LEG IRONS FOR BHEKI MAKHUBU

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’.

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