I

t has certainly been an eventful year for Swaziland with
the most talked event being
the release of The Nation editor, Bheki Makhubu, and columnist, Thulani Maseko after
spending 15 months in prison. The two were released
on 30 June, 2015 following
an appeal hearing before the
Supreme Court. The Crown Prosecutor conceded that the state had no case
against them.
The two were arrested after publishing
articles in The Nation magazine, questioning judicial independence and political accountability in Swaziland. The
fine imposed on the magazine was also
overturned.
Following close on the heels of this incident which was celebrated by media
practitioners, human rights lawyers and
activists in Swaziland and on the continent was the judicial crisis which saw
the arrest on corruption charges and defeating the ends of justice were issued
of the then Minister of Justice and Constitutional Affairs, the Chief Justice, two
judges and the High Court Registrar.
For detailed information about the judicial crisis, readers can access the report
compiled by members of an international fact-finding mission to Swaziland,
convened by the International Commission of Jurists (ICJ), in collaboration
with the Africa Judges and Jurists Forum
(AJJF), Judges for Judges Netherlands
(J4J) and the Commonwealth Magistrates’ and Judges’ Association (CMJA).
http://eeas.europa.eu/delegations/swaziland/documents/news/2016/swaziland-justice-locked-out-rol-crisis-publications-mission-report-2016_en.pdf

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So This is Democracy? 2015

Justice Locked Out: Swaziland’s Rule
of Law Crisis provides detailed information on the impeachment of former
Chief Justice Ramodibedi, the arrest of
the Minister of Justice, two High Court
judges and a High Court Registrar. It
also analyses the worrying trend of repeated interference by the Executive,
and of the Judiciary’s inability to defend
its independence, exacerbated by apparent strife within the ruling authorities
of Swaziland.

FREEDOM OF EXPRESSION
Makhubu and Maseko released
On 30 June, 2015, the Swaziland Supreme Court released Bheki Makhubu
and human rights lawyer, Thulani Maseko from prison after the Crown Prosecution chose not to appeal aganst their
conviction. The two met were reunited
with their families, 15 months after their
rearrest.
The case goes back to 2014, when journalist and editor of monthly news magazine The Nation Bheki Makhubu and
human rights lawyer, Thulani Maseko,
wrote articles criticizing the judiciary
system of Swaziland for its lack of impartiality and lack of independence. In
the articles, the actions of the Chief Justice of the High Court, Michael Ramodibedi, for ordering the arrest of a government vehicle inspector were critcised
and condemned.
Makhubu and Maseko were subsequently arrested and charged with two
counts of contempt of court. Lawyers
argued that the arrest warrant was unconstitutional, unlawful, and irregular
since only a magistrate was authorized
to issue an arrest warrant and not Justice
Ramodibedi, since he was a justice of
the High Court. Justice Dlamini of the
High Court dismissed the arrest war-

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