Besides the terrible reasoning in many of the Supreme Court of Swaziland judgments from its last session (May 2010) and the fact that government was successful in all its cases, one of the most surprising elements was the amazing speed at which the court heard, decided and PUBLISHED its cases. The session ran for about four weeks and heard around about 20 cases. The Supreme Court released its judgments on the final day, May 28. Any self-respecting lawyer would know that such a quick turnaround of judgments is simply not possible. And the quality of the judgments attests to this fact.
Now as if more proof were needed, it has emerged that while one critical judgments was actually decided one way, the order went the other (HERE). That is, the court reasoned the judgment in favour of the applicant, but actually made the order in favour of the defendant! To add specific injury to generalized insult, the mistake cost the applicant a cool E5 million (about US$800,000)! Add lawyers fees on that and you’re looking at some serious damage.
These judges not only ought to be shamed but seriously should be brought to book for wasting taxpayers money. I don’t know whether there is some sort of international crime for which they could be charged? I’m not joking – their cavalier attitude to their duties is not some sort of excusable mishap, it’s an endemic, institutionalized plunder of a poor country.
Let me put this in perspective: these judges are extraordinarily (unbelievably) well paid and looked after – they are not Swazis but are employed by the state from overseas. They are catered for deliciously from the time they are jetted in until they jet out again back to their homelands. To think that they would be able to write 20 judgments in so few days demonstrates a breathtaking contempt for their task and for the people they have been paid to serve.
If anyone knows how such a prosecution could be undertaken, please let me know.
In the meantime, short of that, I will name these conceited clowns:
(1) Chief Justice Michael Ramodibedi (Lesotho) – who has, according to the word in chambers, been doing a terrible job (for an article related to which, click HERE) trying to run the courts from out of the country. The judiciary is fracturing over his lack of leadership (HERE) although he has just been given the thumbs up by government (HERE).
(2) Judge Dr Seth Twum (Ghana)
(3) Judge Ian Farlam (South Africa)
If you know them, please tell them you are ashamed of what they are doing.
But what can be done to stop this sort of practice? Well using judges from overseas on the Supreme Court must cease forthwith. The Constitution actually requires that this happen in 2012 (at s 157(1)). This should be a great help. There are plenty of talented Swazi lawyers and it is likely they will take more care. Overseas judges such as those from the Commonwealth should only be used to get rid of the backlog – and should only be working at the High Court level.
