LAWYERS WANT MAJAHENKHABA TO APOLOGISE

MBABANE - The Law Society of Swaziland (LSS) has called upon Majahenkhaba Dlamini, who is also a Supreme Judge, to issue an apology on his usage of the phrase ‘nigger in the woodpile’.

According to the urban dictionary, a nigger in the woodpile is a person who is the cause of the problem or is an obstacle to solving a problem.
Justice Majahenkhaba used this phrase in the matter where he has been taken to court with five others over the chieftaincy dispute at Nkhaba.

A faction that consists of ETVA Chief Executive Officer, Bongani ‘Sgcoko’ Dlamini, Indvuna Vusi Petros Kunene and Gwajumbe Hezekiel Dlamini has taken Majahenkhaba, Palestine Jonga (nee Dlamini), Thumbumuzi Dlamini and Absalom Shabangu to court.
Nkhaba is the home area for both the judge and the ETVA boss.

The bone of contention emanates from a chieftaincy dispute in the area that has been dragging for some years.
The faction that consists of ‘S’gcoko’ claim that a family council unanimously agreed to designate Mandla Napoleon Dlamini as the chief while the judge’s faction wants Mbuso Dlamini.

In his affidavit, Majahenkhaba stated that: “Needless to say, in all this, ‘Sgcoko’ is the nigger in the woodpile. The prolonged installation of a chief benefits Sgcoko and the other applicants as it gives a sense of authority, however, temporary and passing,” he argued.

The LSS yesterday called an impromptu press conference where it expressed its concerns about the usage of the phrase by the judge.
LSS member Jose Rodrigues, who was with Acting President Lucky Howe, Secretary General Thulani Maseko and Charity Simelane, said their concern was the usage of the phraseology by a highly respected judge of the Supreme Court of Eswatini.

embarrassed

“We feel extremely embarrassed by the usage of such words or expression, particularly with regard to the use of the word nigger. Such words were used in the slave era in America and they do not belong to this day and age,” said the LSS.
According to the law society, such words were not only racist but also demeaning and insulting to the esteem and dignity of the other person and therefore unacceptable.

“The learned judge could have used or expressed himself similarly to the expression, skeleton in the closest or tiger in the woodpile, without offending anyone,” said the society.

The LSS said as much as the matter (Nkhaba chieftaincy dispute) was highly charged, it was unacceptable that such words or expression were used. “We therefore hope our learned judge will unreservedly apologise to the nation and all stakeholders for using such expression,” said the lawyers’ council
They further implored the Judicial Service Commission (JSC) to take up this matter and deal with it in the seriousness that it deserves.

The society stated that in terms of the common law, such words could also be described as a criminal offence of crimen injuria. Crimen injuria is an act of unlawfully, intentionally and seriously impairing the dignity of another. The society highlighted that in some jurisdictions such could be tantamount to hate speech. 

The LSS said by way of example,  that recently a Member of Parliament in the United Kingdom (UK), Ann Marie Morris, was suspended for using the phrase a ‘real n***** in the woodpile’ at a meeting about Brexit.
According to international media reports, the MP’s secretly recorded remarks triggered outrage when they were revealed in July and were condemned by Theresa May, then UK Prime Minister.

According to the LSS, Majakhenkhaba was allegedly the second judicial officer to use alleged derogatory language. 

magistrate

They alleged that a Manzini-based senior magistrate once uttered offensive language towards LGBTI’s.   They claimed that this matter was reported to the JSC but no disciplinary measures were taken against the magistrate by the JSC.

“We are calling upon the JSC to act on the present matter as we do not want this to be a trend,” said the LSS.
On the other hand, the LSS said there was a concern on accepting dual positions. They further pointed out that as a judicial officer, you lose certain rights, benefits and you gain other rights and privileges that were only afforded to judges.

They said judges should adhere to their code of ethics and the Bangalore principles. “We realised that he (Majahenkhaba) deposed to the affidavit as a citizen but that does not take away that he is a judge,” said the lawyers’ council.

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