Showing posts with label courts. Show all posts
Showing posts with label courts. Show all posts

Sunday, January 3, 2010

SWAZI ARMY COMMANDER ‘ABOVE LAW’

The top Umbutfo Swaziland Defence Force commander is operating above the law and may be a danger to the kingdom.



He disobeys legitimate court orders and acts outside the law.



If he is capable of doing these things what else might he do?



These are the concerns of the Times of Swaziland, the kingdom’s only independent daily newspaper.



In a profile of Lieutenant General Sobantu Dlamini, Army Commander, the Times says it is ‘tragic that in the last few weeks, the emerging trend has been that the army lives in its own world, with its own rules, disciplinary procedures and general way of life’.



The newspaper continues, ‘A few weeks ago, this very newspaper reported that three junior army officers were making attempts to go back to work.



‘Mpendulo Mngomezulu, Nkosikayikhethi Nxumalo and Vusumuzi Hlatshwayo were arrested a few years ago for allegedly stealing government fuel.



‘The matter went to court because the army realised the alleged act was criminal and the police had to be involved.



‘The court cleared the trio and ordered that they return to work.



‘The Army Commander, probably after consulting his own deputies, came back with his own verdict: The three men stole the fuel and were caught red-handed. They cannot go back to work!



‘Sobantu hinted, when our reporter raised the issue of a Court Order, that such documents were not enough where the army was concerned.



‘The question is: why did the army opt for the legal civil route if it was not going to adhere to the ruling?



‘Then again, what if the court had sentenced the soldiers to, say, three years in jail each?



Would Sobantu have come out to say, “No, actually these soldiers should not go to jail. We do not care much about rulings in the army?”



‘Sicelo Shongwe’s matter is another case in point.



‘Arrested in 2002 for attempted murder, he was cleared by the courts, which automatically meant he had to go back to work.



‘Shongwe had been arrested and charged after he borrowed a home-made gun from a resident in the northern Hhohho to shoot an alleged dagga dealer who was trying to smuggle the illegal herb into South Africa.



‘The bullet from the gun ricocheted, hitting one of the people at the scene.



‘He was cleared of the charge of attempted murder because he had no intention to harm the person who was ultimately hit by the bullet.



‘This is a 2002 incident but still, he is not at work. Army authorities do not want him back.



‘The last story appeared in the Times of Swaziland on Wednesday, two days before Christmas (2009).



It is the sad story of one Sandile Dlamini, who built a big house in Logoba, near Matsapha but could only watch while it was demolished this past week.



‘Sobantu Dlamini allegedly ordered the demolition - verbally.



‘There was neither any court nor eviction order.



‘Sandile is said to have built the house on land that belongs to the king.



‘His claims, to the effect that he got it though the customary kukhonta and has witnesses to prove it have fallen on deaf ears.



‘Sandile is taking the matter to court but if past scenarios are anything to go by, does he have any chance, whether he wins or loses?



‘How many have taken Sobantu to court and came back to claim victory?



‘Will the Army Commander abide by any ruling the court could make on the matter?



‘What if he doesn’t?



‘Will it just be another day in good old Swaziland?



‘Questions, questions but the most important one of all is: If the Army Commander will have no regard for our courts, what else is he capable of?



‘If he will verbally instruct his subordinates to go and demolish a man’s house without following a legally laid down procedure, what else could he send them to do?



‘If he is capable of giving off-the-cuff orders to his juniors and they are capable of taking those instructions without any qualms or further prodding, what else will he instruct them to do – now or in the future?



‘If the courts are useless establishments to the army, what mechanism is there to rein in the fallible-as-everybody-else commander when he breaks the law?’the Times concludes.

Friday, December 11, 2009

KING AND P.M. DON’T AGREE ON PEACE

They can’t both be right. This week we had King Mswati III writing that Swaziland is a peace loving kingdom and just a few days later Barnabas Dlamini, the man he illegally appointed Prime Minister, says there is a continuous terrorist threat.



The Swaziland Coalition of Concerned Civic Organisations (SCCCO) pointed this out in a response to Dlamini’s much publicised statement on the future direction of Swaziland.



SCCCO says in a statement, ‘The Government continues to hold on to the myth that there is a terrorist threat in Swaziland. We would like to remind them that terrorism is of a scale and degree far beyond the low levels of politically based violence that Swaziland has encountered in the last few years.



‘His Majesty, King Mswati III wrote in an international article this week that Swaziland is a peaceful and happy country. He actually says ‘As a peace loving nation, the Kingdom of Swaziland strongly believes in promoting dialogue to address national issues and challenges. It is for that reason that our country is known all over the world to be the oasis of peace.’



‘His Prime Minister singles out Terrorism as a “continuous threat”. All of the actions under the Suppression of Terrorism Act are against Swazis not foreigners – can both be true? Or is the reality that the Suppression of Terrorism Act is merely a vehicle for silencing legitimate dissent?’



SCCCO is also concerned that there is no structure in place for the Prime Minister’s statement to be questioned or debated.



The analysis covers a wide range of policy topics including law enforcement, political objectives, economic objectives, foreign policy objectives, independence of the judiciary and the duties of the citizen.



To read the statement in full, click here.

Monday, October 12, 2009

WHAT RULE OF LAW? - SWAZI KING

If you have any doubts that Swaziland’s King Mswati III doesn’t know the first thing about the rule of law read on.

The king, sub-Saharan Africa’s last absolute monarch, says he is unhappy at the high number of suspects who are being acquitted by the Swazi courts.

He seems to believe that anyone who goes before the courts is guilty.The king who consistently ignores the kingdom’s constitution in matters of human rights and civil liberties and who appointed Barnabas Dlamini prime minister and half the government in contravention of the constitution, says there are times when ‘acquitted persons showed no remorse for what they had allegedly done’.

That’s the point. They had allegedly done something but when the case came to court they were found to be utterly innocent.

The king was speaking during the Correctional Services pass out parade and Correctional Services Day held at Matsapha after Mario Masuku, president of the banned People’s United Democratic Party (PUDEMO) was acquitted of a terrorism charge, five hours into a High Court case that was expected to last several days.

The judge threw out the case saying there was no credible evidence offered by the prosecution. Judge Mbutfo Mamba called the prosecution’s case hopeless.King Mswati said it was clear that there were problems with the country’s justice system and called upon all judicial agencies to strengthen their operations to ensure that suspects were convicted.

The king said as this situation persists, it could be necessary that stiffer laws be put in place to guard against such occurrences.