Wednesday, April 9, 2014

CONTEMPT OF JUSTICE


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.