INVESTIGATE CJ – SIPHO SHONGWE

MBABANE – “I have lost confidence in the courts.”  This was the submission of murder suspect Sipho Shongwe who has since lodged a complaint to the Human Rights Commission against Chief Justice (CJ) Bheki Maphalala.

He wants the commission to investigate the CJ for alleged abuse of authority and power as per Section 164 of the Constitution. 
The above section gives the commission powers to, among other things, investigate complaints concerning alleged violations of fundamental human rights and freedoms and to investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties.

complainant

Shongwe, who stands charged with the murder of prominent businessman Victor Gamedze, is also accusing the head of the Judiciary of allegedly interfering in his matter. The letter of complainant, which has been annexed to court papers, is dated July 5, 2018.
“It does not bring me great pleasure to say that the chief justice, in his conduct; has left it very difficult for me to have any confidence in the courts, reads part of Shongwe’s letter.

Shongwe alleged that the CJ had proceeded to attempt to defeat the ends of justice by allegedly interfering in a matter that was before Judge Sipho Nkosi.

In his six – page letter, Shongwe alleged that the CJ was violating his rights in terms of Section 21 of the Constitution, which guarantees him a hearing before an independent and impartial court.  He emphasised that the CJ was allegedly interfering with a matter that was before another judge.

“Further, the violation by the chief justice is to the effect that Judge Nkosi, who is handling the matter in terms of Section 141(2), is not accountable to anyone in exercise of his judicial functions and is protected from interference of whatever nature by anyone,” submitted Shongwe violation
He averred that the alleged attempted intimidation of his lawyer by the chief justice in his chambers was viewed as direct violation of his (Shongwe) rights in terms of Section 141(2) of the Constitution.

Section 141(2) of the Constitution provides that:  “Neither the Crown nor Parliament nor any person under the authority of the Crown  or Parliament nor any person whatsoever shall interfere with judges of judicial officers, or other persons exercising judicial power, in the exercise of the judicial power.”

Shongwe further claimed that the letter that was issued by the registrar of the High Court dated May 15,2018 was a directed interference with the protection guaranteed to him (Shongwe) by Section 141(2) of the Constitution which prohibited the alleged conduct allegedly displayed by the CJ in the matter.  The CJ is reported to have, through the registrar of the High Court, caused to be issued a letter directing that Shongwe’s bail hearing would not proceed as set by Judge Nkosi.

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