CJ: RECALL FAILING MPS

Reference is made to the headlined article which appeared in the media on May 21, 2018, where the chief justice is quoted as lamenting the removal of the power of recall provision in the Constitution for ineffective Members of Parliament.

The chief justice also reportedly requested judicial officers to register for the upcoming elections; this after he had himself registered in the Shiselweni Region, where he is an indvuna to Gelane Zwane, the acting chief. My chief complaint in all this is the aspect of the independence of the Judiciary viz the chief justice’s position as head of the Judiciary and also indvuna of his chiefdom (inkhundla). My understanding of the independence of the Judiciary refers to both individual and institutional independence. The Constitution, Section 141, clearly states that ‘the Judiciary shall be independent and subject only to this Constitution and shall not be subject to the control or direction of any person or authority’.

The chief justice and chiefs are appointed by the King. Imagine instances where KoNtshingila issues are brought before court, before the very chief justice who is also an indvuna. What guarantees are there for fair trial rights as envisaged by the Constitution? How do we know that the chief justice will be impartial as the head of the Judiciary? This is a similar issue with that of Justice Senzangakhona who doubles as a chief. In my books the chief justice should have relinquished his post as an indvuna immediately after he was appointed as a judge. It is against internationally laid down principles of law and is a direct threat to the rule of law. The umphakatsi needs to urgently recall him from his post of indvuna; do the right thing your Lordship.

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