The jeopardy of rule of law; democracy; separation of power and fundamental human rights in Swaziland

Njiti Lucius BattyAuthor: 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.

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Corruption in Ethiopia: Causes and remedies

Daniel Behailu GeberamanuelAuthor: Daniel Behailu Geberamanuel
PhD student at Law Faculty of Giessen University, Germany

It is often heard (from all concerned) that corruption levels in Africa and particularly in Ethiopia are of concern. Corruption is not only a violation of law and order, but a massive cause for the exacerbation of poverty already entrenched in the society. It frustrates any genuine effort exerted towards societal and economic development both by the government and the people. The ill sides of corruption are not to be undermined nor should efforts to fight it be played up as a political game just to prolong the life of a specific regime posing as the “good guy”. The fight against corruption must not be a tactical step for public attention and a ploy to win the sympathy of people. The fight against corruption by all Ethiopian stakeholders should investigate the root causes of corruption to address the problem sustainably for the following reasons: Ethiopia is cultivating tens and thousands of graduates from universities and technical colleges every year and the lack of jobs is becoming a serious concern.

According to a report by Global Financial Integrity, Ethiopia lost close to $12 billion since 2000 to illicit financial outflows. This is simply disaster in the making. The government must be serious in its fight against corruption because the government’s credibility and whatever level of legitimacy it might have been commanding is put to question. Therefore, in the government cadres’ language, “fighting corruption ought to be a survival issue”.

Every time I hear of anti-corruption efforts in my country, my pain is immense and is summed up by a phrase in the Amharic language “sedo masaded”, roughly translated as “trying to arrest after cutting lose”; the question is why “cut lose”? Why not fix the fence? Why not shut the door to thieves and the corrupt? The question for all of us is how to secure the house. The solution lies in “institutionalising the rule of law”; subsequently, if anyone subverts the system, all due processes of the law must ensue and no one should be considered or consider themselves above the law.

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Leading the way for other African Judiciaries: A Kenyan Case Study

Ivy KiharaAuthor: Ivy Kihara
Operations Manager, InformAction; Advocate of the High Court of Kenya

In November 2011 a Kenyan High Court Judge made history. Justice Nicholas Ombija made a controversial ruling issuing an arrest warrant for President Omar Al- Bashir of Sudan in the event he visits the Republic of Kenya. The arrest warrant was held as valid pending a full Appeal on Tuesday 20 December 2011 by the Kenya Court of Appeal after the Attorney General, Githu Muigai, rushed to court claiming that Judge Ombija’s ruling was creating ‘international anxiety in International circles’. The Attorney General of Kenya appealed the ruling on the arrest warrant and also applied for a stay on the arrest. The stay was denied pending hearing of the appeal. ICJ-Kenya has raised a preliminary objection citing that the Attorney General of Kenya under the 2010 constitution is not the competent representative of the Kenya Government in criminal cases like the All Bashir case. His decision upheld, Justice Ombija issued a provisional arrest warrant for President Bashir on Monday 23 January 2012. It was served on the Minister of Internal Security, Geroge Saitoti, ordering him to arrest President Bashir and hand him over to the ICC if he steps on Kenyan soil.

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