TWO YEARS NO FINE FOR BHEKI, THULANI

MBABANE - Judge Mpendulo Simelane says The Nation Magazine Editor Bheki Makhubu and Human Rights Lawyer Thulani Maseko have not been remorseful throughout their trial.
He made these comments when sentencing them to two years imprisonment without an option of a fine for contempt of court.

He also ordered The Nation Magazine and Swaziland Independent Publishers, which were also the accused in this matter,  to each pay E50 000 fine on each count, which is to be paid within a period of one month from the date of judgment.
This effectively means that they would pay a total of E100 000.

Maseko’s wife appeared calm after the sentence was delivered while Makhubu’s wife failed to control her emotions and broke down.
They were facing two charges of contempt of court which emanated from articles they wrote in the monthly magazine where they questioned the rationale behind the arrest of Chief Government Motor Vehicle Inspector Bhantshana Vincent Gwebu and also attacked the chief justice on the way he handled the matter.

Silence engulfed the court as Judge Simelane outlined in his 10-page judgment how the two disrespected him and the courts during the trial.
During the reading of the judgment Maseko shouted “amandla” twice and the judge called him to order, demanding silence in court.

Maseko and Makhubu remained still for the better part of the reading of the judgment with Makhubu attempting to silence the symphathisers whenever they murmured.
Meanwhile, Maseko seemed unflustered as everything was going on.

“The accused persons (Makhubu and Maseko) have not been remorseful throughout the trial. This, I say because, at the preliminary stages of his trial the accused person attacked the trial judge and said he must behave like a judge. This was captured as a headline in bold by the print media locally and internationally with technological advancement in the dissemination of information,” he stated.
He said locally this was captured by both the Times of Swaziland and the Swazi Observer April 11, 2014.

“This disgusting conduct of the accused, particularly accused four (Maseko), who is an admitted attorney of the High Court and should know better that no attorney worth his salt can ever behave in this fashion no matter how aggrieved he may be, had left much to be desired.
The judge said Maseko’s conduct in this regard is wanting in as far as his professionalism was concerned.
He stated that Maseko clearly lacked the standard of ethics required of members of this noble profession.

overheard

It was while the judge was reading this part of the judgment that Maseko was overheard saying: “but I am better than you”.
Judge Simelane said Maseko further displayed his arrogance and disregard for the court and the rule of law by chanting political slogans in court as he (judge) was delivering his judgment in the instant matter on July 17, 2014.
In the process he incited his so-called supporters to also chant political slogans.

In the process they made a lot of noise thereby undermining the dignity, repute and authority of this court. This court has admonished the accused to desist from chanting political slogans in court,” said Judge Simelane.
The judge said this conduct could never be condoned.

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