Times Of Swaziland: A SERIOUS BLEMISH ON OUR JUDICIARY

A SERIOUS BLEMISH ON OUR JUDICIARY
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The Editor on 27/04/2021 08:18:00


The re-arrest of a rape suspect at the home of High Court Judge Sipho Nkosi
yesterday morning will do very little to erase the blemish that has been smeared
on the Judiciary by the judge who took it upon himself to influence police
officers and a principal magistrate to not only release the suspect into his
custody, but have his charges amended to a lesser offence; an act which has left
the legal fraternity and the public at large, flabbergasted.
While not unusual for people to visit police stations to request release of
their relatives on their own recognisance, it is highly unusual for the police
to agree, especially given the seriousness of the offence. One could easily draw
the inference that the police were influenced by the stature of the person
before them;so was the magistrate, despite the judge claiming not to have acted
in his personal capacity when he addressed the court. It has taken the
intervention of the Director of Public Prosecutions (DPP),  Phila Dlamini,to get
the suspect back in custody after being granted an order by the High Court
setting aside the ruling by Principal Magistrate Phathaphata Mdluli.
In his application, the DPP described Mdluli’s action as a pertinent
procedural irregularity as he (Mdluli) usurped the powers of the High Court of
reviewing subordinate courts by overturning an order made by Magistrate Sibonelo
Dlamini to remand the suspect in custody. By all accounts, this unprecedented
episode has revealed conduct that is viewed as improper and not befitting of a
judge and principal magistrate. There is a suggestion that it may amount to
obstruction and or defeating the ends of justice. This is why we call upon the
Judicial Service Commission (JSC) to vigorously investigate and make public its
findings expeditiously, to assist settle the bemused minds of the public who are
now more than likely to believe that our Judiciary is, indeed, open to abuse of
power by those entrusted with the responsibility to jealously guard its
sanctuary.