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Supreme Court judgement on pro-democracy MPs, a precedent for injustice.

Thursday, 12th May, 2022

Even King Mswati, one of the most illiterate and low-minded Heads of State in the Southern African Development Community(SADC) region could have produced a far better judgement than the injustice precedent delivered by the Supreme Court on Thursday morning.

The pro-democracy Members of Parliament(MPs)bail appeal judgement delivered by the Supreme Court is not only an embarrassment to the entire justice system but a precedent for injustice.

Supreme Court Judge Jacobus Annandale who was allegedly under the influence of his corrupt handler, Chief Justice Bheki Maphalala opted to ignore the constitutional rights of the MPs, only to attack this publication for executing its mandate as the Fourth Estate.

A bail is a constitutional right but in this country, we have seen MPs being denied even the right to appeal, they were forced to file an application demanding their right to appear before the Supreme Court and appeal a judgement delivered by Judge Mummcy Dlamini.

But even before the Supreme Court dismissed the MPs bail appeal, the reluctancy by the Registrar and the Chief Justice to enroll their matter before the Supreme Court and the delay in delivering the judgement was enough in the eyes of the public to conclude that the MPs were being subjected to injustice.

It is important to remind Judge Annadale that even though scandalizing the judiciary might amount to contempt of court and or undermine the integrity of the courts, Judges should not engage in corrupt activities, abuse their powers for political gain, and subsequently accuse journalists of scandalizing the courts when exposed.

The judiciary is not a person but a constitutionally established institution and or an organ of the State entrusted with the fair administration of justice, it is in fact the most powerful institution whose power and administration should be subject to public scrutiny.

Justice is fairness but the politically motivated criminal trial involving the pro-democracy MPs has exposed how the criminal justice system in this country has been manipulated and turned into a political weapon for Mswati to fight those calling for democratic reforms.

As the independent media, we fully understand the doctrine of the separation of powers and that Judges should be allowed to independently preside over cases, however, what is happening in the matter involving the MPs is a clear act of political injustice that we cannot ignore as journalists.

The doctrine of the separation of powers divides the institutions of Government into three arms being the Legislature, Executive and the Judiciary.

The Legislature makes laws, the Executive puts the laws into operation and the Judiciary interprets the laws.It is important to emphasize that the power vested upon Judges, if abused, could manifest into anarchy and undermine peace and stability.

When we expose corrupt Judges,it is always in the public interest and in line with the principles of accountability of public power.

Indeed,one of the fundamental values and principles of public administration is transparency and the judiciary as a public institution entrusted with the administration of justice cannot be immune to criticism.

MPs Bacede Mabuza and Mthandeni Dube were subjected to injustice by Judges at the early stages of their politically motivated criminal case and the independent media cannot keep quiet and watch Judges subjecting representatives of the people to injustice.

Judge Jacobus Annadale was once arrested together with Judge Mpendulo Simelane, as he then was, Registrar of the High Court Fikile Nhlabatsi and then Justice Minister Sibusiso Shongwe.

After they were released on bail, Annadale would spend nights sleeping in a car at Ludzidzini Palace waiting to beg Mswati not to fire him.

Judge Annadale was directed by the Chief Justice to preside over this high profile case because the regime knew that, even if he may wish to be fair and release the MPs,he remains vulnerable and desperate to protect his job as he doesn’t even qualify to be a Supreme Court Judge.

Judge Annandale must never ever again try to use the powers of the courts to attack this publication, we have all the information suggesting that he doesn’t even qualify to be a Supreme Court Judge, he was just appointed to be used on such politically motivated cases.

In conclusion, let me remind Chief Justice Bheki Maphalala and his judicial syndicate that exposing corrupt Judges is not, in any way, yellow journalism, it is meant to promote accountability of public power and act as a deterrence measure against impropriety.

Therefore, let me assure all the corrupt Judges that as the media, we will continue to investigate and expose any Judge suspected of wrongdoing, it is our job and we will execute it accordingly.

Judge Annadale knows how it feels to be arrested and spend a night in jail but he opted to be used like a condom to incarcerate innocent MPs who were arrested merely for demanding democratic reforms, shame on you Judge Annadale and the entire Chief Justice Bheki Maphalala’s corrupt judicial syndicate.

Supreme Court judgement on pro-democracy MPs, a precedent for injustice.
Supreme Court Judge Jacobus Annadale.