MISA Swaziland : Magazine, and editor taken to court for criminal contempt

The privately-owned Nation Magazine and its Editor, Bheki Makhubu, have been taken to court by the Attorney General (AG) for criminal contempt of court following an article published by the magazine in November 2009 criticizing judges of the Supreme Court. However the magazine has told MISA-Swaziland that they will defend the case.

In his papers filed at the High Court of Swaziland, the Attorney General alleges that the article, titled “Will the judiciary come to the party?” not only scandalizes the judiciary but also seeks to prejudice and influence the judiciary to adopt a particular attitude in their (future) dealing with fundamental rights cases.

 

“In this respect the article impugns the honour, dignity, authority, independence and impartiality of the judges of the Supreme Court and the High Court by ‘poisoning the fountain of justice before it begins to flow’. The article is as such contemptuous of the courts,” the AG stated.

 

He called on the Nation and Makhubu to show cause why they should not be committed and punished for criminal contempt as a result of the article.

 

The case appeared briefly before High Court Judge, Justice Maphalala on 9 March 2010 who ordered that the respondents appear before the court on 21 April 2010 to show cause why they should not be committed and punished for criminal contempt of court as a result of the said article. The parties to the case were further ordered to submit their heads of argument on or before 15 April 2010.

 

Background

The Nation article criticized the Supreme Court judges following their judgement in a case in which pro-democracy organizations approached the Supreme Court early in 2009 to ask for the judges’ opinion on whether the Swaziland constitution allowed for political parties. The judges, in the majority decision, were dismissive of the question. Only one judge dissented.

 

On 21 December 2009, the AG wrote to the Nation demanding an apology on behalf of the judges. The AG, in his letter, demanded that the magazine should prepare a suitable statement of apology to be approved by the Chief Justice before it is published prominently in the magazine.

 

He warned that in the event the Nation failed to comply he would be at liberty to take them to court for criminal contempt.

 

.......................................................................................................

Reagan Malumo

Programme Officer: Media Freedom Monitoring and Research

Media Institute of Southern Africa (MISA) Regional Secretariat

21 Johann Albrecht St

Private Bag 13386

Windhoek

Namibia

Phone: +264 61 232 975

Fax: +264 61 248 016

Mobile: +264 81 311 2626

Official Email: reagan@misa.org

Private Email: reagan32002@yahoo.com

 

- March 10, 2010 by Reagan Malumo

.................

 

Source: www.misa.org

(received via email Alert 10.03.2010)