Swazi Media Commentary: judicial crisis 2015

Showing posts with label judicial crisis 2015. Show all posts

Monday, 28 September 2015

‘KING BLOCKS JUDGES’ INDEPENDENCE’

King Mswati III, the absolute monarch in Swaziland, stands in the way of the kingdom having independent judges, an international group of jurists has stated.

In a submission to the United Nations, the International Commission of Jurists (ICJ) called for an overhaul of laws and regulations in Swaziland to take power away from the King.

A United Nations group is to investigate Swaziland’s record on human rights next April and May 2016.

Ahead of that investigation, the ICJ which is composed of 60 eminent judges and lawyers from all regions of the world has submitted a report in which it reviewed the state of the kingdom’s judiciary over the past few years.

The report to the United Nation’s Human Rights Council’s Working Group on the Universal Periodic Review of Swaziland stated that King Mswati had too much influence in the appointment of judges.

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.

‘Moreover, the composition of the JSC and the appointment of its members undermine confidence in the independent discharge of its mandate, including the consultative role in the appointment of judges. The JSC is chaired by the Chief Justice, and in addition comprises two legal practitioners, the Chairman of the Civil Service Commission and two other persons. All of these individuals are appointed by the King.’

The ICJ added, ‘In addition, some recent judicial appointments have given rise to concern about the lack of qualification of those appointed. Certain appointments have been publicly questioned by Swaziland’s legal practitioners and by the Law Society.

‘The appointment of contract judges, by the King upon request of the Chief Justice, also serves to undermine the security of tenure of judges, and it places the contract judges at risk of manipulation by the Crown and the judicial hierarchy.’

The ICJ called for an overhaul of the legal system in Swaziland. ‘The authorities of Swaziland must immediately review the laws and regulations pertaining to the JSC with a view to bringing them in line with regional and international law and standards, including by removing the Crown’s [the King’s] control over the JSC’s composition,’ it said.

It said this would allow for public, transparent and fair appointment and removal processes of judges, ‘including public announcement of any vacancies in the judiciary, and ensuring the full participation of all concerned stakeholders’.

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 Swaziland, political parties are not allowed to contest elections, the King chooses the government and no members of the kingdom’s Senate are elected by the people. Groups that advocate for multi-party democracy have been banned under the Suppression of Terrorism Act.

See also

JURISTS SLAM SWAZILAND OVER JAILINGS

http://swazimedia.blogspot.com/2015/08/jurists-slam-swaziland-over-jailings.html

Saturday, 25 July 2015

EX-SWAZI CHIEF JUSTICE REPORT LEAKED

Swaziland’s sacked Chief Justice Michael Ramodibedi was ‘generally corrupt’ and acted in a ‘highly disreputable way’, an official report leaked to a South African newspaper has revealed.

Ramodibedi was sacked by King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, after three charges of abuse of office were found against him.

Ramodibedi had barricaded himself in his home in the Swazi capital Mbabane for 38 days after an arrest warrant was issued.

Eventually, the Swazi Judicial Service Commission (JSC) heard a case against Ramodibedi in his absence and found him guilty.

The charges were:

1. Abuse of office – In the allocation of the Swaziland Revenue Authority (SRA) matter which was heard to hear a case brought by Ramodibedi against the SRA for taxing his gratuity to the amount of E128 000 (US$12,800).

2. Abuse of office – In the hearing of the Impunzi Wholesalers (PTY) Ltd v The Swaziland Revenue Authority, in which it is alleged wealthy businessmen offered judges E2 million to help them win their case against the SRA involving the importation of goods into the kingdom.

3. Abuse of office in order to achieve an ulterior motive – In the hearing of the Estate Policy matter, where it is alleged Ramodibedi appointed three acting High Court judges to hear the case when their terms of office had expired.

The Mail and Guardian newspaper revealed a report by the Swazi Judicial Service Commission (JSC) which has not been officially released also said Ramodibedi had threatened to shoot at police if they tried to arrest him at his home.

The JSC report found Ramodibedi:

· ‘Had “a generally corrupt relationship” with the former Swazi justice minister, Sibusiso Shongwe, who has also been sacked and charged with corruption. When Shongwe was arrested, investigators found a high court file relating to the application for a warrant of arrest against him. “Evidence tendered … in a bail application revealed that the file had been given to Shongwe by the registrar of the high court on the instruction of the chief justice,” the JSC noted;

· ‘Appointed another judge, Mpendulo Simelane, to hear Ramodibedi’s personal dispute with the Swaziland Revenue Authority (SRA) over the taxation of a gratuity, knowing Simelane was conflicted. His aim, it says, was “unlawfully to obtain a judgment in his favour from the [SRA] … in an amount of R128 800”;

· ‘Acted in a “highly disreputable way” by reinstating an application in an estate policy dispute, although it had been withdrawn. His aim was to serve the interests of Shongwe, a respondent. He had also allowed Shongwe to address the judges presiding over the matter; and

· ‘“Employed all delaying tactics” to stall the impeachment process, including bringing four court applications aimed at forcing the commission JSC to recuse itself.’

The JSC also criticised Ramodibedi’s role in presiding over a dispute between the SRA and Impunzi Wholesalers over duty on imported blankets, while he was in conflict with the revenue authority.

The newspaper reported that Shongwe told him ‘a wealthy businessman’ was willing to hand over R2 million (US$200,000) – R200,000 for Simelane, R500,000 for Ramodibedi and the balance for the minister – ‘if we can help them win the case’.

Ramodibedi allegedly insisted Simelane should be part of the supreme court bench that was to hear an appeal in the matter. This was despite the latter’s protests that he was not eligible for appointment to the supreme court.

Following the JSC hearing King Mswati fired Ramodibedi on 17 June 2015.

Ramodibedi who is a native of Lesotho was allowed to leave Swaziland following his sacking and is now believed to be living in Ladybrand in the Free State, South Africa. The arrest warrant was subsequently reissued.

See also

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

http://swazimedia.blogspot.co.uk/2015/06/swazi-chief-justices-history-of-abuse.html

Monday, 29 June 2015

SWAZI SUPREME COURT NEPOTISM FEAR

A raft of appointments of judges to Swaziland’s Supreme Court has raised questions about nepotism in the kingdom ruled by absolute monarch, King Mswati III.

Even one of the newspapers in Swaziland that he in effect owns has raised doubts about the wisdom of appointing judges who are related to one another.

And, the Swazi Attorney-General Majahenkhaba Dlamini has been appointed a temporary Supreme Court judge for the month of July 2015, raising questions about the independence from government of the judiciary.

On Friday (26 June 2015), seven acting judges to the Supreme Court were announced, which the Sunday Observer newspaper reported, ‘resulted in the kingdom’s judiciary turning into a close knit family affair of spouses and siblings’.

The newspaper reported, ‘Newly-appointed Judge of the Supreme Court Majahenkhaba Dlamini joins his wife High Court Judge Mumcy Dlamini as members of the judiciary.

‘Former High Court Judge Qinisile Mabuza and her brother Sipho Nkosi have both been appointed Judges of the Supreme Court – the latter’s appointment is on an acting basis while the former’s is permanent.

‘There is also High Court Judge Nkululeko Hlophe whose wife is Supreme Court Registrar and Judicial Service Commission (JSC) Secretary Lorraine Hlophe.

‘With Majahenkhaba and his wife Judge Mumcy, questions have been raised on what would happen should the former, in his capacity as acting Supreme Court Judge, find himself having to review cases that were decided by the latter at the High Court.

‘There are suggestions that there are strong possibilities of this scenario coming true.’

There are also concerns that some of the new judges might not be suitably qualified.

The Observer reported, ‘A senior judicial expert who spoke to the Sunday Observer, though stating clearly not being opposed to the appointments, was worried that Acting Judges Nkosi and Cloete were appointed straight to the Supreme Court without any experience of presiding in the lower courts, especially the High Court.

‘“There is a lot that they need to learn, which they can do by presiding at the High Court before they are elevated to the Supreme Court,” said the expert.’

The appointment of Attorney-General Majahenkhaba Dlamini to the Supreme Court for one month has raised doubts about King Mswati’s commitment to the separation of powers between the legislative, the executive and the judiciary.

Dlamini is a member of the Swazi Government that was hand-picked by King Mswati, an ex-official member of the House of Assembly and now a judge. That gives him a place in all three branches of government.

The full list of Supreme Court Judges:

• Acting Chief Justice Bheki Maphalala

• Dr. Ben Odoki JA

• Justice Stanley Maphalala JA

• Justice Jacobus Annandale JA

• Justice Qinisile Mabuza JA

• Justice Mbutfo Mamba JA

• AG Majahenkhaba Dlamini JA

• Lawyer Robert Cloete AJA

• Lawyer Sipho Nkosi AJA

Thursday, 25 June 2015

WARRANT OUT ON EX-CHIEF JUSTICE

The Swaziland High Court has re-issued a warrant for the arrest of sacked Chief Justice Michael Ramodibedi.

Ramodibedi, a Lesotho national, was sacked on 17 June 2015 by King Mswati III, the absolute monarch of Swaziland.

Ramodibedi left Swaziland and is reported to have returned to Lesotho.

The original warrant for arrest was issued on 17 April 2015 on 23 charges relating to alleged abuse of power.

The warrant was rescinded by Judge Jacobus Annandale during the nearly two months that Ramodibedi was suspended from office and under self-imposed house arrest.

A Judicial Service Commission hearing found Ramodibedi guilty of misconduct. Ramodibedi did not attend the hearing, citing ill health.

Following the hearing, King Mswati sacked Ramodibedi.

The warrant was re-issued by High Court Judge Nkululeko Hlophe on Wednesday (24 June 2015).

See also

SACKED CHIEF JUSTICE LEAVES KINGDOM

http://swazimedia.blogspot.co.uk/2015/06/sacked-chief-justice-leaves-kingdom.html

CHIEF JUSTICE CASE HEARD IN HIS ABSENCE

http://swazimedia.blogspot.co.uk/2015/06/chief-justice-case-heard-in-his-absence.html

Saturday, 20 June 2015

SACKED CHIEF JUSTICE LEAVES KINGDOM

Michael Ramodibedi, who was sacked as Chief Justice by Swaziland’s autocratic King Mswati III on Wednesday has left the kingdom. It is thought he is returning to his home country of Lesotho after he has received medical attention in South Africa.

The quick departure brings to an end speculation that he might face criminal charges in the courts. In April, a warrant was issued for Ramodibedi’s arrest on 23 charges relating to alleged abuse of power. Later, the warrant was suspended and Ramodibedi faced a hearing by the Judicial Service Commission (JSC).

Ramodibedi left his government house in the Swazi capital Mbabane on Friday (19 June 2015) and left Swaziland through the Ngwenya border post into South Africa. Local media reported that he was driven away by his son Napo and escorted to the border post by police.

The JSC heard evidence against Ramodibedi on 9 June 2015. Ramodibedi was not present at the hearing, citing illness. No defence against the allegations was given.

Ramodibedi faced three charges. They were:

Following the hearing, the JSC reported to King Mswati, who rules Swaziland as sub-Saharan Africa’s last absolute monarch. The King appoints the government and top judges. Political parties are barred from taking part in elections and all groups advocating for democracy are banned under the Suppression of Terrorism Act.

The King then made the decision to sack his Chief Justice.

See also

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

http://swazimedia.blogspot.co.uk/2015/06/swazi-chief-justices-history-of-abuse.html

SWAZI KING SACKS CHIEF JUSTICE

http://swazimedia.blogspot.co.uk/2015/06/swazi-king-sacks-chief-justice.html

ARREST WARRANT FOR CHIEF JUSTICE

http://swazimedia.blogspot.com/2015/04/arrest-warrant-for-chief-justice.html

Friday, 19 June 2015

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

Swaziland’s Chief Justice Michael Ramodibedi who has been sacked by King Mswati III had a long history of abusing his power in office.

But, despite widespread criticisms from across the world, Ramodibedi was allowed to remain in power.

His dismissal for ‘serious misbehaviour’, will come as a shock to the man himself and as a puzzle to many observers of Swaziland because until now he had the support of the autocratic King. In return Ramodibedi gave unswerving loyalty to the King who rules Swaziland as sub-Saharan Africa’s last absolute monarch.

The King appointed Ramodibedi, who is from Lesotho, as acting Chief Justice in 2010.

On 16 June 2011, Ramodibedi issued a directive that ensured the King would be above the law in his own kingdom.

Under s11 of the Swaziland Constitution the King was already immune from any suit or legal process ‘in any cause in respect of all things done or omitted to be done by him’. This was further reinforced by Ramodibedi’s explicit practice directive stated that immunity applied for any claims made indirectly against the King.

The King was clearly satisfied with Ramodibedi’s conduct and in 2012 he appointed him the substantive Chief Justice for an indefinite period. This was done in contravention of the Swazi Constitution, which states that the Chief Justice must be a Swazi.

In Swaziland, the King chooses government ministers and top judges. Political parties are banned from taking part in elections and all groups opposing him are banned under the Suppression of Terrorism Act.

Ramodibedi had been in the spotlight for a number of years over the way he ran the Swazi judiciary on behalf of the King.

Many allegations of abuse of power have been made from lawyers within Swaziland and also by the international human rights community.

In May 2014, two Supreme Court judges reportedly threatened to resign if a warrant issued by Ramodibedi for the arrest of three High Court judges who were critical of him was served, Ramodibedi reportedly issued the warrants but the Swazi police did not make the arrests.

The three judges were Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba.

Reportedly, arrest warrants were issued because the CJ felt the judges were ‘ignoring his orders and bringing the High Court into disrepute’.

It was reported at the time that should the warrants be effected and the judges arrested, the CJ planned to appoint interim judges himself.

This was not an isolated incident of abuse of power. In a report on Swaziland covering the year 2011, Human Rights Watch stated, ‘Serious deficiencies in Swaziland’s judicial system persist. In an ominous precedent for the independence of the judiciary, Chief Justice Michael Ramodibedi in August suspended Justice Thomas Masuku for insubordination and for insulting the king, among other charges.’

It added, ‘On August 11 [2011] Justice Masuku appeared before the Judicial Service Commission (JSC), whose six members are appointed by the king. On September 27 [2011] the king relieved Judge Masuku of his duties for “serious misbehavior.” Justice Masuku had in the past made several rulings in favor of human rights.’

In the case of Masuku, Ramodibedi acted as judge, prosecutor and witness in the case he himself brought.

David Matse, the Swaziland Minister for Justice, was fired from his job because he refused to sign the dismissal letter for Masuku.

Human Rights Watch added, ‘Control over the daily allocation of cases for hearings, including urgent ones, has been placed solely in the hands of the chief justice, creating what is perceived by lawyers as an unacceptable bias in the administration of justice. In August [2011] the Law Society of Swaziland instituted a boycott of the courts to protest these developments and the failure of the authorities to hear its complaints regarding the running of the courts, including the chief justice’s allocation of cases. On September 21[2011], Law Society members delivered a petition to the minister of justice calling for action to address the decisions of the chief justice and the general administration of justice in the court system.’

In August 2011, Swazi police in bullet-proof vests and armed with shotguns and tear gas canisters invaded a meeting of lawyers in the Swaziland High Court, which had been called to discuss their on-going campaign to get Ramodibedi removed from office. Reports in the Swazi media said the Chief Justice himself ordered the police to break up the meeting.

In September 2011, the Centre For Human Rights, Swaziland, reported, ‘Swaziland lawyers embarked on the court boycott after the CJ issued a series of unlawful practice directives, to all courts of the land, directing them not to admit certain cases. In one directive, the CJ instructed the Registrar that cases would only be allocated to judges by the CJ himself, and no other officer. In another practice directive, issued in June 2011, the CJ instructed the Registrar and officers of all courts in the land that cases involving the king should not be admitted. These regrettable actions of the CJ were largely viewed as interference not only with the administration of the courts, but also as a denial of the fundamental right to access justice.’

In November 2011, the Open Society Initiative for Southern Africa (OSISA) reported, ‘Lawyers have been boycotting the courts for almost four months in protest at the maladministration of justice in the country by the incumbent Chief Justice, Michael Ramodibedi. But this week, they upped the pressure on the Chief Justice by staging a mass walk-out of the Supreme Court. This left all suspects and people with civil cases with no legal representation.

‘But astonishingly, the Chief Justice ordered that all cases be heard with or without the lawyers. This, as some have already observed, is the height of injustice. The Chief Justice is also on record as praising people who represented themselves saying that they actually argue “much better than the lawyers”.

‘Subsequent to the directive to proceed without the lawyers, Ramodibedi then went another step further - banning all lawyers from setting foot in the High Court. A heavily armed police contingent has been posted in and around the High Court premises and only government lawyers and people with cases have been allowed to enter. Banned from meeting at the High Court, the lawyers opted for a very innovative strategy, using their vehicles to “march” through the capital city in protest and brining the city to a stand-still - much to the consternation of the police.’

Ramodibedi was sacked on 17 June 2015 by the King after a Judicial Service Commission hearing into allegations of abuse of office.

The JSC heard evidence against Ramodibedi on 9 June 2015. Ramodibedi was not present at the hearing, citing illness. No defence against the allegations was given.

Ramodibedi faced three charges. They were: