| Description |
1 online resource (108 pages) |
| Contents |
Executive Summary -- Acknowledgements -- 1. General Information and Background -- 1.1 Political and human rights background -- 1.2. Criminal justice system -- 1.3. Human rights obligations and standards applicable to Swaziland -- 1.4. Background information on the defendants -- 2. The Trial -- 2.1. Timeline -- 2.1.1. Events pertaining to Mr Bansthana Gwebu and the articles written and published by the accused -- 2.1.2. Events pertaining to the arrest of the accused and other pre-trial matters -- 2.1.3. Events pertaining to the trial of the accused -- 2.1.4. Events following the trial -- 2.2. Venue -- 2. The case against the defendants -- 2.3.1. Facts of the case -- 2.3.2. Charges against the defendants -- 2.4. Overview of legal proceedings and procedural issues -- 2.4.1. Initial arrest and detention of Mr Maseko and Mr Makhub -- 2.4.2. Constitutional challenge to the arrest and detention -- 2.4.3. Application for recusal of trial judge, Judge Simelane -- 2.4.4. Application for bail -- 2.4.5. Trial -- 2.5. Prosecution case -- 2.6. Defence case -- 2.7. Conduct of the trial -- 2.7.1. Defence applications at commencement of trial -- 2.7.2. Defence of lis pendens -- 2.7.3. Directions on trial procedure -- 2.7.4. Trial Judge Simelane as witness -- 2.7.5. Prosecution evidence at trial -- 2.7.6. Defence application for dismissal of the case following Crown testimony -- 2.7.7. Defence evidence at trial -- 2.7.8 Closing submissions by the Crown -- 2.7.9. Closing submissions by defence counsel, Advocate Maziya -- 2.7.10. Closing submissions by defence counsel, Advocate Mkhwanazi -- 2.8, Decisions of the trial court -- 2.8.1. Basis of the verdicts -- 2.8.2. Sentences imposed -- 2.9. Appeal proceedings -- 3. Evaluation of the Trial -- 3.1. Legal frameworks used to evaluate the trial -- 3.2. Evaluation of proceedings -- 3.2.1. Initial warrants of arrest against Mr Maseko and Mr Makhubu -- 3.2.2. Remand in custody of Mr Maseko and Mr Makhubu by the Chief Justice -- 3.2.3. Judge Simelane as trial judge -- 3.2.4. Opinion of the UN Working Group on Arbitrary Detention -- 3.3. Application of the law to the charges of contempt of court -- 3.3.1. Laws and standards on the freedom of expression -- 3.3.2. Conviction of the accused -- 3.3.3. Opinion of the UN Working Group on Arbitrary Detention -- 3.4. Evaluation of sentences imposed -- 3.4.1. Laws and standards applicable to sentencing for contempt of court -- 3.4.2. Comparable sentencing provisions and decisions -- 3.4.3. Sentencing of the accused -- 3.4.4. Opinion of the UN Working Group on Arbitrary Detention -- 3.5. Conclusions -- 3.5.1. Unlawful and arbitrary arrest and remand in custody of Mr Maseko and Mr Makhubu -- 3.5.2. Trial not before an impartial tribunal -- 3.5.3. Improper conviction and resulting violation of the freedom of expression -- 3.5. Disproportionate sentences -- 3.6. Recommendations -- Appendices -- 1. Editorial article written by Mr Maseko and Mr Makhubu, 'Speaking my mind' -- 2. Article written by Mr Maseko, 'Where the law has no place' -- 3. Summaries of evidence adduced at trial -- 4. Written statement of Mr Maseko, read as evidence in the trial on 4 June 2014 -- 5. Extracts from national, regional and international law and standards used to evaluate the trial |
| Summary |
"The ICJ today released its trial observation report of the trial in 2014 before the High Court in Mbabane, Swaziland, in The King v The Nation Magazine, Bheki Makhubu, Swaziland Independent Publishers (Pty) Ltd, and Thulani Maseko. In February 2014, Thulani Maseko and Bheki Makhubu wrote an article entitled "Speaking my mind", published in the Nation Magazine, which is owned by Swaziland Independent Publishers (Pty) Ltd. In March 2014, Thulani Maseko wrote a second article entitled 'Where the law has no place', also published in the Nation Magazine. The articles criticized the manner in which the former Chief Justice of Swaziland, Justice Michael Ramodibedi, had handled an allegation of contempt of court against Bansthana Vincent Gwebu in January 2014. The charges against the four defendants arose from the fact that the articles were published before the case against Bansthana Vincent Gwebu had been disposed of. The defendants were accused of unlawfully and intentionally issuing statements contemptuous of the court. The ICJ's report The Failure of Justice: Unfair Trial, Arbitrary Detention and Judicial Impropriety in Swaziland concludes that the arrest and detention, trial, conviction and sentencing of the defendants involved multiple violations of the Constitution of the Kingdom of Swaziland, the African Charter on Human and Peoples' Rights, the Principles and Guidelines on the Right to a Fair Trial in Africa and the International Covenant on Civil and Political Rights. Thulani Maseko and Bheki Makhubu were subjected to unlawful and arbitrary arrest and detention, including violation of their right to legal counsel and their right to a public hearing with respect to their initial appearance before the Chief Justice in his chambers. All aspects of the trial, including pre-trial proceedings before the Chief Justice and the trial judge, involved violation of the right of all defendants to a hearing by an impartial tribunal. The defendants were improperly convicted, in violation of the right to freedom of expression. Even had the convictions been proper, they were sentenced to disproportionately severe sentences, particularly in the case of the sentences of two years' imprisonment of Thulani Maseko and Bheki Makhubu. Although the improper convictions and disproportionate sentences have been 'self-corrected', through the Supreme Court of Swaziland's unopposed setting aside of convictions and sentences, it remains the case that Thulani Maseko and Bheki Makhubu were arbitrarily deprived of their liberty, including because this resulted from the legitimate exercise of their freedom of expression."-- Publisher press release |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from PDF cover (International Commission of Jurists, viewed October 12, 2016) |
| Subject |
Maseko, Thulani.
|
|
Makhubu, Bheki.
|
|
Gwebu, Bansthana Vincent.
|
|
Swaziland. High Court.
|
|
Due process of law -- Eswatini
|
|
Freedom of expression -- Eswatini
|
|
Fair trial -- Eswatini
|
|
Detention of persons -- Eswatini
|
|
Judicial ethics -- Eswatini
|
|
Sentences (Criminal procedure) -- Eswatini
|
|
Justice, Administration of -- Eswatini
|
|
Detention of persons.
|
|
Due process of law.
|
|
Fair trial.
|
|
Freedom of expression.
|
|
Judicial ethics.
|
|
Justice, Administration of.
|
|
Sentences (Criminal procedure)
|
|
Eswatini.
|
| Form |
Electronic book
|
| Author |
Maseko, Thulani, defendant.
|
|
Makhubu, Bheki, defendant.
|
|
Gwebu, Bansthana Vincent, defendant.
|
|
International Commission of Jurists (1952- ), issuing body.
|
|
Swaziland. High Court, court governed.
|
| ISBN |
9789290372097 |
|
9290372095 |
|
