Times Of Swaziland: CJ APPOINTS 5 JUDGES FOR COMMISSION OF INQUIRY: PUBLIC INVITED TO PROBE OF MASTER’S OFFICE

CJ APPOINTS 5 JUDGES FOR COMMISSION OF INQUIRY: PUBLIC INVITED TO PROBE OF
MASTER’S OFFICE
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Mbongiseni Ndzimandze on 17/01/2024 15:15:00


MBABANE - The distribution of some estates has been dragging for 10 to 15 years
and relief is on the way.
This is because the Chief Justice (CJ), Bheki Maphalala, yesterday heeded the
calls made during Sibaya to investigate the operations of the Master of the High
Court. He has put in place a Judicial Commission of Inquiry to look into alleged
irregularities and corrupt practices within the Master’s Office, which has
seen some beneficiaries suffering for years while they failed to access millions
of Emalangeni left by their loved ones.Some of the funds that form part of the
estates of deceased individuals were reportedly stolen by officers of the Master
of the High Court to the prejudice of the beneficiaries.
Issues
The alleged moot operations of the Master’s Office were also one of the thorny
issues submitted during Sibaya, such that a call for the overhaul of that office
was made by various speakers. The speakers described the Office of the Master of
the High Court as incompetent and operating like a fiefdom. Others alleged that
instead of getting help, each time they went there, they were met with hostility
and resistance from the officers.
However, all this is about to change as beneficiaries and members of the public
are likely to get the much sought after relief through the commission.
The commission consists of five judges and it will be headed by Supreme Court
Judge Majahenkhaba Dlamini, who will be deputised by High Court Judge Mzwandile
Fakudze.
Notably, Judge Dlamini is a former Attorney General (AG), while Judge Fakudze
was the deputy AG. Other members of the commission are Industrial Court Judge
President Sifiso Nsibande, High Court Judge Maxine Langwenya, Industrial Court
Judge Lorraine Hlophe and its secretary is Deputy Supreme Court Registrar
Siphiwo Masuku, who is also a lawyer by profession.
On the lap of the commission are a number of issues, which include the
persistent and continued negative reports about the alleged improprieties,
maladministration and abuse of power at the Office of the Master of the High
Court. It will investigate matters pertaining to the Office of the Master of the
High Court concerning allegations of impropriety, maladministration, abuse of
power and incidental matters. The CJ, who is also the head of the Judicial
Service Commission (JSC), announced that the commission would start working as
of yesterday and invited members of the public to come and make their
presentations and/or submissions.
He highlighted that during Sibaya, a number of issues, which included corruption
and alleged irregularities at the Office of the Master were raised. He said as
per the Constitution, it was at Sibaya where decisions were taken. He mentioned
that the Office of the Master of the High Court was established in terms of the
Administration of Estates Act No.28 of 1902 and was responsible for the
administration of deceased estates and the winding up of companies. He also
highlighted that in terms of Section 160 (2) of the Constitution, the JSC was
responsible for the appointment of the Master of the High Court and the
supervision of the activities of the Office of the Master of the High Court.
Efficiency
“The Office of the Master of the High Court must be managed and operated in
accordance with the highest standards of ethics, integrity and efficiency, so
that the governance and operational decisions are beyond reproach and the
administration of estates of deceased persons and the winding up of companies
are conducted in accordance with the law,” said the CJ.  The CJ said there
were persistent and continued negative reports about alleged improprieties and
abuse of power at the Office of the Master of the High Court.
He stated that the veracity of the alleged improprieties must be investigated
properly and corrective measures adopted to stabilise and restore public
confidence in the Office of the Master of the High Court.“Therefore, a
Judicial Commission of Inquiry is hereby appointed by the chief justice of the
Kingdom of Eswatini in terms of Section 139 of the Constitution. The commission
is appointed to investigate matters pertaining to the Master of the High Court
concerning allegations of impropriety, maladministration, abuse of power and
incidental matters,” said the head of the Judiciary.
The commission will conduct its duties at the Industrial Court of Appeal
premises, 4th Floor Intfutfuko Building in Mbabane. As per its terms of
reference, the commission will sit in any other location within the Kingdom of
Eswatini as shall be designated by its chairperson.