Law bodies alarmed at Swazi saga

Several of law bodies have responded to the reported dismissal of Swaziland's justice minister and a high court judge

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A number of law bodies have expressed alarm at the reported dismissal of Swaziland's justice minister and a high court judge.

This emerged in a joint statement by the International Commission of Jurists (ICJ), the Southern Africa Development Community Lawyers Association (SADC LA), and the Southern African Litigation Centre (SALC) on Friday.

“These actions speak to clear contempt for the rule of law and further debasement of Swaziland's system of governance,” they said.

Swaziland High Court Judge Thomas Masuku and the country's justice minister had reportedly been fired. The minister was apparently dismissed for refusing to sign Masuku's dismissal order.

The law bodies said Masuku's dismissal followed a clearly tainted disciplinary hearing.

The initial 12 charges of misconduct put to Masuku were so vague and unsubstantiated as to create the impression that they were spurious.

As it transpired, several of the charges were abandoned at the disciplinary hearing.

The hearing itself was not conducted in compliance with fundamental principles of justice and fairness, said the law bodies.

The chief justice refused to recuse himself, notwithstanding the fact that he acted both as accuser and judge.

The application for the hearing to be held in public was denied and the opportunity to cross-examine deponents to the affidavits attesting to Masuku's alleged misconduct was also refused. No reasons were provided for these decisions.

The organisations said these recent events were likely only to further inflame Swaziland's judicial crisis. -

Sapa

Source: http://www.iol.co.za/law-bodies-alarmed-at-swazi-saga-1.1148484

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