UN expert expresses grave concern over rule of law crisis

The special rapporteur on the independence of judges and lawyers of the UN Commission on Human Rights, Dato' Param Cumaraswamy, has reiterated his grave concern over the continued deterioration of the rule of law in Swaziland. A statement from the commission said Cumaraswamy cited recent developments such as the protest resignation of the chief justice of the High Court, Stanley Sapire, the effective demotion of Judge Thomas Masuku, and the possible impending deportation of two senior members of the Law Society of Swaziland, including the president Paul Shilubane, for holding dual citizenship. He expressed further dismay over reports that this past weekend members of the Law Society of Swaziland, in an act of protest, decided not to appear in court before any judges recently appointed by the government. "The justice system cannot function in this environment of mistrust," the statement said. Another issue of increasing concern was the continued use of the controversial 1998 Non-Bailable Offences Act, which denies magistrates the discretion to set bail and has led to a crisis of overcrowding in prisons. This situation puts additional strain on a system that is already at a breaking point, the statement added. The special rapporteur welcomed an International Bar Association report on Swaziland released on 2 April, which urged the government to establish a national plan of action to address "serious flaws in the justice system and to implement the urgently needed reforms, including a new draft constitution". In a statement of 4 December 2002, following the resignation of the entire bench of the Swaziland Court of Appeal, Cumaraswamy highlighted his concern that the executive branch of government in Swaziland was exerting undue influence and pressure over judicial independence and impartiality, and the independence of the legal profession. "Swaziland needs today, more than ever, a separation of powers between its executive and judicial branches of government, in order to function as a fully democratic nation," the special rapporteur said at the time.