Times Of Swaziland: BHEKI, THULANI  FREED

BHEKI, THULANI  FREED
================================================================================
BY MBONGISENI NDZIMANDZE  on 07/04/2014 04:58:00


MBABANE – After spending 20 days behind bars The Nation Magazine editor Bheki
Makhubu and Human Rights Lawyer Thulani Maseko have been released.
This comes after High Court Judge Mumcy Dlamini yesterday set aside the warrant
of arrest that was issued by Chief Justice Michael Ramodibedi against them. The
chief justice issued the warrant of arrest on March 17, 2014 and they had been
in custody since then.
The throngs of people who were in court failed to contain their emotions after
Judge Dlamini pronounced that the application for setting aside of the warrant
was successful. Most of those who yesterday flocked to the High Court were
relatives of the accused, members of proscribed entities and representatives
from civil society organisations. Some of the notable figures who were present
were President of the Swaziland National Association of Teachers (SNAT)
Sibongile Mazibuko, Secretary General of TUCOSWA Vincent Ncongwane, President of
the proscribed PUDEMO Mario Masuku and former Motshane Member of Parliament
Robert Magongo.
The judge only read the last part of the 19 page judgment, which was delivered
in Court A. Maseko’s sister Dumsile, openly wept inside the courtroom after
the judgment was delivered.
“I will only read the last part of the judgment. Applicants’ (Maseko and
Makhubu) application succeeds, applicants’ warrant of arrest set aside and no
order of costs,” said Judge Dlamini.
It was immediately after Judge Dlamini had finished reading this part of the
judgment that those who were in court rose from their seats and began clapping
hands in jubilation.
The alleged contempt charges against the two emanated from articles which they
wrote in the monthly magazine, where they questioned the rationale behind the
arrest of Chief Government Vehicle Inspector, Bhantshana Gwebu.
The accused, through their lawyers, filed an application at the High Court where
they were seeking a declaratory order on the grounds that the warrant of arrest
issued by the CJ was unconstitutional, unlawful and irregular. The State was,
however, extraneously opposed to the application on the basis that the High
Court lacked jurisdiction to grant the order being sought.
Senior Crown Counsel Vusi Kunene from the chambers of the Attorney General
argued that the High Court did not have powers to review its own decision,
according to the Constitution of Swaziland. Kunene argued that in terms of
Section 152 of the Constitution, the High Court had powers to review decisions
of all subordinate courts, tribunals and any lower adjudicating authority.
He stated that Section 148 provides that (1): “The Supreme Court has
supervisory powers over all courts of judicature and over any adjudicating
authority and may, in discharge of the jurisdiction, issue orders and directions
for the purpose of enforcing or securing the enforcement of its supervisory
power, (2) The Supreme Court may review any decision made or given by it on such
grounds and subject such conditions as may be prescribed by an Act of Parliament
or rule of court, (3) In the exercise of its review powers, the Supreme Court
shall sit as a full bench”.