That infamous November 28, 2002 statement 03/08/2014 03:00:00 By Welcome Dlamini image The late Prince maguga. Government wishes to express its disappointment at the recent judgments of the Court of Appeal in respect of Decree No. 3 of 2001, and the contempt of court case against the police. The effect of the court of appeal judgments would be to strip the King of some of his powers and government is not prepared to sit idle and allow judges to take from the King powers which were granted to him by the Swazi nation. immemorial Contrary to what has been said to one of the two judgments, the Court of Appeal is, in effect, emasculating the legitimate authority of the King – and authority which has been accorded to Swazi Kings since time immemorial. A Decree in the Kingdom of Swaziland is, by definition, neither debatable nor negotiable. The judges of the Court of Appeal themselves have not acted in accordance with our domestic law when saying that Decrees are null and void. Their judgment, in fact, challenges their own appointment, itself made under Decree. Furthermore, government takes the view that the judgments are not in the interest of the country and, in particular, that measures such as the removal of the non-bailable offences legislation, and the return of the people of Macetsheni and KaMakhweli, would lead to chaos and anarchy. Regarding the 1973 King’s Proclamation to the Nation, it is government’s view that no judge can question the decision of King Sobhuza II, made nearly 30 years ago – a decision with which the Swazi Nation has been satisfied over a very long period of time. Decisions such as that should not be questioned in the courts. disparaging Furthermore, the Court of Appeal judges made certain disparaging remarks about King Sobhuza II. Government rejects this and wishes to state that Swazis themselves will renounce any attempt to rewrite Swazi history in this respect. It is government’s belief that the judges of the Court of Appeal have been influenced by forces outside our system and that they have not acted independently. Whilst government deplores these judges of the Court of Appeal, it recognises that judges are human and, subject to error. In summary, therefore, government does not intend to recognise the two judgments of the Court of Appeal. The laws of this country will remain as they are – in other words, as if the judgments of the Court of Appeal judges, in these respects, were not effective. It, therefore, needs to be emphasised that the non-bailable offences legislation remains in force. There will be no release of individuals detained in prison for an offence to which that legislation relates. duly The appropriate government agencies have been duly informed and have been instructed to ignore the Court of Appeal ruling. Similarly, government does not accept the judgments of the Court of Appeal in respect of the action of the Police Commissioner and his officers, who acted in accordance with Swazi law and custom. The nation shall not allow a situation of lawlessness that could definitely lead to bloodshed if the evicted persons were to be allowed to return to the area concerned. Therefore, the judgment in this regard will not be obeyed. The government agencies responsible for implementing the Court of Appeal judgment have, therefore, been instructed not to comply with it. This statement should not be viewed as interference with, or contempt of court for, the rule of law. It should be acknowledged that we are currently in a transitional stage and government’s position on the above issues will be addressed in the new constitution which the Swazi nation now eagerly awaits. decrees The non-bailable legislation was introduced by His Majesty the King, responding to the clear wishes of the Swazi nation, as has been the case with the other decrees. It is known that His Majesty is currently in seclusion and his wisdom is greatly needed in addressing the situation that has risen. Therefore, we are all expected to, in the meantime, respect the culture and custom and its regard for peace, tranquillity and security during this period while we await His Majesty’s direction. observer.org.sz/news/64629-that-infamous-november-28-2002-statement.html
Posted on: Sun, 03 Aug 2014 10:21:55 +0000
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