Times Of Swaziland: DEPUTY DPP: CJ ORDERED ME TO STOP PROSECUTING ‘KAKONA’ CASE

DEPUTY DPP: CJ ORDERED ME TO STOP PROSECUTING ‘KAKONA’ CASE
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BY SIBUSISO ZWANE on 30/11/2021 09:18:00


MBABANE - Deputy DPP Israel Magagula has accused Chief Justice (CJ) Bheki
Maphalala of having instructed him to stop prosecuting the case of well-known
Manzini businessman, Mfankhona Johannes Dlamini.
Dlamini is popularly known as ‘Kakona’. According to the deputy director of
public prosecutions (DPP), the CJ informed him that the case was not of priority
or importance. ‘Kakona’ was sentenced to a total of 72 and a half years
imprisonment and he is now appealing both the conviction and sentence. The
businessman, who was found guilty on 57 counts of contravening the Theft of
Motor Vehicle Act of 1991, will, however, spend at least 39 years in prison if
he pays a fine of E20 000 in respect of 20 counts of failing to report certain
car components which had identification numbers obliterated. The deputy DPP has
filed an application for the recusal of the CJ from the panel of Supreme Court
judges to hear the matter.
Background
Giving a background of the matter, Magagula narrated the appeal was enrolled for
hearing on November 25, 2021, and while he was in court waiting for the starting
time, he was approached by the defence attorney, Linda Dlamini. He alleged that
Linda requested that he accompany him to the chambers of the CJ to introduce an
advocate whom they had instructed in the matter.  Magagula said he asked Linda
why they had to introduce the advocate to the CJ and he allegedly responded by
stating that the CJ was part of the panel of judges who would hear the matter.
The deputy DPP alleged that he then informed Linda that he would apply for the
removal of the chief justice from the appeal hearing because before the
commencement of the matter at the High Court, the CJ allegedly called him into
his chambers and instructed him to stop prosecuting the appellant’s (Kakona
and Senzo Sibeko) case. The advocate, according to Magagula, said he understood
his concern.
He recounted that together with Linda and the instructed advocate they proceeded
to the CJ’s chambers. Magagula submitted that in the chambers, the CJ was in
the company of Justices Majahenkhaba Dlamini and Justice Judy Currie.   
Magagula said they introduced themselves and Linda  moved on to introduce the
advocate and the CJ asked him (advocate) some few questions pertaining his
background.  The deputy DPP said they were then instructed to proceed to court
by the chief justice.
“I then requested an indulgence and informed the panel of judges that I
request to move an oral application for the removal of the honourable chief
justice in the matter as before the commencement of the trial at the High Court
he called me into his chambers and instructed me not to prosecute the case of
the appellant because it is not a matter of priority,” alleged Magagula.
He went on to allege that the CJ responded and indicated that he did not recall
doing that. “I insisted that it happened and I requested that we should not
proceed with the hearing of the appeal while he is still part of the panel. The
chief justice then ordered me to file a written application for his removal by
close of business on November 25, 2021,” averred the deputy DPP. These are
allegations whose veracity is still to be tested in court. Magagula said they
then proceeded to court and the case was postponed to a date to be given by the
registrar of the Supreme Court.