Times Of Swaziland: I'm not going to jail -Makhubu

I'm not going to jail -Makhubu
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MAQHAWE NXUMALO on 24/04/2013 00:00:00


MBABANE – The Nation magazine Editor, Bheki Makhubu, will not be going to jail
for two years.
This was gathered during a wide ranging interview with him on Monday afternoon.
Makhubu said he was working around the clock to raise the money to pay the fine
should it eventually be necessary to pay it.
The editor of the monthly magazine was last week found guilty of contempt in
that he ‘scandalised the courts’ in two articles published in 2009 and 2010.
High Court Judge Bheki Maphalala sentenced both Makhubu and the publication to a
fine of E200 000 each. He then suspended half the sentence for a period of five
years.
He, however, ordered that Makhu-bu and The Nation Magazine pay the fine within a
period of three days, failing which Makhubu would be committed to prison for two
years.
The three days expired yesterday but on Monday afternoon Makhubu noted an appeal
against the judgment.
This has stayed the whole process pending the determination of the Supreme Court
on the matter.
"I don’t know where we would be if it had not been for the support of the
people who have pledged that they will pay the fine. If not for these people,
the intention of such an impossible fine would have been realised," he said,
when asked whether the money to pay the fine was available.
Makhubu said, in his opinion, the intention of the sentence was to destroy him
and possibly shut down the publication.
"You cannot ask for that kind of money when I am so small in business and give
me the time frame they gave me. Like I said, this is retributive justice. It is
as good as going and hanging me. In the old days they used to have public
hangings, to me that is what this is – burning us at the stake," he said.
Makhubu said he was not referring to the principle of law when speaking on the
issue of retributive justice but he was looking at it purely from the financial
perspective.
"In such situations there is an alternative, you can come up with punishment
that is not retributive but corrective. You cannot say you are punishing someone
when you are creating an impossible position for him. Your intention is clear;
to destroy," he said.
Makhubu backs Constitution
MBABANE – Even though Bheki Makhubu lost his contempt of court case, he
believes in the constitution of Swaziland that his advocate made the better
submission on constitutional law before the court.
Makhubu was represented by Advocate Gilbert Marcus who was instructed by Bob
Sigwane while Attorney General Majahenkhaba Dlamini had charged him on behalf of
the Crown.
He said even though Advocate Marcus made a ‘brilliant’ submission he did not
expect to win the case.
"Going into court, I did not think I would win even though I listened to Gilbert
Marcus over a period of two days in a submission of three and a half hours where
he submitted one of the most brilliant arguments on constitutional law I have
ever heard.
"I was blown out of my mind. Even though I lost I know this much; that even the
Attorney General heard him and everyone who was in that court room heard him
talk about what constitutionalism is in any society," Makhubu said.
He said Advocate Marcus praised the Swazi Constitution for clearly outlining the
rights of all citizens.
"Marcus said our Constitution sits side by side with the best in the world. The
difference between the American, Canadian and German constitutions is that those
have assumptions.
"Those assumptions, which have become part of the law in the western world, are
actually written down in the Swazi Constitution so they are not left to doubt;
they are not left to interpretation," Makhubu said.
He said while the rights may be written down they may be inconvenient to some
people. "The Constitution actually takes this country to First World status,"
Makhubu said.
‘... taxpayers contribute little to economy to be recognised’
MBABANE – Bheki Makhubu feels that the government does not recognise the
people it is supposed to serve because the taxpayers contribute so little to the
economy.
He said he believes that government does not take the wishes and concerns of the
public into consideration because it tells itself that the people contribute so
little to the economy to have a say in how this country is run.
"These days Minister Majozi Sithole is talking of a windfall from the Southern
African Customs Union which has revived the economy. This money has not been
made in Swaziland and we all know that money talks. The people, therefore, have
no say on how this money is spent because they had nothing to do with how this
money came about. When you talk about taxpayers in Swaziland, it’s more a
ceremonial thing," Makhubu said.
He said, in his opinion, the survival of this country does not depend on its
citizens so those in positions tend to ignore them. Makhubu said the reason
taxpayers contribute so little to the economy was that there were not that many
local entrepreneurs to contribute to the economy.
He said there were barriers which prevented local entrepreneurs from thriving.
‘King’s dream will be hard to achieve’
MBABANE – The Editor of The Nation Magazine, Bheki Makhubu, believes it will
be hard for the nation to realise the King’s vision of attaining First World
status because there are institutional barriers which stifle creativity.
Makhubu was, however, quick to state that the vision itself is fine but he said
there are structures below the monarchy which hinder its realisation.
He said for the country to achieve First World status it needed innovation and
innovation needed creativity.
"I do not know if Swaziland allows for creative thinking for the average Swazi
to come up with ideas because here your idea only goes as far as the person in
authority understands it. If he doesn’t understand it, he will kill your
idea," Makhubu said.
He said the types of ideas which can propel a country into the First World need
a mind that is without limitations in thinking, something he said was lacking in
Swaziland.
"What I find here is that it is not your ability to think that counts but people
in authority only allow it so far. They are quick to think of who might be
offended by your idea. Who might be uncomfortable with your idea? The receiver
of the information, the key to unlocking your potential, instead of taking your
idea and selling it to the right people, says ‘stop what you are doing because
certain people might be offended, he doesn’t even check if that person really
will be offended but he just assumes it," Makhubu said.
He said even in business it is hard to get support as indigenous business people
because people are afraid that they might face unpleasant consequences for
supporting you.
... he escaped similar charges before
MBABANE – Bheki Makhubu’s recent troubles with the law over his writings are
not the first.
He has been charged before after the publication of his work. In 1999 The Nation
magazine editor was arrested and charged with criminal defamation. Details of
the alleged criminal defamation cannot be repeated.
In an interview, Makhubu said he spent a night in police custody and was
released on bail the following day.
He was charged by the then Director of Public Prosecutions Lincoln Ngarua.
"Criminal defamation was a crime which existed in law but nobody knew about it.
Even Ngarua had to go and dig deep to find it but I was never prosecuted because
the matter was eventually struck off the roll," Makhubu said.
He said the matter was before then Magistrate Lorraine Hlophe who is now the
Registrar of the Supreme Court and Secretary of the Judicial Service Commission.
Makhubu said the matter was struck off after the prosecution failed to show up
to prosecute him.
He speculated that they may have abandoned the prosecution because a case of
criminal defamation would have required the person allegedly defamed to come to
court to state how the alleged defamation had damaged his character and
reputation.
‘Media not here to sing govt praises’
MBABANE – It should be clear to all that it is not the role of the media to
sing government’s praises The Nation Magazine Editor Bheki Makhubu has said.
He said governments, by their very nature anywhere, when left alone, tend to
abuse power so it is the duty of the media to always keep a close eye on them.
Makhubu said people can only express their opinion on leadership once every five
years and in the intervening period it was the function of the media to reflect
and to keep the leadership accountable and to inform the public about what the
people they voted for are doing for or against them.
"It is not the function of the media to sing praises of government. It is not
there for that. It is there to check if they are delivering because governments,
by their very nature, whether you are in First World countries from America,
Canada, Germany to Australia or even South Africa, governments when left alone
abuse power. It is human nature," Makhubu said.
He said in Swaziland some Cabinet ministers do not think that they are
accountable to the people just because they were appointed into their positions
and not elected.
Makhubu said this is usually the type of politician who takes offence when the
media starts asking questions.
He said these politicians do not recognise the people and, therefore, they do
not understand when the media says it is writing to keep the people informed.
"They ask you what business the people have with whatever they are doing and
they say as the media siyaphapha (we are forward) for wanting to report about
them as politicians," Makhubu said.
The Government Press Secretary, Percy Simelane, refused to comment on
Makhubu’s observations.
"We elect not to entertain this perception. We expect journalists to know better
how parliamentarians are elected and how some of them become ministers,"
Simelane said.
‘Sentence won’t change our reporting’
MBABANE – The Nation Magazine Editor, Bheki Makhubu, said he will not cower
after the huge fine that was imposed on him and his publication last week.
Makhubu said the fine will have an effect on the publication as a small business
but they would not stop practising the type of journalism they have been
publishing over the years.
He conceded that his creativity as a journalist would now be affected by the
‘moods of those who have got more authority than me’.
"I would not say people will now see a different Bheki Ma-khubu because I am
well aware of where I am but I am also aware of the Constitution and I believe
in the Swazi Constitution. I believe in human nature’s inalienable right to
the pursuit of happiness," he said.
Makhubu said he, however, would not pretend not to be aware of the environment
he lives in.
"I am not into guns, activism and regime change. I write about people who stand
in our way as ordinary people. All I say is don’t stand in my way and I will
continue to say this because I don’t want to live my life according to your
moods just because you have authority," Makhubu said.
I’m no hero, says editor
MBABANE – The editor of The Nation Magazine does not consider himself a hero.
Following his conviction and sentencing last week, some bloggers and online
publications have described Bheki Makhubu as ‘the last true independent
journalist in Swaziland’ and they have described The Nation Magazine as
‘Swaziland’s last remaining source of independent journalism’.
In the wide ranging interview conducted in his office at Mbabane House on Monday
afternoon, Makhubu said he was no hero.
"People will praise you, people will condemn you and that is life. The question
is, is what I am doing right? I think it is, I really think it is but I am not
trying to be a hero. Yes, people might respect you and it is nice to be
respected, every human being wants to be respected – actually that is why I am
in trouble because even the people who are doing this to me also want respect,"
he said.
Makhubu said, however, respect can be acquired in various ways. He said one can
force people to respect him or one can earn people’s respect.
"I don’t feel like a hero but like every other human being, I would like to be
respected for the contribution I make to society but I don’t need anyone to
wash my feet. It really is not about being a hero, I just don’t like my fate
to be decided by the moods of another person. If I fail at something, I want to
fail on my own," he said.
‘Family traumatised’
MBABANE – Bheki Makhubu said the news of his E200 000 sentence has traumatised
his family.
Makhubu, who hails from Luyengo, said he had to go home last weekend to calm the
elders of his family who were really worried about him. "After hearing news of
the sentence, my aunts nabo babe did not sleep. They were praying. These things
are always traumatic for old people and obviously for my immediate family as
well," he said.
Makhubu said he was grateful for the overwhelming support from people from all
over the world. "One American professor of Constitutional Law, I met in Cape
Town asked me to send him the judgment because he did not understand how
‘these things work in Africa’. There has been huge interest in the matter,"
he said.
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COMMENTS:
- Well, a mouth full. Reading commentry/writing  from Bheki is always
intriguing. Has this man ever been asked if he was a  Swazi because a small
fraction of Swazis behave like him. Swazis know  him as unconforming and radical
a thing not so common even to the  educated segment of our population.
April 24, 2013, 5:18 am, Gcinabakhe