MISA-Regional | Statement
July 28 2014
The two-year sentence handed down by the court, has been severely criticised for its severity, and was clearly intended to send a message to those who would engage in future criticism of Swaziland’s judiciary.
MISA Swaziland National Director Vuyisile Hlatshwayo says the judgment “criminalises freedom of expression in Swaziland. This is aptly demonstrated by the scathing tone and language of the presiding judge, Judge Mpendulo Simelane.”
“In his judgment, he makes it loud and clear that the objective of the sentence is to silence like-minded journalists thinking of questioning the conduct of judicial officers. According to this judgment, judges are God’s gift to the Swazi nation who cannot do anything wrong in their administration of justice,” Hlatshwayo said.
The Chairperson of the MISA Regional Governing Council (RGC), Anthony Kasunda, says: “This sentence is a travesty. It is unjust and undeserved and more than that, MISA is gravely concerned that this judgment will undoubtedly instill self-censorship among Swazi journalists who are already operating in an environment where both government and the judiciary do not appear to appreciate that they are acting in service of the Swazi people, and that accountability and openness on their part are a basic requirement to which Swazi citizens are entitled.”
In their articles, the pair had criticised the arrest and detention of government vehicle inspector Bhantshana Gwebu in January this year after he charged the driver of a Supreme Court judge with following an unauthorised route. Judge Simelane argued that writing these articles amounted to interfering with the administration of justice, because the criminal matter was still before court.
MISA maintains Makhubu and Maseko, in their articles, were legitimately practicing their right to free expression and were within these rights to comment on the conduct of the judiciary. Their comments did not warrant the contempt of court charges brought against them.
After being arrested in March this year, Makhubu’s and Maseko’s trial has been marked by procedural irregularities and violations of the pair’s rights, which started with their detention after a closed court hearing on 10 March. They have been unlawfully detained since their arrest and, furthermore, the judge presiding over the case, Judge Simelane, should have been recused due to his personal involvement in the Gwebu case mentioned in the articles.
Maseko and Makhubu’s legal representatives plan to appeal the conviction and sentence, and MISA urges Swazi judicial and political authorities to ensure the appeal is heard and to overturn this unreasonable sentence.
The Regional Governing Council of the Media Institute of Southern Africa condemns, in the strongest terms, this sentence and the increasing repression of the media and free expression in Swaziland. This conviction and sentence is a giant step backwards for the fight for free expression in Swaziland and the southern Africa region.
MISA further urges the Judiciary to respect the rule of law and the human rights of Swazi citizens, to maintain its independence and to refrain from engaging in the misuse of its judicial structures to settle personal scores.
Anthony Kasunda
Chairperson
Regional Governing Council
Media Institute of Southern Africa (MISA)
Modise Maphanyane Chairperson MISA Botswana |
Linda Baumann Chairperson MISA Namibia |
Alexandre Neto Solombe Chairperson MISA Angola |
Tsiu Tsiu Chairperson MISA Lesotho |
Alec Lushaba Chairperson MISA Swaziland |
Raymond Louw Chairperson MISA South Africa |
Mohammed Tibanyendera NGC Member MISA Tanzania |
Njabulo Ncube Chairperson MISA Zimbabwe |
Fernando Gonçalves NGC Member MISA Tanzania |
Anthony Kasunda Chairperson MISA Malawi |
Helen Mwale Chairperson MISA Zambia |
MISA is a non-governmental organisation with members in 11 of the Southern Africa Development Community (SADC) countries. Officially launched in September 1992, MISA focuses primarily on the need to promote free, independent and pluralistic media, as envisaged in the 1991 Windhoek Declaration. MISA seeks ways in which to promote the free flow of information and co-operation between media workers, as a principal means of nurturing democracy and human rights in Africa.
Enquiries
Zoé Titus
MISA Regional Director
Tel: + 264 61 232975
Fax: +264 61 248016
E-mail: zoe@misa.org