Times Of Swaziland: JUDGE SIPHO NKOSI SUSPENDED

JUDGE SIPHO NKOSI SUSPENDED
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BY MBONGISENI NDZIMANDZE AND KWANELE DLAMINI on 19/08/2021 08:44:00


MBABANE - Following many run-ins with the Judicial Service Commission (JSC),
High Court Judge Sipho Nkosi has been suspended from work.
Judge Nkosi was suspended last Friday by His Majesty King Mswati III, in terms
of Section 158 of the Constitution through Legal Notice No.241 of 2021. “In
exercise of powers vested in me in terms of Section 158 of the Constitution of
Eswatini Act No.5, 2005, I Mswati III, King and Ingwenyama of Eswatini suspend
Justice Sipho Anthony Nkosi from being a judge of the High Court of Eswatini
with immediate effect,” reads part of the legal notice which was signed by the
King at Lozithehlezi on August 12, 2021. Section 158 (6) provides that; “Where
the question of removal has been referred to the commission, the King may
suspend from office the chief justice or other justice as the case may be, for
the duration of the enquiry.”
Impeached
Judge Nkosi is now expected to show cause why he should not be impeached for
alleged professional misconduct. It is alleged that the judge, among other
transgressions, absented himself from work and failed to write judgments.
Impeachment is the process by which a legislative body formally levels charges
against a high official of government. It does not necessarily mean removal from
office; it is only a formal statement of charges, akin to an indictment in
criminal law, and is thus only the first step towards removal. In the event
Judge Nkosi is impeached, he will be the fourth in 10 years, which is the
highest in southern Africa. During the tenure of the late Michael Ramodibedi,
Judge Thomas Masuku, who is now a judge of the High Court of Namibia, was
impeached and removed as a judge of the High Court of Eswatini on September 29,
2009. Ramodibedi suffered the same fate on June 17, 2015 for serious
misbehaviour.
Former Judge Mpendulo Simelane followed Ramodibedi out the door on July 21,
2017, after being found guilty of serious misbehaviour as well. It has been
reliably gathered that when the police went to serve Judge Nkosi with the letter
of suspension at Mafutseni, they found that he was not around and they left it
with a security guard. Meanwhile, lawyers who had cases before Judge Nkosi 
yesterday were turned back by court officials, who informed them that the judge
was not available and their matters would be enrolled during the next court
session next month. Judge Nkosi’s suspension started making the rounds on
Tuesday. His support staff was deployed to other workstations within the High
Court.
Questionnaire
On the same day, these reporters sent a questionnaire to the JSC via email,
seeking answers on what necessitated the commission to suspend the judge,
duration of the suspension and whether the suspension was with full pay.
However, by the time of compiling this report last night, the JSC had not
responded. On July 27, 2021, the JSC served the judge with a letter requesting
him to provide a detailed account of what transpired at the Pigg’s Peak
Magistrates Court during the hearing of a rape matter involving his
brother-in-law, Sibusiso Vilakati. “Pursuant to a resolution of the Judicial
Service Commission, you are required to provide the commission with a written
report on the event of April 22, 2021 relating to the matter. The report should
be submitted within three working days to the undersigned,” reads part of the
minute. In a previous interview, Judge Nkosi confirmed to have received
‘something’ which he said did not make sense to him. He said the minute that
was sent to him did not state what exactly should be explained. He wondered what
he was really being called upon to do and described the minute as ‘silent.’
“I really don’t understand what it is all about as it does not tell me to
show cause of anything,” said Judge Nkosi. The judge said he was sticking to
what he previously said that he did not do anything wrong in this matter. At the
time, the judge went on to say he was not apologetic for his actions at the
Pigg’s Peak Magistrates Court. He had said he was sure that he did not break
any ethical rules at the magistrates court and neither did he bulldoze anyone
using his powers as a judge. “Absolutely none,” he had said emphatically
during the interview. “I followed the procedure. I did not ask to be made a
priority. I am absolutely not apologetic for what transpired there (Pigg’s
Peak Magistrates Court). I have no doubt that the law took its natural
course.” Following a raid at his homestead at Mafutseni in April 2021, where
his firearms were seized, Judge Nkosi said it was not about his brother-in-law
but he was being targeted.
Firearms
He had said the raid and seizure of the firearms exposed his security. The least
the police could have done, according to the judge at the time, was to advise
that he should renew the licences for his firearms within a certain period.
Judge Nkosi also pointed out that there was no incident where he had used a gun
to warrant the search and seizure at his residence. The judge alleged that he
got hold of information to the effect that somebody had recorded a statement
saying that he (judge) had seven guns at his home.
“Ngemanga nje laluhlata lawa. Kungenteka ngikhandze ba plante lisaka lensangu
lekami (it is pure lies. I might find that they have planted dagga now at my
home),” he added.  He said what he did in Pigg’s Peak was what most people
had done as well. The judge was referring to the act of seeking the release of
his brother-in-law to his custody and making an undertaking to produce him to
court the following day. According to Judge Nkosi at the time, even some judges
and magistrates had allegedly called a police station to ask that their arrested
relatives be released to their custody.