GOVT WANTS REVIEW OF AFRICAN COMMISSION RULING ON JUDGE MASUKU

MBABANE – Judge Thomas Masuku should brace himself for another fight with government.

This is so because government is set to review the decision made by the African Commission on Human and People’s Rights, which recommended that the State should compensate Masuku for unfair dismissal. The African Commission on Human and People’s Rights found that Masuku’s dismissal violated Articles 1, 7 and 26 of the African Charter. However, it should be noted that the recommendations of the African Commission on Human and People’s Rights are not legally binding, but can become binding if they are adopted by the African Union Assembly of Head of States and Government pursuant to Article 59 of the African Charter.

Asked about government’s position following the recommendations, Attorney General Mafelenkhosini Sifiso Mashampu Khumalo, said government was in the process of reviewing the decision of the African Commission on Human and People’s Rights. Khumalo said government would file for the review within the time prescribed and stipulations of the rules and procedure. Judge Masuku was removed with immediate effect in September 2011, after he was slapped with seven charges of impeachment by the late and former Chief Justice, Michael Ramodibedi.

His dismissal came after he appeared before the Judicial Service Commission, which was chaired by Ramodibedi on August 11, 2011.  Worth noting was that Ramodibedi dismissed an application to have Masuku’s impeachment publicly heard.  The judge was accused, among other things, of insulting the King in a judgment he delivered on January 2011 and also touting himself as the chief justice. He was also accused of defying Ramodibedi’s directive to prepare and submit a monthly schedule of pending judgments and for absenting himself from work.

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