2 OPTIONS FOR BHEKI, THULANI APPEAL 03/08/2014 10:23:00 BY MFANUKHONA NKAMBULE Font size: Decrease font Enlarge font MBABANE – Lawyers representing jailed Bheki Makhubu and Thulani Maseko say they have two options on the table regarding an appeal against their clients’ conviction. The first option, they said, was to lodge an appeal before the end of the week beginning today. That is the route they said would definitely be taken. However, it has not yet been filed in court. The second option, according to lawyers representing Makhubu and Maseko, could be a consideration of a legal route to the African Court on Human Rights. This they could do after they had exhausted all legal structures. However, it can be said that a ruling by the African Court on Human Rights has a bearing on a country’s integrity. It requires even the executive arm of government to ensure its ruling is adhered to. Makhubu, editor of the Nation Magazine and Maseko, a well known human rights attorney, are serving a two-year jail term for contempt of court in that they wrote ‘scurrilous’ articles about a case that was still pending in court. The case in question involved Bhatshana Gwebu, the Chief Government Vehicle Examiner, who was arrested for contempt of court in that he nabbed Vusi Tsela, a chauffeur for Judge Esther Ota, for driving a government car without proper authorisation. Justice Ota was present when Gwebu pounced on Tsela. All of the evidence in the Gwebu case is yet to be tested in court. Mandla Mkhwanazi, a top human rights attorney, said advocates were still studying the case – analysing Justice Mpendulo Simelane’s judgement. He said they scrutinised the judgement, with a view to lodging the appeal against the conviction of the editor and human rights attorney. He said it was also essential that they learnt about procedure for filing cases before the African Court on Human Rights. This is a fully fledged court established by the African Union (AU). “We see no impossibilities in seeking redress in a regional court. However, we are working on the appeal which we will file before the end of the week,” he said. Mkhwanazi said they would pre-empt their legal points on the grounds that they were still to lodge the appeal. Meanwhile, Advocate Lucas Maziya, who represented Makhubu, said it was the discretion of the registrar of the Supreme Court and Chief Justice to determine the date for the hearing of the appeal. “We have no control over the court roll. However, our wish is to have the appeal heard in November this year, “Maziya said. He said the Court of Appeal had two sessions per annum in May and November. “They can have a special session but judges of the court of Appeal (Supreme Court) normally hear cases in May and November,” he said. Maziya said Makhubu and Maseko reserved their legal right to apply for bail pending appeal. “Even here it depends on whether the bail can be granted or not,” he said. He said Makhubu and Maseko would continue to serve their jail term even when their matter was on appeal. “There is no stay of execution in a criminal matter,” said the advocate. “In a criminal matter they will remain in jail and serve their sentence despite the fact that we have appealed against the conviction.” ... chances of bail pending appeal? MBABANE – Senior international judges, attorneys and academics are unhappy with the sentence imposed on Thulani Maseko and Bheki Makhubu following their conviction on two counts of contempt of court. In a statement, they said the conviction had the outcome of effectively removing the right of society to hold their leaders, including judicial officers, accountable. The judges, attorneys and academics addressed the issue through their association – the International Commission of Jurists (ICJ). ICJ is a standing group of 60 eminent jurists (including senior judges, attorneys and academics) dedicated to ensuring respect for international human rights standards through the law. Commissioners are known for their experience, knowledge and fundamental commitment to human rights. The composition of the Commission aims to reflect the geographical diversity of the world and its many legal systems. In its statement, the ICJ believed that the sentence of two years imprisonment without the alternative option of a fine, was shocking to all reasonable and informed persons. Thulani Maseko and Bheki Makhubu were charged with two counts of contempt of court emanating from articles published in February and March 2014, in which they questioned circumstances surrounding the arrest of a government vehicle inspector Bhatshana Gwebu. They were convicted as charged and sentenced on the morning of July 25, 2014. ICJ said the sentence punished the defendants for having exercised their right to freedom of expression and to hold opinions without interference. Jurists said the sentencing was also disproportionate in comparison to similar cases, which have invariably been punished with sentences of one to three months imprisonment with the option to pay a fine. They said the imposition of such a harsh penalty sent a chilling message to the effect that freedom of expression was a right in name only. “It also has the outcome of effectively removing the right of society to hold their leaders, including judicial officers, accountable,” the ICJ said. In effect, the jurists said the judiciary was being shielded from any public scrutiny and in the future no Swazi citizen would dare criticise judges for any act of misconduct or abuse of power for fear of receiving lengthy prison terms in reprisal. “This sentence is essentially unfair and no reasonable superior court should uphold it. We urge the High Court to grant bail pending appeal once an application has been filed,” said Wilder Tayler, Secretary-General of the ICJ. “Thulani and Bheki should be immediately released from custody since they have been punished for the legitimate exercise of their human rights”. times.co.sz/news/98323-2-options-for-bheki-thulani-appeal.html
Posted on: Sun, 03 Aug 2014 10:24:06 +0000
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