The Judiciary in this country is fast becoming a Spaza shop just like the captured media, judgments that do not favour the Government are systematically defied through consistent reviews.
But before I blame the ruling Tinkhundla undemocratic system of Governance, let me hasten to state or highlight that, the regime has what is known as “enablers” being individuals who surrendered themselves to do the ‘dirty work’ on its behalf.
Indeed, Tinkhundla is not a human being with a “chief code” or identification documents but, an undemocratic regime that needs “enablers” so that it’s political machinery could function smoothly and, effectively.
Chief Justice Bheki Maphalala recently addressed the Annual Judicial Conference in Rwanda where he expressed serious concerns that, the Judiciary is not respected in African countries.
Perhaps, the Chief Justice was literally afraid to single-out eSwatini and opted to generalize, this is a Judge who wants his judgments to be taken seriously.
The CJ is currently under political pressure to reverse a judgement awarding junior police officers a salary increment under Phase two(2) and worth-noting, in that judgement, Chief Justice Bheki Maphalala tried to systematically explain to the Tinkhundla regime that, the judgement was in the interest of state security.
But unfortunately, his explanation fell on deaf ears, the regime is now after him and even if can survive the current political storm, he will be expected to behave and be an unapologetic defender of the Tinkhundla regime.
The Chief Justice is literally under pressure to resign, in the eyes of the regime Maphalala is a used “political condom” that belongs to the dustbin and, the regime now wants fresh ‘durex condoms’.
In politics, ‘political condoms’ are often changed to renew strength and inspire public confidence as the masses are easily tricked, by the appointment or introduction of new faces hoping things will change.
Well, in my career as a journalist I once had an opportunity to be invited for lunch in Mbabane by Judge Thomas Masuku, one of the most respected Judges in eSwatini and the entire continent.
About fifteen(15) years ago, I asked Judge Masuku to advise me what I must do in order to become a respected and credible journalist and, this is what he said;
“Being a journalist is almost similar to being a Judge.You are the ‘Judge’ in the court of public opinion, people conclude that some individuals are corrupt or credible based on the information you provide to them.Therefore, you must remain independent, fair and impartial at all times and avoid being captured”.
Judge Masuku who was being persecuted by the Tinkhundla regime at the time, stood firmly and was later appointed the Judge in the High Court of Namibia.
When we speak about judicial independence in eSwatini, the names of Judges Thomas Masuku and Qinisile Mabuza automatically appear in our minds.
Of course, we had other independent minded Judges but most of them were foreigners and a few emaSwati, then Chief Justice Judge Stantly Sapire, Judge Josiah Matsebula and Judge Kenneth Nkambule were among those respected Judges.
The late President of the People’s United Democratic Movement(PUDEMO) was acquitted by Judge Josiah Matsebula and at the time, the Judiciary was credible but working under extreme pressure from the Tinkhundla undemocratic regime.
But now, in eSwatini we have Judges and journalists who allowed the Tinkhundla system to use them and they lost credibility in the process.
The Chief Justice who is now complaining that, court judgments are not respected is one of the Tinkhundla enablers and an alleged corrupt thief who abused judicial powers for personal gain.
Just like the media’s power of influence, judicial power must be exercised responsibly, subject to accountability and, in the public interest.
Power that is exercised without fair and independent regulatory institutions or systems, is likely to be abused.
It is therefore, absurd to engage in corruption with impunity as a Judge and then expect the society to respect your judgements, even the Tinkhundla regime that used you to manipulate the law, will not respect your court orders.
I sometimes read nonsensical judgements issued by some eSwatini Judges and asked myself what was actually ringing inside the heads of these captured and corrupt Judges?.
One judgement in particular, is that of Judge Mumcy Dlamini who convicted pro-democracy Members of Parliament(MPs) Mduduzi Bacede Mabuza and Mthandeni Dube acting on alleged instructions from King Mswati.
Judge Mumcy Dlamini will, one day complain that, the Government is not respecting court judgements, there’s no way Tinkhundla could respect judgements issued by Judges who were long captured.
It should be noted that, once you surrender your credibility to the Tinkhundla regime, then you must know that, you have lost respect and credibility in the eyes of the people, this is an undemocratic and illegitimate Government and anyone who associates and endorse it, will be swimming against the tide when demanding respect.
Even in the media, we have editors like Mbongeni Mbingo who were once powerful and influential, international media reports including a report compiled by the Media Institute for Southern Africa(MISA) suggest that Mbingo was once persecuted for publishing critical articles against the regime but, due to political pressure, he subsequently surrendered his credibility to Tinkhundla and was captured.
But despite the fact that, Mbingo was subsequently captured, he still demands respect as if he is an independent journalist.
Independent journalism worldwide, cannot be practiced in comfort zones particularly in autocratic regimes, you suffer and be persecuted for being an independent journalist.
The Judiciary and the media in eSwatini was long captured and it was Judges and editors who allowed this to happen.
Judge Thomas Masuku(pic: supplied).