South Africa’s two top judges on Tuesday slammed the Swazi government for failing to respect the rule of law.
”The decision of the government of Swaziland to ignore the judgments of its highest court is in effect a declaration that the government of that country does not respect the role of the courts and the judiciary and does not consider itself to be bound by the law,” Chief Justice Arthur Chaskalson and his deputy Pius Langa said in a joint statement.
”When that happens courts are not able to discharge their duties of upholding the law without fear or favour. Citizens are no longer protected by the law and there is a grave risk of lawlessness and arbitrary action,” they warned.
Chaskalson and Langa said the recent conduct of the government of Swaziland left the country’s six judges of appeal with no choice other than to resign.
”Unless appropriate action is taken urgently to correct what has been done, other judges and magistrates will be placed in an impossible position in which their authority and independence will be questioned,” they cautioned.
The six judges, all South African, resigned on Saturday after Swazi Prime Minister Sibusiso Dlamini announced he would ignore rulings that limited the power of King Mswati III, Africa’s last ”absolute” monarch.
”The statement that the government of Swaziland does not intend to recognise two judgements of the Court of Appeal is intolerable,” presiding Judge Charles Leon said in comments released to the media on Saturday.
The rulings had found that Mswati had no constitutional power to override his Parliament or rule by decree. – Sapa