Justice Thomas S. Masuku v. The Kingdom of Swaziland (Communication 444 of 2013) [2021] ACHPR 518 (19 July 2021)

Justice Thomas S. Masuku v. The Kingdom of Swaziland (Communication 444 of 2013) [2021] ACHPR 518 (19 July 2021)

The Commission found that the JSC disciplinary proceedings violated the applicant's right to a fair trial under Article 7 due to lack of impartiality (the Chief Justice chaired proceedings where he was a complainant), denial of a public hearing, and interference with judicial independence under Article 26 by disciplining the applicant for language used in a judgment. These violations also constituted a breach of Article 1 of the Charter.

Citation
[2021] ACHPR 518
Parties
Applicant/victim: Justice Thomas S. Masuku; Respondent State: The Kingdom of Swaziland (Eswatini)
Court
African Commission on Human and Peoples Rights
Jurisdiction
Ghana
Judgment Date
19 July 2021
Case Number
Communication 444 of 2013
Procedural Posture
Human Rights Communication (african Commission) / Merits Determination After Admissibility, Relisting After Strike Out
Outcome
Violation found; recommendations issued
Legal Topics
Judicial Independence, Right to Fair Trial, Due Process, Separation of Powers, Disciplinary Proceedings, Access to Justice
Source Language
English
Human Rights Law Constitutional Law Administrative Law Judicial Independence Right to Fair Trial Due Process Separation of Powers Disciplinary Proceedings +1 more

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Parties

Justice Thomas S. Masuku

Applicant/victim

The Kingdom of Swaziland (Eswatini)

Respondent State

Procedural Posture

Human Rights Communication (african Commission) / Merits Determination After Admissibility, Relisting After Strike Out

Legal Issues

  1. 1 Whether the removal of Justice Masuku violated Articles 1, 7, and 26 of the African Charter on Human and Peoples' Rights
  2. 2 Whether the disciplinary proceedings before the Judicial Service Commission (JSC) were impartial and fair
  3. 3 Whether the denial of a public hearing and the Chief Justice's refusal to recuse himself violated fair trial rights

Ratio Decidendi

The Commission found that the JSC disciplinary proceedings violated the applicant's right to a fair trial under Article 7 due to lack of impartiality (the Chief Justice chaired proceedings where he was a complainant), denial of a public hearing, and interference with judicial independence under Article 26 by disciplining the applicant for language used in a judgment. These violations also constituted a breach of Article 1 of the Charter.

Court Disposition

Violation found; recommendations issued

Orders

  • The Government of Eswatini is urged to compensate the applicant a fair and equitable amount for the violation of his right to a fair trial.
  • The Government of Eswatini is urged to request the Judicial Service Commission to review the charges laid against the applicant.