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‘OFFICIALS SHOULD APPLY THE LAW WITH RESPECT’

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LOBAMBA – Minister of Justice and Constitutional Affairs Sibusiso Shongwe said officials with power to apply the law on people, like Bhantshana Gwebu, should do so with respect.


He said such people should not be overly enthusiastic in effecting the law, but must exercise extreme caution. 
Shongwe was addressing the ministry’s parliamentary Portfolio Committee in Senate yesterday when it quizzed him on Gwebu’s incarceration after he had arrested and charged Judge Esther Ota’s driver for alleged abuse of a government vehicle. The judge was in the car when Gwebu did this. Gwebu languished in jail for nine days until he paid his bail. The case is still pending at the High Court.


The minister stressed that the dignity and reputation of the courts needed to be upheld at all times.
“Contempt of court comes in various ways. Judges are not supposed to be disturbed whether in or out of court. If an act is regarded as contemptuous the court finds a way of dealing with you,” he explained as Members of Parliament (MPs) listened silently.
He went on to say that if the offence was minor; the law enforcer should not go overboard with the power that they wielded.
“With power comes responsibility,” continued Shongwe.


The minister preferred not to speak more on Gwebu’s issue because it was still pending in court. He, however, was grateful that he finally had a chance to talk about it after other Cabinet ministers had been challenged to clarify it.


Early this week, MPs expressed concern that Gwebu spent time in jail even though he was doing his job without fear or favour.
Some castigated government for not coming to his defence and paying his bail of E15 000. Other MPs said government should issue a list of untouchables when it came to the law.   


Chief Justice Michael Ramodibedi, a day after Gwebu had charged Judge Ota’s driver, Vusi Tsela, issued a warrant for his arrest.


Gwebu had slapped Tsela with two charges; using a government vehicle for any purpose other than that authorised without a written authority of a proper officer, and that of using a government vehicle on a weekend (Saturday).
Gwebu said he had found the government vehicle parked outside Sifundzani Primary School.

Comments (4 posted):

Lucky Mamba on 07/03/2014 07:46:14
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I don't think the explanation by the minister holds water in this case, does he mean that some government vehicles doesn't require authority? Then it would be proper that a list of the protected species be issued, otherwise the country is heading back to crisis. Taking into account that more than 1000 abuse cases were reported last year (MPWT 2013/14), this should be saying something to someone, furthermore, the MPWT should also estimate the loss to government due to the abuse of government vehicles.
Ntjolo on 07/03/2014 08:10:02
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Minister is still implying that people on higher positions should abuse governments' assets without luswati! Gwebu and his crew should stop working then, why bother if the people who are supposed to be examplery are abusing their power? Somthing tells me the Minister himself will do the same in the name of power.
sting on 07/03/2014 11:34:42
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awuvakali kutsi utsini yeminister,nevertheless we are expecting the worse under your reign.Just tell us if judges are above the law or not!
Ntombi on 07/03/2014 12:19:05
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I thought we were all supposed to be equal under the law. If laws must be implemented with respect this must apply to everybody regardless of status. Unless some people are more equal than others under the law? Why should our laws have big eyes?

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