Rule-of-law crisis ends as judges return to bench

Swaziland's appeal court judges resumed work on Wednesday, ending a two-year hiatus created by their en masse resignation in protest over the government's refusal to abide by their judgements. Registrar of the court Shiyumhlaba Dlamini told IRIN the judges' return to work followed an assurance that the government would adhere to court decisions. The six justices resigned in November 2002 amid a chorus of concern from key donors and international human rights groups after former Prime Minister Sibusiso Dlamini said the government would not recognise two court judgements challenging King Mswati III's right to rule by decree. Dlamini alleged the rulings had been influenced by external forces. Prison officials refused to release suspects charged with offences that fell under the Non-Bailable Offences Order, despite an Appeal Court ruling in 2002 that the "non-bailable" law was invalid. The authorities also continued to prevent the communities of Chief Mliba Fakhudze and Chief Mtfuso II from returning to their homes in rural Swaziland, even though the high court had decided in their favour. However, the frosty relations between the judiciary and the government appeared to thaw earlier this year after newly appointed Prime Minister Themba Dlamini publicly asserted the importance of upholding the rule of law. The new prime minister's spokesman, Mbongeni Simelane, noted: "After months of negotiations there was a break-through, but this has a lot to do with the prime minister's insistence that the decisions of the courts should be respected." The justices had about 36 pending cases to preside over in the next three weeks, said registrar Shiyumhlaba Dlamini. But while the return of the judges was expected to ease the backlog of cases and allay the concerns of investors over the "rule of law" crisis, the country's Law Society remained less convinced. Paul Shilubane, a council member of Swaziland's Law Society, said the conditions on which the judges had agreed to resume their duties were still "unclear". "The issue over the two evicted communities has not yet been resolved, so one would hope that they have not been sacrificed to have the judges return to work. Until there is absolute clarity over a number of issues, it is still too soon to say whether, in fact, the judicial system is back on track," Shilubane commented. The Law Society has said Mswati's legislative powers compromised the rule of law in Swaziland, as he could hire and fire judges at will.