Times Of Swaziland: TWO YEARS NO FINE  FOR BHEKI, THULANI

TWO YEARS NO FINE  FOR BHEKI, THULANI
================================================================================
BY MBONGISENI NDZIMANDZE  on 26/07/2014 10:27:00


MBABANE - Judge Mpendulo Simelane says The Nation Magazine Editor Bheki Makhubu
and Human Rights Lawyer Thulani Maseko have not been remorseful throughout their
trial.
He made these comments when sentencing them to two years imprisonment without an
option of a fine for contempt of court.
He also ordered The Nation Magazine and Swaziland Independent Publishers, which
were also the accused in this matter,  to each pay E50 000 fine on each count,
which is to be paid within a period of one month from the date of judgment.
This effectively means that they would pay a total of E100 000.
Maseko’s wife appeared calm after the sentence was delivered while Makhubu’s
wife failed to control her emotions and broke down.
They were facing two charges of contempt of court which emanated from articles
they wrote in the monthly magazine where they questioned the rationale behind
the arrest of Chief Government Motor Vehicle Inspector Bhantshana Vincent Gwebu
and also attacked the chief justice on the way he handled the matter.
Silence engulfed the court as Judge Simelane outlined in his 10-page judgment
how the two disrespected him and the courts during the trial.
During the reading of the judgment Maseko shouted “amandla” twice and the
judge called him to order, demanding silence in court.
Maseko and Makhubu remained still for the better part of the reading of the
judgment with Makhubu attempting to silence the symphathisers whenever they
murmured.
Meanwhile, Maseko seemed unflustered as everything was going on.
“The accused persons (Makhubu and Maseko) have not been remorseful throughout
the trial. This, I say because, at the preliminary stages of his trial the
accused person attacked the trial judge and said he must behave like a judge.
This was captured as a headline in bold by the print media locally and
internationally with technological advancement in the dissemination of
information,” he stated.
He said locally this was captured by both the Times of Swaziland and the Swazi
Observer April 11, 2014.
“This disgusting conduct of the accused, particularly accused four (Maseko),
who is an admitted attorney of the High Court and should know better that no
attorney worth his salt can ever behave in this fashion no matter how aggrieved
he may be, had left much to be desired.
The judge said Maseko’s conduct in this regard is wanting in as far as his
professionalism was concerned.
He stated that Maseko clearly lacked the standard of ethics required of members
of this noble profession.
overheard
It was while the judge was reading this part of the judgment that Maseko was
overheard saying: “but I am better than you”.
Judge Simelane said Maseko further displayed his arrogance and disregard for the
court and the rule of law by chanting political slogans in court as he (judge)
was delivering his judgment in the instant matter on July 17, 2014.
In the process he incited his so-called supporters to also chant political
slogans.
In the process they made a lot of noise thereby undermining the dignity, repute
and authority of this court. This court has admonished the accused to desist
from chanting political slogans in court,” said Judge Simelane.
The judge said this conduct could never be condoned.