Lawyer Thulani brings, reads speech in court 05/06/2014 06:45:00 Stories by Nkululeko Gama image MY SPEECH: Lawyer Thulani Maseko reading his speech before Judge Mpendulo Simelane adjourned court yesterday. Chief Justice Michael Ramodibedi made a surprise stop at the Mbabane Magistrate’s court yesterday; the premises where The Nation Magazine Editor Bheki Makhubu and Human Rights attorney Thulani Maseko are being tried for contempt of court. Just the minute when Makhulu Baas, as the CJ is known, landed in his convoy in the court premises, Judge Mpendulo Simelane asked for adjournment of the matter without stating his reasons, leaving the public to speculate. The judge’s adjournment was met with utter disappointment from the supporters and relatives of the duo as they were drawn to a ‘crowd pulling’ speech by Lawyer Maseko. Maseko was reading a written speech which he handed over as his official evidence after he was called to his defence on the charges. Maseko’s speech was met with cheers from the activists, relatives and sympathisers of the duo. Maseko was firing on all cylinders, especially towards the conduct of the CJ and Judge Mpendulo towards them throughout the case. Journalists, activists and interested individuals rushed to the entrance of the parking to have a glimpse of Makhulu Baas as he was ushered into one of the Magistrate’s court chambers where he spent about 20 minutes before he left for the High Court. Ramodibedi was in the company of High Court Registrar Fikile Nhlabatsi and Principal Magistrate Nondumiso Simelane. It was reported that the CJ was there just to inspect one of the offices which might be used by one of the newly appointed judges. “It is a bad coincidence. When Maseko starts attacking the Judge and the CJ, he miraculously makes his way into the court premises. Surprisingly, the same time he lands, Judge Simelane asks for adjournment,” said one of the human rights lawyers in court. Judge Simelane left for about two and half hours before the court proceedings could resume. Shockingly, the DPP asked for the matter to be adjourned so he could make an application against Maseko’s speech. I am not a supporter of the system - Thulani LAWYER Thulani Maseko made it clear that he was not a supporter of the country’s system. Speaking from the accused dock yesterday at the High Court of Swaziland, Maseko, who is charged with contempt of court for writing allegedly contemptuous articles about the arrest of Government Chief Vehicle Inspector Bhantshana Gwebu, said he was not a supporter of the country’s system of governance. Maseko blatantly revealed this whilst attacking Judge Mpendulo Simelane and the CJ Michael Ramodibedi. He said the two were in contravention of the constitution and should be charged with treason. The lawyer quoted a biblical scripture saying “you sit there to judge according to the law yet you break the law”. “I dare say so although I am neither a fan nor supporter of the constitution which itself is inconsistent with the Rule of Law; and is not a true reflection of the genuine aspirations of the people of Swaziland. It was forcefully imposed,” Maseko said. Judge Simelane accused of being biased, hostile THULANI MASEKO Maseko revealed that Judge Mpendulo Simelane has been hostile towards them from their first appearance before him. The lawyer said throughout his years as a legal practitioner, he had never seen such anger, hostility and prejudice from a judicial officer. He said such anger, hostility and prejudice was demonstrated to them by the CJ in his chambers during their arrest. The lawyer revealed that the CJ told them point blank that contempt of court was a serious offence. Maseko said as accused persons, the feeling that Judge Simelane was biased in the matter had never left them. appearance He said from the first day of their appearance before Judge Simelane, they knew he had not brought an impartial and unprejudiced mind to the resolution of the matter. He said they had been ambushed from day one right to the end. “All applications we made before His Lordship have been against us, but found favour with the state,” Maseko protested. The lawyer further denied that he had ever insulted Judge Simelane. He said the reverse of that was true. “Every practising practitioner worth his salt, including the DPP and the AG will agree that judicial officers are expected by law, to treat litigants courteously even if they dislike them,” Maseko attacked. DPP wants judge to stop Maseko THE Director of Public Prosecution Nkosinathi Maseko will apply for the removal of some statements in the speech written and read by Lawyer Thulani Maseko today in court. The DPP said there were some statements which were irrelevant to the contempt of court case in the speech presented by Maseko in court yesterday. He asked for an adjournment of the matter before Lawyer Maseko could finish reading his speech, in order to file an application against it today. The government lawyer contended that the rules of relevance should be applied when a witness gives evidence. The DPP’s application was met with horror from the defence team. Advocate Lucas Maziya said he had never heard of any instance in law, where the crown controls how an accused person can give evidence. Maziya highlighted that in most cases when the crown feels an accused person is saying irrelevant things, they wait until submissions, where that works to their advantage. Advocate Maziya revealed that Makhubu and Maseko had applied to be acquitted because they felt there was no case against them but the court ruled that the duo have a case to answer. “It is now surprising when Maseko starts to answer and the DPP feels some of his statements are irrelevant,” Maziya protested. “We are dealing with the liberty of individuals here. “They have been in custody for three months and that is punishment on its own. Makhubu and Maseko are entitled to the presumption of innocence until proven guilty,” Maziya cried. ‘DPP wants Maseko, Makhubu in prison’ LAWYER Mandla Mkhwanazi feels the application by the Director of Public Prosecution to alter the speech by incarcerated Lawyer Thulani Maseko was just a plot to shove the two into prison. The outspoken Mkhwanazi said he had not heard any reason from the DPP supporting his application for a postponement save that he intends moving the controversial application today. Mkhwanazi highlighted that the crown wants to convict Maseko in the matter because, if he is stopped from continuing with his evidence, it would mean he had not defended himself in the case. “This would be similar to shoving him to prison in a wheelbarrow,” Mkhwanazi noted. He also made it clear that nowhere in the world had an accuser told an accused how to give his or her evidence. He said if such was to be done that would be opening floodgates of irregularities. “If Maseko nails himself, so be it. It is not the duty of the crown to defend him,” Mkhwanazi protested. After taking about five minutes of adjournment, Judge Simelane ruled that it would be gross injustice not to hear what the DPP wanted to say. He said it would be better to wait and see what he wants and then decide. The judge postponed the matter to this morning. Charge CJ, Judge Mpendulo with treason - Lawyer Thulani Maseko INCARCERATED Human Rights Lawyer Thulani Maseko feels Judge Mpendulo Simelane and his boss Chief Justice Michael Ramodibedi should be charged with treason. Maseko said the two had allegedly conspired with the DPP, the police and government to suspend the supremacy of the Constitution and the Bill of Rights for egocentric reasons. Maseko took to the stand yesterday to vindicate himself against the contempt of court charges preferred against him. Clad in his famous Zulu traditional attire, Maseko highlighted that it pained him to see Judge Mpendulo violate and break every rule of practice in the justice game, as provided for in the Rules of Court and the rules applicable under the criminal justice system. Maseko accused the judge of not only breaching the normal rules of practice and procedure and the Criminal Procedure and Evidence Act which have governed the fair administration of the criminal justice for years, but has also blatantly violated and breached the Constitution of Swaziland. “Instead of enforcing the Bill of Rights and the Constitution, I contend that this court has subverted same. We strongly hold the view that the conduct of the office of the DPP, AG, the police and the entire state machinery amount to the suspension or abrogation of the Constitution,” he said. Maseko said this was envisaged in section 2(3) of the constitution. This section says any person who by himself or in concert with others by any violent or other unlawful means suspends or overthrows or abrogates this constitution or part of it or attempt to do such or aids and abets in such commits treason. “This court, in collaboration and in an unprecedented conspiracy with the Chief Justice, the DPP, the police, and the government has concerted to suspend the supremacy of the Constitution and the Bill of Rights for egocentric reasons. They have committed the crime of treason,” Maseko roared. observer.org.sz/news/62539-lawyer-thulani-brings-reads-speech-in-court.html
Posted on: Thu, 05 Jun 2014 07:26:19 +0000