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MOUNTING CONCERNS OVER CJ DAMAGING

28/06/2024 06:58:00 Editor

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WHEN His Majesty issued the Nkwe Declaration at Sibaya and in the Speech from the Throne, it was borne out of the realisation that urgent action needed to be taken to resolve the myriad of challenges facing emaSwati, which he described as crises. However, the opposite seems to be playing out where this declaration matters most; Lending itself to open defiance.
Lest we forget, the King emphasised urgency when he identified Prime Minister Russell Dlamini as a man with national disaster alleviation experience, where urgency is paramount, having worked at the National Disaster Management Agency (NDMA).

Disasters

The crises referred to as national disasters were unemployment, health, education, corruption, the Judiciary and gender-based violence (GBV). For reasons better known to the current Cabinet, these crises were never officially declared national disasters, but now it is becoming apparent to many that there does not seem to be any intent to quickly resolve the most critical matters. This is despite the fact that the Nkwe declaration was subsequently adopted by the Cabinet in its action plan and the nation promised resolute and timely action on all the critical issues. The Finance minister also presented a ‘Nkwe budget’ that would help get wheels turning for immediate solutions. Upon a cursory glance, the implementation of this resolution falls short in addressing crucial issues, including the arrest of those involved in the drug probe and the complaints against the chief justice (CJ) office. This is where there is deafening silence, kutse nya!

This office, which is a critical State organ, is engulfed in a cloud of controversy. Prior to the complaint laid by the public at Sibaya, a formal complaint had been laid by the Law Society of Eswatini (LSE), accusing the CJ Bheki Maphalala of allegedly engaging in impeachable offences. Issufumia Issufo Calu, the Director of Ncamase Investments (Pty) Ltd., which acquired the Big Tree Shopping Complex in Matsapha, where the Galp filling station is located, amplified these accusations this week in court papers filed in the Supreme Court.

Informed

Without delving into the case’s merits, Calu asserts that the president of the Law Society, Mangaliso Magagula, informed him that the LSE Secretary General relayed to him calls from Judge Mlangeni, who expressed his dissatisfaction with the unbearable working conditions under the CJ and urged the LSE to seek the Justice minister’s intervention. The veracity of these allegations is yet to be tested in court, but one must appreciate what it has taken Lawyer Magagula to bring this to light. The legal body is not only speaking for thousands of citizens, but actually doing something about it.

It gives hope that the Law Society will do likewise in dealing with allegations of corruption among lawyers and fully restore public confidence in this country’s justice system.
To their credit, members of the previous Parliament also stood up to demand action in dealing with complaints under the CJ’s Office, particularly the Master’s Office. Then Sibaya.
It cannot be that so many complaints against one man go without urgent attention, at least to allow him to prove his innocence. Compounding matters for the CJ, no doubt, is the questionable oversight of the Masters Office, which has clearly proven highly incompetent in executing its mandate, given the high number of public complaints. There are so many complaints that the inquiry team has had to limit the number it will entertain, citing time constraints.

Judiciary

The question that remains is: How long does the public have to put up with all the controversy surrounding the Judiciary head without due process being taken to afford him an opportunity to clear his name? The onus is on the Justice Minister, Prince Simelane, to initiate the process of advising the King on the need to authorise the establishment of an ad hoc committee to investigate the CJ. It is the collective responsibility of the entire Cabinet to initiate this long-overdue process. Section 158(3) of our Constitution states that an ad hoc committee advises the king on the need to investigate the CJ. Section 158(10) describes this committee as comprising the justice minister, the chairman of the civil service commission (CSC), and the president of the Law Society.

These three owe the public a statement on what is preventing them from seeking an audience with His Majesty to initiate the investigation against the CJ. This also threatens public trust in the constitution and political will to fight corruption. It goes without saying that any perception of corruption or malpractice within the Judiciary can erode public confidence and undermine the rule of law. The Judiciary serves as a pillar of justice and fairness in society, ensuring the impartial administration of justice. In the eyes of the public, failure to call the CJ to account for his alleged misconduct or transgressions sends a message that the highest-ranking judicial office in the land is above the law and that he has no obligation to uphold the credibility and trustworthiness of the Judiciary.