CJ: POLITICAL ELITE CLIQUE THREATENING JSC

MBABANE – The JSC is under attack. Chief Justice (CJ) Bheki Maphalala yesterday said the Judicial Service Commission (JSC) is under siege from a dangerous political elite which is currently occupying ‘our political space’.

Maphalala, who is the chairman of the JSC, also described the said political elite as being strong, powerful and regime-change oriented.
The head of the Judiciary was speaking during the swearing-in of the new members of the JSC. The sworn-in members are Chief Mgebiseni, Bongani Sydney Dlamini, Chakazile Dlamini and Sibongile Zondi.

Bongani, who is an attorney, was previously appointed an acting judge. This was during the tenure of former Chief Justice Michael Ramodibedi.
The swearing-in ceremony was held at the High Court conference room at 9am yesterday.

Undermining

Before the members were sworn in, Maphalala stated that he would be failing in his duties as the chief justice if he did not mention that there was a political elite which was undermining and interfering with the Constitutional mandate of the JSC.
“Their conduct is treasonous. This should come to an end,” Maphalala said.

The chairman of the JSC stated that the said political elite was so powerful that they had arrogated to themselves the constitutional powers of key institutions in the country.

Political and economic stability, including foreign direct investment in any constitutional democracy exclusively, according to the chief justice, depended on the nation’s respect for the Constitution.

Maphalala said the Constitution clearly defined the powers and duties of every State institution and further guaranteed their independence and the rule of law.
The existence of the political elite, according to Maphalala, constituted a serious threat to the political and economic stability of the country, together with its international relations and peaceful coexistence.

He noted that the Constitution was the supreme law of the country and that the nation had the right and duty to uphold and defend it.
“Any person who suspends, overthrows, abrogates or attempts to do so, is guilty of the offence of treason.”
He further described the country’s Constitution as a product, wishes and aspiration of the nation. He pointed out that the decision to adopt the present Constitution was taken by Sibaya at Ludzidzini.

According to the chief justice, nobody should undermine the will of the nation. He emphasised that the JSC was appointed by the King and Ingwenyama in terms of Section 159 of the Constitution. As a result, Maphalala said the JSC reported directly to the King.

He went on to outline the core function of the JSC as being to advise His Majesty the King on the appointment of members of the Elections and Boundaries Commission (EBC), the Commission on Human Rights and Public Administration, the Anti-Corruption Commission (ACC).

The JSC, also advises on the appointment of the deputy and director of public prosecutions and the attorney general, as well as judges.
This was not the first time that the chief justice made similar utterances.
During the official opening of the 2019 High Court Legal Year, Maphalala told all and sundry that the Judiciary would not bow to politicians.

Agreed

During his speech, Maphalala said there was a temptation on politicians not to grant what was being asked for unless one agreed and submitted to being used by them.
Maphalala pointed out that there was an individual in the previous government, who expected the Judiciary to report to him if there was something it required.
According to Maphalala, that was how things were done by the previous government.
He said as the Judiciary, they would not bow to politicians because the Judiciary reported to the head of State.

The chief justice said the Judiciary would remain independent and continue not to report to politicians.
He further implored the new government to work for the nation as opposed to serving their own interests.
Maphalala also highlighted that the previous government did not support the Judiciary in its bid to carry out its mandate.

Independence

He said efforts of the Judiciary to gain support from government were consistently and systematically undermined because of their resolve to protect the independence of the Judiciary.
The former President of the Law Society of Swaziland (LSS), the late Mandla Mkhwanazi, surprised everyone during the official opening of the High Court this year when he alleged that justice was for sale. Mkhwanazi said there was evidence to that effect.

Maphalala, in response, said he had no knowledge of the allegations which were made by Mkhwanazi. He challenged the former president to bring forth the evidence. In a subsequent interview, Mkhwanazi said there was such evidence and went on to mention that if the chief justice required it, they could provide him with it.

A few months ago, the chief justice challenged government to recognise the Judiciary as an important arm of government.
This was when the Supreme Court was scheduled to hear government’s appeal of the judgment declaring certain sections of the Sedition and Subversive Activities Act of 1938 and Suppression of Terrorism Act of 2008 unconstitutional.

The matter could not proceed because there were not enough Supreme Court judges to constitute the bench.
here are seven judges in the Supreme Court and a majority of them have dealt with the matter one way or the other.
This resulted in the case being postponed until sufficient judges were available to hear the matter and the representatives of the parties would be advised accordingly.

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