The jeopardy of rule of law; democracy; separation of power and fundamental human rights in Swaziland
Posted: 14 May, 2014 Filed under: Njiti Lucius Batty | Tags: Bheki Makubhu, Centre for Human Rights, freedom of expression, freedom of media, National Magazine Editor, right to bail, right to liberty, right to work, rule of law, separation of power, Swaziland, Thulani Maseko, wrongful arrests 1 CommentAuthor: Njiti Lucius Batty
Candidate Advocate, High Court of Tanzania; Tutorial Assistant and Coordinator, University of Dodoma Law Society & Moot Court, Tanzania
Swaziland is the only absolute and pure monarchical country in Africa and has no multi-party system and Ingenyama, the King himself enjoys absolute powers over the executive and he is assisted by the traditional prime minister and official prime minister.
This article portrays the real story on the way rule of law; democracy; separation of power and fundamental human rights in Swaziland are at risk.
In January 2014, Bhantshana Gwebu, the Government Chief Vehicle Inspector of Swaziland was arrested basing on the reason that Gwebu had stopped the vehicle which chauffeured Esther Ota, one of the judges of High Court in the land.
This incidence instigated the minds of both Thulani Maseko, human rights lawyer, activist & the alumnus of the Centre for Human Rights, University of Pretoria in South Africa and Bheki Makubhu, the National Magazine Editor who published the article in National Magazine criticising the whole matter of arresting Gwebu. The article stated only the truth that the Vehicle Inspector was implementing his official roles thus it was unbecoming to arrest him and it was unconstitutional. And no one is above the law and for this case respect of traffic laws had to be followed.
Owing to that article, Maseko and Makhubu were arrested on March 18, 2014 and detained in custody for 20 days as result of the arrest warrant issued by the Chief Justice of Swaziland, Michael Ramodibedi who is also a judge in Lesotho.
Welcome to the AfricLaw Blog
Posted: 2 April, 2012 Filed under: About AfricLaw | Tags: Africa, Centre for Human Rights, debate, Institute for International and Comparative Law in Africa (ICLA), law, legal academics Leave a commentAfricLaw, launched in April 2012, is a blog which provides a platform for discussion for those interested in the rule and role of law in Africa. All areas of law applicable to Africa are covered, both international (global and continental) and national. Legal academics and students, researchers, international and national civil servants, legislators and politicians, legal practitioners and judges, as well as those who are not lawyers but have an interest in law are among those who are welcome to participate in the discussions. AfricLaw provides a space for the discussion of issues of substance, forming of opinions and information sharing among people living on the continent, those from Africa who are in the diaspora, and anyone else who is interested in participating. AfricLaw will also serve as a vehicle for comments from Africa on legal developments in the rest of the world.
The aim of AfricLaw is to contribute towards strengthening African capacity in the field of law, through informed and engaged discussion. As a blog, the strength of the platform will be the immediacy of interaction across a wide geographical area without the need to travel; the aim will not be to take the place but rather to strengthen the role played by initiatives such as academic journals, books, professional organisations etc.