SCANDALISING THE SWAZI JUDICIARY
Scandalising the courts, otherwise
legally known as Contempt of Court was the buzz phrase that not so
long ago had Nation Magazine editor, Bheki Makhubu, being thrown
hither and thither as the Swazi Judicial Cabal once more turned
Swaziland into a kangaroo court in session. It was a case that once
again took another jibe at the integrity of the Swazi Judiciary, and
piled more doubt to the quality of the justice that Swaziland offers.
Not so long ago Chief Justice Michael
Ramodibedi, Justice Bheki Maphalala, and Mumcy Dlamini, issued a joint public statement threatening all manner of reprisal to those
that dared to, “scandalise the courts”. Judging from the freeing
or rather the, “setting aside”, of Bheki Makhubu and Thulani
Maseko's shame of a case, it might seem like the arm of the Swazi
Judicial Cabal has been twisted a tit bit too painfully, otherwise it
wouldn’t voluntarily sacrifice its bully street cred.
A JUDGE IN CONFLICT WITH HERSELF
It would be wise for analysts,
observers, political activists, and even the victims themselves, to
put caution on hastily garlanding Judge Mumcy Dlamini because she
apparently, finally, out of the blue, “found justice” and applied
it “fairly”. If there is anything further from the truth it is
this readily available line of reasoning.
There is no
way that Judge Mumcy Dlamini will “find Jesus” and start
shouting, “let Mphandlana Shongwe enjoy justice”. Such is
normally a gradual occurrence and it follows the logic of “growing”,
and not the miracle that is presently purported.
What happened at the Swazi courts
during the victimisation of Bheki Makhubu and Thulani Maseko was an
historical event which is a good sign of a coming of age of a people.
The filling of the courts by Swazi and foreign people, the
condemnation from a good number of well respected, local, regional
and international organisations, and the constant toyi toying would
be a bit much for even the most resolute stooges of Tinkhundla
system. So basically, something had to give, and fortunately in this
instance it was Judge Mumcy Dlamini's nerve. That more nerves will
pop this year and beyond is a reality contained within the resolve
and the coming of age that Swazi people have shown and left no one in
doubt that those that have taken the liberty to treat Swaziland as
their personal farm are in for a surprise.
That the action of Justice Mumcy Dlamini
of going against cabal protocol, will get her into the proscribed
kind of trouble is almost a fact. So instead of rushing to buy
thank-you cards for the “brave” judge, rather we prepare to stand
by her side in defence of her action of releasing Bheki Makhubu and
Thulani Maseko and not to indiscriminately declare her the champion
of justice when in the near future she would be slapping all manner
of dodgy sentences on democracy activists, that is, if she is not
fired.
A cabal in conflict with itself is not
necessarily a cabal in agreement with the people. The Lesotho
national was bound to entangle the long rope he was given, and sooner
or later his immediate subjects were bound to feel the heat and a
couple of nerves would pop. This is normally the logic around the
exploits of corrupt cliques. It might not be surprising that the hand that pays the paper might be rather perplexed on which song to order the piper to play next because it seems like the medley that the Chief Justice is belting out is a personal compilation and there is no agreed upon playlist; even though there is that overarching agreement that the piper must play.
RAMODIBEDI MUST GO
HOME
There isn't anything that should be
keeping the Chief Justice in Swaziland, now that he has lost his
appeal in Lesotho. It would prudent for those that pay the gentlemen to release him
because it is clear that, in what appears as the height of irony, he
is is trying to dodge Justice in his native country; and releasing
him from his engagements in Swaziland would help him to adequately
focus on the whirlwind he has been creating in Lesotho. He must go
home and face his impeachment.
The absence of the judge in Swaziland
would help Swazi people to focus on more constructive issues than
attending to his tantrums. For a while he has been a frustrating
waste of time. Instead of the people of Swaziland focusing on real
issues of condemning Mswati III's repressive regime. and planning on how to sustainably launch Swaziland into the future, now and again the country has to focus on this attention
seeking grown delinquent whose ego is gangrened with selfishness, and a
blatant attempt to keep Swazi people as repressed as possible.
Judging from the trouble following him, it is clear that he is a
serial home wrecker. The gentleman has obviously overstayed his
welcome and it is time that he heads back home.
