AG flouts court appearance

Lawyers in Swaziland on Monday said the failure of Attorney-General (AG) Peshaya Dlamini to appear in the Mbabane magistrate's court to face charges of sedition would reflect negatively on the country's judicial system.

"It is still unclear why the AG refused to attend the court hearing and it is a bit presumptuous to assume that it was deliberate. However, if he had chosen to stay away after having received the summons then it does not bode well for the justice system in the country," the chairman of Swaziland's Law Society, Paul Shilubane, told IRIN.

In a landmark case the government brought the charges against Dlamini after he had reportedly twice told three High Court judges to dismiss a case brought by the mother of a girl allegedly abducted to marry King Mswati III.

In an unprecedented legal challenge to the monarchy, Lindiwe Dlamini, the mother of 18-year-old Zena Mahlangu went to court last month to demand that her daughter be returned after palace aides allegedly abducted her from school to become Mswati's 10th wife.

But the mother postponed her court challenge last Tuesday, which effectively put an end to the case.

Following an outcry from local and international rights groups over what they believed was an attempt to undermine the independence of the country's courts, Attorney-General Dlamini submitted a formal apology to the judiciary last week.

But he was issued with a summons from police to appear in court to hear charges of sedition, contempt of court and obstructing the course of justice.

Director of Public Prosecutions Lincoln Ng'arua told Reuters on Monday that despite repeated attempts to serve the summons over the weekend Dlamini had refused to accept it.

Ng'arua said if the AG continued to refuse to accept the summons, one option would be to request a warrant for his arrest.

"An apology to the nation does not take away the power of the authorities to act accordingly. An apology does not absolve one from taking responsibility for one's action. However, the problem is that the judicial system lacks the necessary credibility. It would not be surprising if tomorrow the charges against Dlamini are dropped," Sibusiso Khubeka, a Swazi attorney told IRIN.

Mswati has subsequently denied allegations that he sent Dlamini to intimidate the judges.

Sedition carries a penalty of 20 years in jail or a fine of US $2,000 or both.