SWAZILAND'S JUDICIAL AND LEGAL SYSTEM NEARING CRISIS, URGENT REFORMS REQUIRED, SAYS UN RIGHTS EXPERT

15 April 2003




The Special Rapporteur on the independence of judges and lawyers of the United Nations Commission on Human Rights, Dato' Param Cumaraswamy, reiterates his grave concern over the continued deterioration of the rule of law in Swaziland.
The Special Rapporteur cites such recent developments as the protest resignation of the Chief Justice of the High Court, Stanley Sapire, the effective demotion of Judge Thomas Masuku and the possible impending deportation of two senior members of the Law Society of Swaziland, including the President Paul M. Shilubane, for holding dual citizenship. He expresses further dismay over reports that this past weekend members of the Law Society of Swaziland, in an act of protest, decided not to appear in court before any judges recently appointed by the Government. The justice system cannot function in this environment of mistrust.
Another issue of increasing concern is the continued use of the controversial 1998 Non-Bailable Offences Act, which denies magistrates the discretion to set bail and has led to a crisis of overcrowding in the prison system. This situation puts additional strain on a system that is already at a breaking point.
The Special Rapporteur welcomes the International Bar Association's report on Swaziland released on 2 April urging the Government to establish a national plan of action to address serious flaws in the justice system and to implement the urgently needed reforms, including a new draft constitution. The Special Rapporteur calls upon the Government to take immediate steps to avert an impending crisis.
In a statement of 4 December 2002 in response to the resignation of the entire bench of the Swaziland Court of Appeal, the Special Rapporteur highlighted his concern that the executive branch of government in Swaziland was exerting undue influence and pressure over judicial independence and impartiality and the independence of the legal profession.
"Swaziland needs today, more than ever, a separation of powers between its executive and judicial branches of government in order to function as a fully democratic nation", the Special Rapporteur stated at the time.



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