Magistrate Nduna has removed and banned Beatrice Mtetwa from representing freelance journalist Hopewell Chin’ono and ordered the Prosecutor General to institute contempt of court proceedings against her.
In the past few days the prosecutor had made an application calling for Swaziland-born Mtetwa to step down from the trial because she was using a social media page called Beatrice Mtetwa and the rule of law to post court proceedings.
Mtetwa is accused of contempt due to comments posted on a Facebook page associated with her.
The State prosecutor said that Mtetwa must have taken corrective action against people running the “Beatrice Mtetwa and The Rule of Law” Facebook page, when she realised that they were denigrating the courts.
He further alleged that Mtetwa’s conduct was “unethical and unprofessional” by failing to act on information produced under her name that denigrated the courts.
Mtetwa however submitted that the application to remove her from Chin’ono’s case is sui generis, meaning it has no legal basis, because the prosecutor relied on “obiter” remarks made by a High Court judge.
On justifying the need to further remand Chin’ono to 18 August, Nduna said he did not have “wi-fi at home for the purposes of doing further research” before handing down his ruling on the State’s application to bar Mtetwa from representing Chin’ono.