivering the petition.

An officer who was in charge of the operation, who was only identified as Tsabedze, is said to have informed the workers that they were not allowed to deliver the petition at the hospital due to safety reasons, which he frankly refused to unpack.  

To read more of this report, click here

http://new.observer.org.sz/details.php?id=21855

 

PM open to debate to attain political stability

By Mthunzi Mdluli, Times of eSwatini, 12 January 2024

SOURCE 

MBABANE: Prime Minister (PM) Russell Mmiso Dlamini says political stability may not be easy to achieve but it is attainable.

Dlamini said there were risks involved in attaining political stability. During a live interview with Eswatini Television senior editor John Molelekeng, on Wednesday, Dlamini said engagement with each other was the best option for maintaining peace, despite differences based on political affiliation. The PM was responding to a question on what he thought should be done to ensure that Eswatini continued to be a peaceful country.

He said it was important to allow people with different political views to state their case, without engaging in a fight. “I believe that if you and I were to sit here and have a debate on which political system was the best, I would then have to explain the reasons for my conviction. After that, I need to give you the opportunity to state why you feel another system is better,” he said. He said on merit, one might possibly win the debate, despite that some people may feel that such an individual did not make sense.

He said media platforms, such as Eswatini TV, could create a safe space for debates. “I am saying a safe space because when the debates take place, some of the participants end up using vulgar language when they realise that they are losing,” he said. He said during the debates; “Let the best idea win.” Dlamini said he believed that emaSwati had the best ideas due to the fact that this was one of the countries that had maintained its culture and traditions. “We have the best ideas and ways of handling our issues.” He further stated that financial stability was one way in which the country would come out of the challenges it faced.

Political analyst Mbho Shongwe says there is a difference between a debate and a dialogue. He was responding to Prime Minister (PM) Russell Mmiso Dlamini’s assertion that having debates on certain political issues was one of the risks to be taken by any country to attain political stability. Shongwe said during debates, participants chose which side they wanted to support. He said this, at times, did not bear solutions. On the issue of dialogue, Shongwe said this was an essential means to address issues of national interest. “On national interest issues, we only need a dialogue and not debates in order to formulate policies, government development, and how citizens must be governed. A dialogue must be open and not one-sided to avoid a situation in which the one with the upper hand would have the final say. This does not help anyone, but causes wars in most countries,” said Shongwe.

He said the country needed a dialogue, following the June/July 2021 political unrest, where some people lost their lives and property. The dialogue was announced in 2021 after the tragedy by government. According to Shongwe, the dialogue would help in finding out the cause of the unrest, the people involved, or those who were responsible for the unrest. “People died during the unrest. The government was present at that time, but we are not told exactly what happened. We are told that the unrest came as a result of terrorists, but we are not informed of who they are,” Shongwe said. He said emaSwati were the ones in need of the dialogue. “The dialogue is supposed to take place in a conducive environment, so that everyone can be free when making submissions. YemaSwati le dialogue,” he said.

Also, former UNESWA political lecturer Professor Qambukusa Magagula said there was a boardroom debate, shaping the policy that was supposed to be developed. He said such a debate was not only held for fun, but to come up with solutions regarding issues revolving around the politics of that country. Regarding the political system, Magagula said there was a ‘boardroom debate’ conducted by the government. He said in this kind of debate, the government had the final say, thus sidelining the views of the outsiders on the issues being addressed. “Sometimes, the ruling government listens to the views of the other parties, but not to their satisfaction,” he said. According to Magagula, any country not willing to have discussions was heading for disaster. “Conversation is what builds any society. Kuyakhulunyiswana,” he said.

 

Deputy Prime Minister (DPM) Thulisile Dladla threatens to arrest parents for not taking children to school, SNAT says Government yet to pay school fees

By Bongiwe Dlamini, Swaziland News, 16 January, 2024

SOURCE 

MBABANE: Thulisile Dladla,the Deputy Prime Minister(DPM) has threatened parents or guardians who fail to send their children to school under the Free Primary Education (FPE) with arrest.

In a press statement released on Tuesday, the DPM reminded parents to abide by the Children Protection and Welfare Act of 2012 to avoid possible prosecution.

“It is disheartening to note increasing number of children of school going age roaming the streets and not attending school. The Office of the Deputy Prime Minister cautions parents/guardians not to abdicate their duty to be involved in their children’s upbringing as positive role models. This year, the office of the Deputy Prime Minister will up-scale efforts to monitor these children and will implement and enforce relevant provisions of the Children Protection and Welfare Act. Those parents/ guardians found to be on the wrong side of the law will be prosecuted”, said the DPM through the press statement.

But Lot Vilakati, the Secretary General of the Swaziland National Association of Teachers (SNAT), when asked by this Swaziland News to clarify if the situation in schools was conducive for children to learn said, Government was yet to pay school fees and provide equipment under the Free Primary Education(FPE).

“We have contacted some Headteachers and they confirmed that Government hasn’t paid monies under Free Primary Education, stationary is yet to be delivered. Furthermore, contract are yet to sign their contract and this means no contract teacher has signed a contract for now,” said the SNAT Secretary General when speaking to editor Zweli Martin Dlamini.

 

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Wednesday, 14 August 2019

Spotlight on absence of rule of law in Swaziland

Bheki Maphalala, the Chief Justice of Swaziland / eSwatini, has accused a group he calls a ‘political elite’ of undermining the kingdom’s judges. He has not named these people but has called them traitors.

His remarks have drawn attention to the small undemocratic southern African kingdom which is ruled by King Mswati III as an absolute monarch. Political parties are banned from taking part in elections. No members of the 30-seat Senate are elected by the people and the King chooses 10 of the 69 members of the House of Assembly. The King also appoints the Chief Justice, top judges and senior civil servants.

Groups that advocate for multi-party democracy have been banned under the Suppression of Terrorism Act.

Human rights campaigners have been drawing attention to the absence of the rule of law in the kingdom for many years. Chief among these is the International Commission of Jurists (ICJ) which has published a number of reports. The ICJ is composed of 60 eminent judges and lawyers from all regions of the world.

The rule of law is a principle in governance which means that all people – including those in authority – are subject to the law. Under this principle the law is supreme, setting out acceptable limits for behaviour and safeguarding against abuse of power.

In 2015 the ICJ stated the King stood in the way of the kingdom having independent judges. In a submission to the United Nation’s Human Rights Council’s Working Group on the Universal Periodic Review of Swaziland, it called for an overhaul of laws and regulations in Swaziland to take power away from the King.

The ICJ stated, ‘The judges’ appointment process continues to pose a threat to judicial independence and impartiality. The Constitution of Swaziland provides that the judges are appointed by the King after consultation with the Judicial Service Commission (JSC). 

‘The King has the ultimate and final say in respect of the appointments to the bench.’ 

The ICJ also noted that King Mswati was personally immune from the law. It stated that in 2011, ‘the then Chief Justice Ramodibedi issued a Practice Directive ordering the non-registration of lawsuits that challenge the King “directly or indirectly”, effectively barring access to justice in any case against corporations, companies, trust or any entities in which the King owns shares or has an interest.’

In a separate report in 2016 the ICJ said the kingdom’s constitution needed to be changed 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’.

It added, ‘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.’

In 2018 the ICJ stated laws in Swaziland had been used by the State as weapons against human rights defenders. ‘There is a growing perception that the law, in particular the law of sedition, defamation, public order and anti-terrorism is systematically used to target human rights defenders (HRDs) and legitimate pro-democracy campaigners.’

It stated, ‘As far back as 1990, the Sedition and Subversive Activities Act 1938 (SSA) and the King’s 1973 Proclamation to the Nation were used against HRDs and legitimate pro-democracy campaigners. Leaders of the pro-democracy banned political opposition, the Peoples’ United Democratic Movement, were charged and tried for high treason for having convened a meeting to discuss the political problems in the country,’ it stated in a report called Achieving Justice for Gross Human Rights Violations in Swaziland - Key Challenges.

It is not only the ICJ that has raised concerns. In January 2019 Law Society of Swaziland Secretary Thulani Maseko criticised then-recent appointments of judges in the kingdom saying there was no transparency in the choices and the Swazi Constitution was ignored.

Maseko said five appointments to the kingdom’s High Court and Industrial Court ‘undermined the integrity, independence and accountability of the judiciary’. He said the appointing process had to be fair, transparent and competitive in line with Section 173 (4) of the constitution which also states appointments should be made on the basis of suitable qualifications, competence and relevant experience.

He said, ‘If these appointments were done in an open, transparent and competitive way, it would be clear that some of the appointees would not [have] passed the standard of integrity required of the judicial office.’

He added the appointments put the judiciary and the entire justice system into disrepute and undermined the rule of law. 

Richard Rooney

See also

Swaziland Chief Justice says kingdom under siege by ‘treasonous’ political elites
https://swazimedia.blogspot.com/2019/08/swaziland-chief-justice-says-kingdom.html 

Renewed criticism that rule of law in Swaziland is ignored as new judges appointed
‘King blocks judges’ independence’

Tuesday, 13 August 2019

Swaziland Chief Justice says kingdom under siege by ‘treasonous’ political elites

The Chief Justice of Swaziland / eSwatini Bheki Maphalala said the Judicial Service Commission (JSC) was under siege from a political elite that he called ‘treasonous’.

He said it was so powerful it had taken the constitutional powers of key institutions of state.

It was undermining and interfering with the constitutional mandate of the JSC, he said. The judges of the superior courts (Supreme and High Courts) and the specialist tribunals are appointed by the King on the advice of the JSC and magistrates are appointed by the JSC.

Swaziland is not a democracy and is ruled by King Mswati III as an absolute monarch. The King appoints the Chief Justice and all members of the JSC. The Chief Justice also chairs the JSC. The Swazi Constitution of 2005 confirms the King’s position as absolute monarch.

Maphalala made his statement at the High Court on Monday (12 August 2019) during the swearing in of new members of the JSC. 

The Swazi Observer, a newspaper in effect owned by the King, reported Maphalala said, ‘The Judicial Service Commission is under siege from a strong powerful and dangerous political elite which is currently occupying our political space.’

The newspaper reported, ‘Maphalala said the existence of the political elite constitutes a serious threat to the political and economic stability of this country together with its international relations and peaceful coexistence.

‘“The Constitution is the supreme law of this land and the Nation has the right and duty to uphold and defend this Constitution,” the Chief Justice said.

‘He warned that any person who suspends, overthrows, abrogates or attempts to do so is guilty of the offence of treason.’

The Observer reported, ‘Maphalala reminded the JSC members that their responsibility is to serve the King and the nation with honesty, dignity and integrity.’

International observers have in the past said that the JSC cannot be regarded as independent. The International Commission of Jurists (ICJ) in a 2018 report on human rights violations in Swaziland stated, ‘ Although the financial and administrative independence of the judiciary is guaranteed by section 142 of the Constitution, it is notable that the King appoints all members of the JSC. There is thus a perception that the composition of the JSC strongly favours Royalty, compromising its independence and, by logical extension, compromising the independence of the judiciary.’

The ICJ noted, ‘The rule of law is weak in Swaziland, and the country has a long history of disregard for the independence of the Judiciary, and violations of human rights, including the right to a fair trial.’

The ICJ recommended as a first step the Constitution be reviewed to guarantee the independence of the JSC by allowing for an open, transparent and accountable appointment process under section 173(4) of the Constitution. The Constitution should be amended so that the members of the JSC cover a wide spectrum of Swazi society, not only royal appointees, it stated.

See also

Renewed criticism that rule of law in Swaziland is ignored as new judges appointed
http://swazimedia.blogspot.com/2015/05/judicial-crisis-kings-word-is-law.html