Judge will listen to all PUDEMO cases

This is despite that he will not listen to those relating to Mario Masuku as an individual.

Lawyer Thulani Maseko yesterday said Judge Maphalala indicated that since Masuku had brought the present application in his individual capacity then he could not adjudicate over it because they were neighbours.

Maseko said the judge clarified that Masuku had approached the court as a Swazi citizen arrested for allegedly supporting terrorism and seeking visitation rights while still behind bars not as a PUDEMO leader or member and this therefore meant that he could not listen to the matter as they were neighbours.

Maseko said a clear distinction should be made between PUDEMO as an organisation and Masuku as an individual applying for visitation rights at the High Court.

"I must clarify that the judge only recused himself from listening to the case because Masuku is his neighbour and the present circumstances were that he has been charged in his individual capacity and is also bringing the application for visitation rights in his individual capacity," Maseko said. Masuku has been charged for making comments that support terrorism. He has since brought an application for visitation rights while still behind bars.

It has been said that a full bench will hear his application.

Judge Maphalala has revealed that he will not be part of the bench that will listen to Masuku’s case because he is his neighbour.

However, lawyer Maseko has since clarified that this did not mean that Maphalala would not listen to matters where Masuku came to court in his capacity as a PUDEMO leader or member. Judge Maphalala could not be reached for comment as he said he had communicated his views to lawyer Maseko and that the media must liase with Maseko.

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