SENIOR MAGISTRATE USES OWN CAR AS OFFICE

MANZINI - A senior magistrate has been forced to use his vehicle as an office due to the shortage of structures at the Manzini Magistrates Court.

Magistrate Dumisa Mazibuko spends time working inside his vehicle, where he handles important documents that he uses as a judicial officer. Yesterday morning, the magistrate, who is currently presiding over this month’s Monday court matters, was seen seated in his vehicle, a Toyota Hilux Double Cab. A traffic police officer, Constable Zewula, who is always tasked with fetching magistrates from their chambers before court sessions resume, was seen walking up to the parking lot where Mazibuko’s vehicle had been parked. The officer had been ordered to fetch the magistrate who had to work on fresh matters. The officer was later seen leaving the vehicle with the magistrate and escorting him to the courtroom.

Concerned

Meanwhile, the Law Society of Swaziland (LSS) said it would be deeply concerned if it was to be confirmed that some magistrates did not have proper offices and conducted their daily duties inside their vehicles.  The association’s Secretary General, Thulani Maseko said traditionally, the country was relying on open courts and using chambers was an exception.
 “We have never known a vehicle to qualify as an office or courtroom. It cannot be allowed that magistrates operate in their vehicles as it opens up the justice system to corruption and being corrupted. It certainly cannot be allowed, how are the records of proceedings recorded and kept? This poses a danger not only to the magistrate, but fundamentally undermines the justice system. Lawyers can’t be briefcase practitioners, so are the courts,” Maseko said.

He added that if this was to be proven, it would be an indictment on those charged with the proper administration of the courts and the justice system. Due to the shortage of working structures at the magistrates court, a total of nine permanent magistrates share chambers and the only person who has his own office is the head of the court, Principal Magistrate David Khumalo. After the return of Magistrate Mazibuko, who was based at Simunye and Big Bend, this means that there are now 10 magistrates at the place, excluding the four acting magistrates, who were recruited from private law firms.

A reliable source revealed that preparations were being made for the magistrate to have a proper office as the archive office was currently being renovated. The magistrate refused to comment on the issue and said this reporter should get comment from his superiors or the Judicial Service Commission (JSC). On the issue of sharing chambers and its dangers of such, a top attorney, who preferred to remain anonymous, said the greatest threat was the erosion of independence and impartiality.

Temptation

The attorney said the temptation to discuss pending cases was heightened by such situations. “Such could capture particular sentiments of one of the officers, which may then influence the way the presiding officer perceives an accused or a particular offence in a trial he or she is handling. This is because most sharing people are from a common community of lawyers where discussions are unavoidably open,” the attorney said. He added that sharing also compromised the clean sense of justice. The attorney further mentioned that also administratively, it could lead to internal conflict from competing egos and also create division.

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