BHEKI MAKHUBU, THULANI MASEKO SENTENCING TODAY

MBABANE – Judge Mpendulo Simelane will today deliver the sentence in the matter of   Human Rights Lawyer Thulani Maseko and The Nation Magazine Editor Bheki Makhubu.

Judge Simelane is expected to issue the sentence at around 8:30am today at the High Court, currently housed at the Mbabane Magistrates Court premises. The two were last week found guilty of contempt of court and their sentencing was postponed. Maseko’s wife Tanele confirmed that they had been notified that the sentence will be issued today. “Yes we have been informed that the sentencing will be today,” she said briefly.

In his judgment, Judge Simelane said Makhubu and Maseko scandalised, insulted and brought to disrepute the dignity and authority of Chief Justice Michael Ramodibedi in the execution of his official duties in connection with Bhantshana Gwebu’s case which is still pending before court. The judge quoted one of the offending extracts in Makhubu’s article.

Judge Simelane said he agreed with the Director of Public Prosecutions that the extracts of the article insinuated that the CJ had an ulterior and personal motive to issue a warrant of apprehension and remand Gwebu in custody. He said such allegations suggested a grave breach of duty by the CJ, in circumstances which were calculated to undermine the public confidence in courts, particularly the legitimacy of the sub judice criminal proceedings against Government Chief Vehicles Inspector Gwebu.

“A reading of the articles also clearly shows that the authors were telling the public that there is no law in courts. They also stated that there is corruption and no proof of same has been adduced.  They portrayed Bhantshana as a hero, when in fact, whether what he did was right or wrong is still to be determined by the courts as he is facing charges on the matter,” said Judge Simelane. The judge said the conduct of the accused had a potential of bringing the administration of justice into disrepute among right thinking members of society.

 He stated that the defence made heavy on why the offence of contempt of court should be abolished in Swaziland. “That is not my headache. The fact remains that the offence of contempt of court, which is a common law offence, still forms part and parcel of the laws of Swaziland. It is my constitutional duty to uphold it,” Simelane said.

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