Times Of Swaziland: LEG IRONS FOR BHEKI MAKHUBU

LEG IRONS FOR BHEKI MAKHUBU
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By Mbongiseni Ndzimandze on 22/03/2014 04:54:00


MBABANE – The Nation Magazine Editor Bheki Makhubu was in leg irons when he
was brought to court for his bail application.
There was also tight security as Makhubu was closely guarded by a contingent of
armed Correctional officers.
The armed officers were deployed in different strategic points at the High
Court.
Makhubu arrived in court at exactly 9am and he was brought in the same van
ferrying the six suspects in the alleged knapping of a Japanese businessman.
Before the arrival of the judge, Makhubu, who looked calm, was seen talking to
his relatives and lawyer Ncamiso Maxwell Manana.
The leg irons were removed from Makhubu immediately he entered the accused dock
and were replaced after the bail hearing.
Support
When he left the courtroom he was in the leg irons and some members of the
public who had come to give him moral support were seen greeting him as he
walked past them to board a van from the Correctional Services.
The van transporting Makhubu was parked at the back of the High Court building
and there were about five armed officers from His Majesty’s Correctional
Services.
When the motor vehicle left the High Court it was escorted by another van with
five armed officers from the correctional facility on board.
Makhubu will spend another week in jail after he was yesterday remanded back to
custody when his application to be released on bail was postponed.
The Nation Magazine Editor is, however, expected back in court on Tuesday with
his co-accused Thulani Maseko for a remand. Maseko has not filed any application
for bail.
The two are charged with contempt of court after they wrote articles in the
Nation Magazine questioning the rationale behind the arrest of Chief Government
Vehicle Inspector, Bhatshana Vincent Gwebu.
Urgency
Makhubu’s bail application, which was filed under a certificate of urgency, is
being opposed by the Director of Public Prosecutions (DPP).
The DPP’s Office, which was represented by Ayanda Matsenjwa, asked for a
postponement of the matter in order to file papers outlining the reasons for
opposing Makhubu’s application.
The bail application has been postponed to March 28, 2014 by High Court Judge
Mpendulo Simelane.
The matter will before Judge Simelane who yesterday set the time frame for
filing of papers by both parties.
“The accused is remanded back to custody until March 28, 2014 which will be
the day of hearing his bail application before this court,” he said.
In his bail application Makhubu stated that he would plead not guilty to the
charges of contempt of court preferred against him.
In his bail application he stated that on March 17, 2014 while from a business
trip out of the country, he received a message from his wife that police
officers had come to his residence looking for him.
“Indeed on the stated time, I proceeded to the police station on March 18,
2014 where I was charged with the crime of contempt of court. When the charges
are put to me I shall plead not guilty of same in as much as I never
intentionally or otherwise scandalised the court in the article that appeared in
the magazine,” he stated.
Appeal
He also submitted that he was once convicted for contempt of court by the High
Court and he noted an appeal against both conviction and sentence.
Makhubu also undertook to abide by all bail conditions that the courts would put
in place for his release. He informed the court that his wife was sickly and was
due to appear before a doctor at the Manzini Clinic who was to refer her to a
specialist in the Republic of South Africa.
His arrest comes after the Chief Justice Michael Ramodibedi issued a warrant of
apprehension against him and Maseko on Monday.
The accused are currently kept at the Sidwashini Correctional facility pending
their next court appearance.
In the first count, it is alleged that during the month of February 2014 at or
near Mbabane each and or all of them, acting in furtherance of a common purpose,
did unlawfully and intentionally violate and undermine the dignity, repute and
authority of the High Court of Swaziland.
They are alleged to have issued and published malicious and contemptuous
statements about the case of the State against Gwebu High Court Case No.
25/2014, a criminal matter currently pending before the High Court.
In the charge sheet it is alleged that the two compared the judicial officer who
issued the warrant against Gwebu to Caiphus who led Jesus to his killers,
alleged that the judicial officer ‘massaged’ the law to suit his own agenda,
alleged that the judicial officer collaborated with ‘willing servants’ to
break the law and that they falsely alleged that Gwebu was denied legal
representation.
Unlawfully
In the second count they are alleged to have, during the month of March 2014,
unlawfully and intentionally undermined the repute and authority of the High
Court of Swaziland in that they issued and published malicious and contemptuous
statements about the case of King against Gwebu.
This time they are alleged to have stated that the arrest of Gwebu was a
demonstration of ‘corrupt’ abuse of authority and lacking in moral authority
or was a ‘demonstration of moral bankruptcy’, that the proceedings against
Gwebu are a ‘travesty of justice’ and that the proceedings against Gwebu
were aimed at settling personal scores and that the idea behind these
proceedings was to ensure that he was ‘dealt with’.