THULANI MASEKO TAKES SWIPE AT JUDICIARY, CJ

Human Rights Lawyer Thulani Maseko shakes hands with Christian Olsen from the American Embassy. (Pic: Sibusiso Shange)

MBABANE – Incarcerated Human Rights Lawyer Thulani Maseko yesterday launched a scathing attack on the Judiciary and the Chief Justice (CJ) Michael Ramodibedi in a statement from the dock.

Reading from the 27-page statement, Maseko punched holes in the Judiciary, the general administering of justice in the country, and further went into a personal attack of officers of the Judiciary.
He particularly criticised the presiding judge, Mpendulo Simelane, regarding the handling of the case since it went to court.
His attack was not restricted to the Judiciary as he also critised the appointing of chiefs in the country.

There was silence in court as Maseko, clad in Zulu traditional attire, complete with head gear, read his statement.
While he read his statement he quoted renowned world leaders like United States President Barack Obama and former South African President, the late Nelson Mandela. He also used the Constitution to support his points.

Judge Simelane remained silent as Maseko read his statement which was titled: ‘The failure of leadership in Swaziland, the people are treated with contempt.’
Judge Simelane was seen perusing through his own copy of Maseko’s statement.

Maseko was arrested together with The Nation Magazine Editor Bheki Makhubu for writing articles in the monthly magazine where they were questioning the rationale behind the arrest of Chief Government Motor Vehicle Inspector Bhantshana Gwebu.
The warrant of arrest against Gwebu was issued by the CJ who is also alleged to have denied Gwebu his right to legal representation when he appeared in his chambers.

Maseko said this in his submission in court during their contempt of court trial before Judge Simelane.
“May it please the court, I am the fourth accused. I have chosen to make this statement with the full knowledge that it does not necessarily carry the same legal weight as evidence given in the normal course,” Maseko said.
He said he came to the conclusion that this had been an extraordinary case.

He submitted that through the statement he wanted to demonstrate five issues, which are the failure of justice by the court.
“I say that we had to comment and write about Bhantshana Gwebu’s case because, as Martin Luther King Junior tells us in his book: ‘We are caught in an inescapable network of mutuality, tied in a single garment of destiny.

Whatever affects one directly affects all indirectly.’  An injury to one is an injury to all. I will respectfully submit that the people of Swaziland are treated with disgusting disregard and utter contempt,” he said.

The human rights lawyer further submitted that he came from humble beginnings, raised by a single ‘great’ mother with the help of neighbours.
“I come from the little valley and mountains of KaLuhleko area. I happen to be a member of the Maseko royal household. As I speak, my people have been denied their traditional right of installing a chief of their own choice as it happened with the people of Macetjeni and KaMkhweli and other areas. Chiefs are being forcefully imposed on us,” he said.

Maseko alleged that those who pretend to be defenders of Swazi Law and Custom were in fact its greatest perverters.
Maseko further told the court that on the day of his admission as attorney he took an oath of practice before the then Registrar, Thandi Maziya.
He said when he took the oath he swore that he would truly and honestly demean himself in the practice of an attorney according to the best of his knowledge and ability.

“I believe it is such demeanour that led to my unlawful arrest and detention. Let me say in advance that like millions around the world, I love and have been greatly influenced by Nelson Mandela’s idealism and pragmatism,” he said.
Maseko stated that as lawyers they were called upon to be doers of the word, not its sayers only.

Maseko denies insulting court during appearance

MBABANE – Thulani Maseko says he never insulted the court during one of his appearances.

“Your Lordship (Judge Mpendulo Simelane), without belabouring this issue as has already been done, and with no intention to assail you personally, I simply want to deny that I insulted this court as it has been alleged,” said Maseko.
He said the reverse was true.

Maseko submitted that every practising attorney worth his salt, including the Director of Public Prosecutions and the Attorney General, would agree with him that judicial officers were expected, by law, to treat litigants courteously even if they dislike them.
“I respectfully contend that this court has failed in this regard.

“My sense of dignity was attacked by the court. The court, in an unprecedented show of abuse, was parading us. I strenuously deny that His Lordship wanted to call upon us to explain our non-appearance the previous day,” Maseko submitted.

He stated that he said so because this issue had already been fully addressed by their legal representatives.
“Had the court wanted us to explain, this would have been the first thing to have been done. In any event the court never sought such explanation from us, but quickly sent us back to jail,” he said.

Maseko did not finish reading his statement as Judge Simelane asked for an adjournment. The adjournment took two and half hours.

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