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Showing posts with label Dlamini Mumcy. Show all posts
Showing posts with label Dlamini Mumcy. Show all posts

Monday, 26 May 2014

SUPREME COURT THREATEN TO QUIT



Two Supreme Court judges have threatened to resign if a warrant issued by the Swaziland Chief Justice for the arrest of three High Court judges who are critical of him is served, a South African newspaper has reported.

Now, the Mail and Guardian reports arrests may take place immediately after the present Supreme Court session ends on Friday (30 May 2014).

Swaziland’s Chief Justice Michael reportedly issued the warrants on 16 May 2014, but the Swazi police did not make the arrests. 

The three judges are judges Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba.

CJ Ramodibedi denied a report that originally appeared in the Swazi Observer, a newspaper in effect owned by King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, and who appointed the Lesotho-born Ramodibedi to his office.

In its report, the Observer said the arrest warrants were issued because the CJ felt the judges were ‘ignoring his orders and bringing the High Court into disrepute’.

The newspaper reported, ‘According to a reliable source at the High Court, the Chief Justice alleges that Judge Bheki Maphalala is influencing his staff members not to take orders from him. Maphalala, according to the source, is spearheading a High Court rebellion.

The Observer added, ‘Judge Mamba is alleged to have tried taking over the bail application of The Nation Editor Bheki Makhubu and Human Rights Lawyer Thulani Maseko.’

After Ramodibedi’s denial of the story, the Observer ran an editorial saying it stood by its report.

The Mail and Guardian reported an unnamed source saying the execution of the warrants had been delayed ‘because two foreign judges of the supreme court – Swaziland’s court of appeal – had threatened an immediate walkout if the arrests took place.

‘The supreme court is in session until May 30, and there are fears that the arrests could take place immediately after it goes into recess.’

In its original report, the Observer said Ramodibedi already had replacements lined up to take over from the arrested judges.

See also

‘CJ ARREST WARRANTS FOR CRITIC JUDGES’

Monday, 19 May 2014

‘CJ ARREST WARRANT FOR CRITIC JUDGES’

A newspaper in Swaziland reported on Monday (19 May 2014) that the controversial Chief Justice Michael Ramodibedi had issued warrants for the arrest of three High Court Judges because they disagreed with his actions. 

He was reported to be ready to appoint his own judges to replace those arrested.

The Swazi Observer, a newspaper in effect owned by King Mswati III, who appointed Ramodibedi, said the three judges were Justices Mumcy Dlamini, Bheki Maphalala and Mbutfo Mamba. At the time of this report (Monday 19 May 2014) police had not executed the warrants.

The Observer reported Ramodibedi allegedly issued the warrants last Friday. They were issued, it said because the CJ felt the judges were ‘ignoring his orders and bringing the High Court into disrepute’.

The newspaper reported, ‘According to a reliable source at the High Court, the Chief Justice alleges that Judge Bheki Maphalala is influencing his staff members not to take orders from him. Maphalala, according to the source, is spearheading a High Court rebellion.

‘Judge Mamba is alleged to have tried taking over the bail application of The Nation Editor Bheki Makhubu and Human Rights Lawyer Thulani Maseko

‘This is alleged to have angered the CJ and he decided to have him also arrested. “Judge Mumcy is the number one enemy of the CJ. It is no surprise that she has been included in the list of those whose warrants of arrest were issued,” the source alleged.’ 

‘Judge Mumcy has on record ruled that the CJ erred in the way he issued the warrants of arrest that landed The Nation Editor Bheki Makhubu and Thulani Maseko in jail. She released the duo but they were later re-arrested soon after gaining freedom.’

The newspaper added, ‘[The] CJ is alleged to have highlighted in his chambers that he no longer trusted most of the Judges of the High Court. This is alleged to have transpired when The Law Society of Swaziland wanted their application for the removal of Judge Mpendulo Simelane allocated a judge. The Chief Justice is alleged to have failed to allocate the matter and highlighted that he no longer trusted most of the judges.’

The Observer reported. ‘Should the warrants be effected and the judges arrested, the CJ is alleged to have planned to appoint interim judges who will deal with the Law Society, which wants a full bench to listen to their application calling for the firing of newly appointed Judge Mpendulo Simelane. The CJ is alleged to be afraid to have the three judges sit in the full bench and listen to the Judge Mpendulo case as they might rule against him.’

Ramodibedi is at the centre of a number of controversial decisions in Swaziland. Last week the Mail and Guardian newspaper in South Africa reported that Ramodibedi has told Swazi judges that they have a constitutional duty to obey him. He has also ordered that judges could not hear cases against King Mswati III, who rules as sub-Saharan Africa’s last absolute monarch, or royal institutions.

The Mail and Guardian reported that Ramodibedi had a reputation for intimidation. He has intervened in the continuing trial against Bheki Makhubu, the editor of the Nation magazine, who is in court on contempt of court charges after publishing articles critical of Ramodibedi and the Swazi judiciary.
The newspaper reported, ‘Ramodibedi’s interventions in the Makhubu trial, some of doubtful legality, are seen as driven by both a personal grudge and a desire to gratify Mswati. The treatment of Makhubu shows signs of vindictive overkill: armed police stormed his parents’ rural homestead and a heavily armed police guard escorted him from prison to court.

It added Ramodibedi laid two contempt charges against Makhubu.

‘Makhubu was denied bail as an alleged flight risk. Ramodibedi has also personally threatened the managing editor of the Swazi Observer with arrest if the newspaper continued to comment on the Makhubu trial,’ it said.

Monday, 5 May 2014

‘T-SHIRT TERRORISTS’ FREE ON BAIL

The seven ‘T-shirt terrorists’ in Swaziland were granted bail of E15,000 (US$1,500) when they appeared at the Swazi High Court on Monday (5 May 2014).

The seven men had been in jail on remand since 23 April 2014 charged with terrorism offences because they allegedly wore T-shirts with the name of the banned pro-democracy group PUDEMO on them and allegedly chanted slogans.

PUDEMO (the People’s United Democratic Movement) is the best known of several democracy groups banned as ‘terrorist organisations’ in Swaziland, where King Mswati III rules as sub-Saharan Africa’s last absolute monarch.

At an earlier hearing, High Court Judge Mumcy Dlamini had asked the prosecution to provide evidence of the chants the PUDEMO members allegedly made but, local media report, it failed to do so.

Each of the accused men is charged with four counts under the Suppression of Terrorism Act.

The seven men are PUDEMO Secretary General Mlungisi Makhanya; Public Relations Officer Brian Clive Ntshangase; Bongani Gama; Bafana Mabandla Magongo; Siza Jabulani Tsabedze; Ntobeko Gideon Maseko and Mangaliso Simanga Khumalo.

See also

DEMOCRACY LEADERS JAILED ON REMAND
‘T-SHIRT TERRORISTS’ STILL IN JAIL

Thursday, 20 May 2010

SWAZI ACTIVIST INQUEST STARTS

Sipho Jele, the Swaziland democracy activist who died while on remand at Sidvwashini Correctional facility, asked to be sent there because he feared being ‘tubed’ (tortured and suffocated) if he was sent back to police custody, an inquest into his death heard.


The Swaziland Director of Public Prosecutions Mumcy Dlamini said she was pleased to hear this because it meant Jele had not yet been tortured while at the police station. Dlamini told the inquest as far as she knew the only reason why Jele wanted to go to Sidvwashini was his fear of torture by police.


A jailor, Assistant Superintendent Richard Mthukutheli Fakudze, told the inquest he found Jele hanging from a concrete bar in the bathroom of his prison cell at about 5am on May 3 and he just knew Jele had killed himself. While he gave his testimony, he was interrupted by Prosecutor Phila Dlamini who warned him to only say what he observed and desist from giving an opinion. Fakudze had conclusively said Jele hanged himself yet he found him hanging. Said Dlamini, ‘If you insist that he hanged himself, you are actually saying that you saw him tying the blanket around his neck and hanging himself.’


The inquest was told that Jele was charged under the Suppression of Terrorism Act.


The Times of Swaziland, the kingdom’s only independent daily newspaper, reported that two police officers gave ‘contradictory submissions’ about how Jele was arrested at a Workers’ Day celebration.


The Times reported, ‘One glaring anomaly was revealed by witness number three, Constable David Tsabedze, who, despite proof that he had recorded Jele’s health on the night of May 1, 2010, the officer denied ever doing so. Another anomaly is that despite that the suspect was brought to the police station at 5.30pm on May 1, he was only placed in a police cell at 11pm and no one could come forward to state what was happening in the meantime.


‘He was also taken out of the Manzini Police Station’s cell for interrogation purposes for hours on different occasions and one of the officers says it is unclear whether they also took him out of the building.’

Sunday, 4 October 2009

SWAZI GOVERNMENT CASE 'HOPELESS'

Some of the mystery surrounding the reason for the acquittal of Mario Masuku on a terrorism charge has been lifted.


Mbutfo Mamba, the High Court Judge who halted the trial only five hours into a trial that was expected to last several days, says the prosecution’s case was ‘hopeless’.


In his formal ruling he said that the prosecution claimed that Masuku, the President of the banned People’s United Democratic Movement (PUDEMO), contravened the Suppression of Terrorism Act when after a failed bomb attempt he told a funeral gathering ‘they will continue with the bombings’.


The judge said the prosecution failed to make clear who the ‘they’ referred to in the statement were.


Put simply, the prosecution failed to provide evidence that the words Masuku used were actually an incitement to anyone.


The judge’s ruling adds to the humiliation heaped on to the Swazi Government when the case was halted last month (September 2009). The High Court was faced with incoherent statements by witnesses and what even the Swazi Observer, the newspaper in effect owned by King Mswati III, sub-Saharan Africa’s last absolute monarch, called ‘a series of dramatic errors.’


The Swaziland Director of Public Prosecutions Mumcy Dlamini was particularly at fault in presenting a dire case.


In his ruling Judge Mamba gave the government a lesson in English grammar on the wording of the indictment.


‘It is, unfortunately, not a model of clarity. It offends against one of the primary rules of English grammar. It uses the pronoun “they” without any first reference to the object to which it refers. In short, it does not explain who is referred to as “they” – the persons who will continue with the bombing of the government vital structures and installations.’


He went on, ‘[Witness 4] did say in his testimony in re-examination that the accused used the words “we shall continue the bombing” of government structures. This was, however, clearly an afterthought and a desperate attempt to mitigate or ameliorate the hopelessness of the evidence by the Crown.


‘All the three crown witnesses testified that the accused called the deceased a hero. His heroics or heroic deeds were not spelt out or stated. The matter would certainly have been much different had the accused said he was a hero for bombing government structures. There is no evidence that he said so.’


So, humiliation heaped upon humiliation for the Swazi Government. We can all have a good laugh, but we can’t be complacent. The Swazi Government may be stupid, but my God it’s still dangerous.


For more details of the ruling click here.

Thursday, 24 September 2009

SWAZI LEADER MASUKU FIGHTS ON

Mario Masuku, now seen across the world as Swaziland’s main opposition leader, will continue his demand for total democratic reforms in the kingdom.

Masuku, president of the banned People’s United Democratic Movement (PUDEMO) was speaking to the Voice of America radio station after being released from jail on terrorism and sedition charges.

A High Court judge released Masuku on Monday (21 September 2009) within hours of the start of his trial which was expected to last several days. High Court Judge Mbutfo Mamba halted the trial after being presented with ‘poor quality of evidence’ by the prosecution led by Swaziland’s Director of Public Prosecutions Mumcy Dlamini.

Masuku had been on remand in a maximum security prison after being accused of making statements in support of terrorism against the Swaziland state, ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.

Masuku told VOA he was not angry with the Swazi monarchy. ‘I do not feel aggrieved I hate nobody who has accused me of that. Instead, it is the system of governance which is undemocratic, un-participative, un-representative, and distorting our course,’ he said.

Masuku described his unwavering commitment for demanding democracy.

‘I feel it is only my duty to exert more pressure and go to the finish,’ Masuku said. He said despite the ban, he would uphold the principles of PUDEMO.

‘Unfortunately, fighting as peaceful as possible within the condition for a democratic, un-nepotistic, un-racial Swaziland is an idea and the principle that I joined this party for. And as long as I still exist, it is the principle I will go along with,’ he said.

Masuku said there is room for both democracy and monarchy to exist side-by-side instead of the country's absolute monarchy.

‘Really, there can be a multi-party democracy with a monarchy in place. But you can never have absolute monarchy and multi-party democracy. Those things cannot tie,’ Masuku said.

He said Swazis must have the right to choose their leader.

Wednesday, 23 September 2009

SWAZILAND, WORLD LAUGHING STOCK

The attempt to prosecute Mario Masuku, the president of the banned People’s United Democratic Movement (PUDEMO), on a charge of terrorism has been branded ‘shameful’ by the Times of Swaziland, the kingdom’s only independent daily newspaper.

It has made Swaziland ‘the laughing stock of the world,’ the newspaper says.

In an editorial today (23 September 2009) the newspaper attacks Swaziland’s Director of Public Prosecutions (DPP) Mumcy Dlamini for bringing a case against Masuku that had no merit. The case was thrown out by a High Court judge only five hours into a trial that was expected to last several days.

The Times says, ‘For a case that has done so much harm to this country, we are appalled at the dismal quality of the evidence brought before court and rightly dismissed by the judge. It was such a shameful attempt at justice.’

It goes on, ‘The amount of negative publicity drawn upon this country is unforgivable to say the least. We expected a high profile defence for a high profile case.’

The Times says Swaziland deserves that this be the last time ‘we have to deal with such mediocrity otherwise we shall continue to be the laughing stock of the world with the unfortunate consequence of losing all the international friends we need to revive this ailing economy. If we can’t take ourselves seriously, who will?’

To read the full editorial click here.

Tuesday, 22 September 2009

SWAZI STATE STANDS HUMILIATED

The Swazi state stands humiliated today as its attempt to jail Swaziland’s most prominent democrat leader Mario Masuku was foiled by a judge only hours after his trail started.


Masuku, president of the banned People’s United Democratic Movement (PUDEMO), had been in jail on remand for 10 months since November 2008 after his arrest for allegedly making statements at a May Day rally to incite people to terrorism.


The state’s evidence against Masuku was so poor that the trial that was expected to last several days lasted no more than five hours.


High Court Judge Mbutfo Mamba halted the trial after being presented with ‘poor quality of evidence’ by the prosecution led by Swaziland’s Director of Public Prosecutions Mumcy Dlamini.


The High Court was faced with incoherent statements by witnesses and what even the Swazi Observer, the newspaper in effect owned by King Mswati III, sub-Saharan Africa’s last absolute monarch, called ‘a series of dramatic errors’.


According to the Observer, five witnesses had presented their evidence before Judge Mamba halted the trial, including police superintendent Mike Zwane, the officer in charge of investigating Masuku.


Evidence brought to the court by the first witness Sithembiso Shongwe was dismissed because it was irrelevant.


Judge Mamba ruled that the evidence was inadmissible because Shongwe kept telling the court about activities planned by PUDEMO in meetings that were held in South Africa.


It turned out that Shongwe was himself in custody on an undisclosed charge and was escorted from the court in leg irons after he gave his evidence. Shongwe claimed to have been trained by the PUDEMO military wing, Umbane. He said Umbane’s main objectives were to engage in guerrilla warfare so that the government could be forced to the negotiating table and allow democracy in Swaziland

The case descended into farce when one witness, owing to poor sight, spent about two minutes trying to spot Mario Masuku in court.

The Times of Swaziland reported Kwanele Dlamini, from Siteki, was asked to identify Masuku from the people in court and requested to move out of the witness stand to try and spot him. Dlamini then went around the court room, looking and inspecting at all the people who were present in court, trying to find Masuku. He was even misled by some of the people in court by jeering and shouting that he was not present, but the determined Dlamini looked at almost everyone before spotting Masuku seated at the accused dock.

During cross examination, according to the Observer, another witness Banele Dlamini made jumbled statements and kept on contradicting himself during cross examination. When advocate Norman Kades asked probing questions on Masuku’s utterances, he said he could not possibly remember everything because the accused had made a long speech.


Advocate Kades observed that the witnesses had conveniently remembered aspects about Masuku’s utterances on terrorism which would seem to favour the interests of the crown. Mbambiseni Maseko who was also brought before the court as a witness also contradicted himself.


Masuku had been charged with contravening the Suppression of Terrorism Act (STA) after he uttered statements to the effect that PUDEMO would continue with the bombing of vital government structures in Swaziland last year at the funeral of the late Musa Dlamini who was killed during a bomb blast at Lozitha bridge.


The state, uncertain it could force a conviction under the STA had an alternative charge under the Sedition and Subversive Activities Act of 1938.