Judge Masuku wants job back

MANZINI – Dismissed Judge Thomas Masuku wants his job back and demands compensation for the suffering he allegedly went through after losing his job.

Judge Masuku was dismissed as a High Court judge two years ago, after the Judicial Service Commission had found him guilty of several counts bordering on misconduct. It recommended that His Majesty King Mswati III dismiss him and he was subsequently relieved of his duties.

The African Commission on Human and People’s Rights has accepted a case, filed by the Lawyers for Human Rights Swaziland (LHRS), on behalf of the judge where he is challenging the State for his dismissal.

The case is expected to be heard in the coming months after both parties have filed their papers. Each party has been given two months to file papers.
Judge Masuku was dismissed in September 2011, after he had been charged by Chief Justice Michael Ramodibedi with 12 charges of misdemeanour, including that he had insulted the King in one of his court judgments, among others. He had been charged on June 28, 2011 by Ramodibedi, calling him to show cause why he should not be removed as a judge of the High Court. His case attracted international jurists and they labelled his hearing as a Kangaroo court in that the Chief Justice was a complainant, adjudicator and judge. 

The Lawyers for Human Rights Swaziland, represents the judge in the case, as it is a recognised body before the African Commission. Judge Masuku has applied that the African Commission on Human and People’s Rights should find that the hearing process and his subsequent dismissal as a judge of the High Court violated certain articles of the African Charter.

He further applied that Swaziland should be ordered to unconditionally reinstate him as judge of the High Court and “order the respondent State (Swaziland) to compensate Judge Masuku for the loss he has suffered as a result of the unlawful dismissal.”
In documents in this publication’s possession, the commission found that the Lawyers for Human Rights Swaziland had submitted enough (prima facie) evidence, on behalf of Judge Masuku, to warrant the hearing of the case.

Secretary of the African Commission Dr Mary Maboreke, informed the Lawyers for Human Rights Swaziland that the commission had considered the communication and decided to be seized of it.

“In accordance with Rule 105(1) of the commission’s Rules of Procedure, you are kindly requested to make your arguments on admissibility, within two months of this notification, to enable the commission to proceed with a determination on the admissibility of the communication,” Dr Maboreke said.
On analysis of the application, the African Commission stated that it had found that it contained all the requisites as contained in its Rules of Procedure.

It called upon the Lawyers for Human Rights Swaziland to present evidence and arguments within two months.
LHRS filed the application before the commission on April 11, 2013, against Swaziland, which is a State party to the African Charter on Human and People’s Rights.

The application was considered by the commission during its 14th Extra-ordinary Session held in Kenya between July 20 and 24, 2013. LHRS submitted that Judge Masuku’s removal was unlawful in that he had never been accused of any acts of misconduct and had not faced any sort of disciplinary action since he was appointed as a judge in 1999, aside from his demotion to the Industrial Court in 2003.

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