APPLICATION TO WITNESS BHEKI, THULANI TRIAL TO BE HEARD TODAY

MBABANE – The application by the Law Society of Swaziland to have members of the public, relatives and lawyers allowed in court during the trial of The Nation Magazine Editor Bheki Makhubu and Human Rights Lawyer Thulani Maseko will be heard by Judge Mpendulo Simelane today.

The Law Society of Swaziland has filed an urgent application where it is seeking an order interdicting the Chief Justice and five others from restricting access to lawyers and the general public to the High Court premises.
Other respondents in the matter are the Registrar of the High Court, Minister of  Justice and Constitutional Affairs, Commissioner of Police, Human Rights Commission and the Attorney General.

Members of the proscribed entities and some relatives of the accused were on Monday denied entry into the High Court premises.
A group of about 30 police officers made sure that the political activists were not part of the court proceedings.
The only reason advanced by the officers was that the courtroom was not huge enough to accommodate a large crowd.

This was despite that a request was made to Judge Simelane that a bigger courtroom should be used to accommodate some of the people who were waiting outside the High Court building after they were blocked by the police.
In its application the lawyers’ organisation is also seeking an order interdicting the commissioner of police or his subordinates from questioning lawyers about their business at the High Court.

The lawyers are also seeking an order declaring that the action of the respondents (blocking members of the public) was in violation of the Constitution and basic human right of access to justice and the courts.

“Declaring and directing the Human Rights Commission to investigate and report back to court within 30 days of such order being granted, as to whether there has been a violation of the basic human right, an injustice and abuse of powers, and authority by the said public officers being the Registrar of the High Court and the Chief Justice,” reads part of the application.

The Law Society is represented by Manzini based Lawyer Mangaliso Nkomondze.
In an affidavit, Vice Present of the Law Society Jose Rodrigues, stated that he was reliably informed by members of the public that most were denied access to the High Court.

“It has also been reliably brought to my attention that even those that have been allowed access into the High Court premises have been met with restricted access into the courtroom where the criminal case referred herein is ongoing. The doors to the court room have been constantly closed and monitored by a number of police officers and granting access at their discretion,” he stated.

He submitted that the conduct of the police officers was in violation to the spirit and purport of the Constitution of Swaziland which provides for a public hearing of cases as provided in Section 21.

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