LAWYERS VOTING AGAINST JUSTICE

Sir,

Mr Editor, allow me to express my gratitude to the few remaining lawyers committed to protecting the rule of law and jealously guarding the proper administration of justice. It is shocking that 21 lawyers would actually stand up and be counted in a vote against the interest of justice and equal protection of the law for all citizens in this country. Corruption affects us all.A judge raises the alarm about the alleged scourge of corruption perpetrated by the chief justice and those 21 lawyers see nothing wrong with that. Instead, they rather crucify those bringing the issue to the fore.

Deserve

May the Law Society kindly share the list of the vote. The emaSwati deserve to know these two types of lawyers. Those who are true to their calling and profession as well as those who are driven by stomach politics as well as an ambition to be rewarded for sheltering those killing the fabric of justice and equality. A recusal application is always based on suspicion that justice may not be otherwise attained if Judge X presides in the matter.
This suspicion does not come from thin air, but is derived from surrounding factors. Judge Mlangeni calls the SG of the Law Society, not once but three or for times.

The SG does the honourable thing, shares the information with the president, which information directly affects a litigant before the court. Should the president keep quiet when information of this nature has been disclosed? The judge told the SG that he is there to stop the president from bullying other Judges. Let’s pause for a moment. Is this to suggest that Judge Mlangeni was empanelled with a specific mandate? In fact, I am at loss as to how the president could possibly bully judges of the Supreme Court, other than in the normal line of duty to advance the interest of his clients. Those 21 lawyers who voted against adoption of the report are watering down the fight against corruption that Judge Mlangeni was lamenting.

Accused

This is a storm in cup of tea. The president was being accused of using information belonging to the Law Society, which had been shared in confidence by Judge Mlangeni. Quite on the contrary, there has been no complaint by Judge Mlangeni that confidentiality has been breached. Instead, there is a clique that has taken it upon themselves to be the judge’s mouth piece. This exposure did not catch Judge Mlangeni by surprise, he invited the disclosure of his telephone conversation with the SG when he refused to step aside.

He still had plenty time to retract those utterances with the SG or even request that the telephone discussions be protected from disclosure as he was against the rampant corruption. It is shocking that lawyers would compromise client’s entitlement to fair administration of justice purely to protect Judge Mlangeni. It was even more shocking to learn that there was a motion now to apologise to Judge Mlangeni and the chief justice.

Sanity

Luckily, sanity prevailed and that motion was defeated. This situation, which played itself out is reminiscent of the President Donald Trump impeachment vote. Republican Senate Leader Mitch Mc Connnell only stood up to condemn President Trump after the vote had cleared him of wrong doing. That address was not worth his breath. It’s the vote that matters. The vote for attorneys is not a populist view, but one to secure justice and equal protection of all citizens and to protect the sanctity of the courts. To also ensure that justice is meted out without fear or favour. The minister of Justice  or the JSC must take this matter further. 

Explain

There is more than meets the eye here. Judge Mlangeni should assist and explain the corrupt activities that he was referring to. This is not a light matter. Prior to his passing, former President Mandla Mkhwanazi and his council, had raised the issue of justice for sale some five years ago. As it seems to turn out, the corruption benefits quite a few role players, I dare say those 21 lawyers who voted have certain motives and or interest to counter the interest of justice, its administration and  rule of law.

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