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Bheki Makhubu notes appeal against judgment

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MBABANE – The Nation Magazine has noted an appeal against the judgment of the High Court.


This means the magazine and its Editor Bheki Makhubu will no longer have to meet today’s deadline of paying the E100 000 each as directed by High Court Judge Bheki Maphalala.


Makhubu will also not go to prison, at least until the determination of the appeal by the Supreme Court. An appeal, in terms of the rules, stays execution of an order of a subordinate court. The appeal was served to the Director of Public Prosecutions Nkosinathi Maseko at close of business yesterday.


Makhubu, in an interview, said he has instructed legendary advocate in Human Rights Gilbert Marcus for the appeal. Marcus is serving in the Johannesburg, South Africa bar and is also an expert in constitutional law.


He had appeared for the magazine during the High Court trial.

The prominent advocate once represented South Africa’s Constitutional Court Judges in a case against Cape Judge President John Hlophe who was challenging their decision.


He has represented clients in some political trials under apartheid, as well as in constitutional court cases. Makhubu and the magazine were sentenced to a E400 000 fine for scandalising the courts, half of which was suspended for a five-year period.




 - I don't want to dampen Makhubu's spirits, God knows he has suffered enough. But what use will it do to have an excellent advocate given the 'untenable' judiciary situation on the ground? I won't say anything more but I hope he catches my drift.
April 23, 2013, 7:59 am, Anonymous

 - This was no better than a short notice.Who can raise such a lot of money in a short space of time. The court accuses Bheki and the Nation Magazine of scandalizing it. I think it is also improper for this court to scandalize this man in such a manner.
April 23, 2013, 11:07 am, mabona

 - What will happen to the Press Freedom on the 3rd May, 2013 because seemingly, the judiciary has declared on the freedom of speech, expression and opinion ? By the way, why did the Chief Justice decided to call himself with a name that heavily associated with apartheid, a regime that was hated by the whole world ? Makhulu Baas ! A name that undermined the blacks in the RSA. This has created bigger problems for Swaziland.
April 23, 2013, 2:19 pm, mbho

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