COVID-19: LSS WANTS URGENT MEETING WITH CJ

MBABANE - Following the outbreak of the coronavirus, the Law Society of Swaziland (LSS) urgently wants to meet with the chief justice to discuss plans for containment of the virus in the country’s courts.

The LSS expressed its burning desire to meet with Chief Justice (CJ) Bheki Maphalala during a press conference held at the LSS offices in Mbabane yesterday
“Let us put whatever differences we might have and deal with the serious problem we are facing now,” said LSS Acting President Lucky Howe.

Prevent

In view of the coronavirus, Howe said as lawyers, they had a litany of suggestions on how litigation should be conducted under the prevailing circumstances to prevent the spread of the virus in courts.
He highlighted that in other jurisdictions like Namibia, Botswana and South Africa they had taken precautionary measures on how to conduct litigation in view of the coronavirus outbreak.  According to Howe, in some of these countries, judges are allowed to work from home and issue judgment in their chambers.   He said the society had made its intention to meet with the CJ known and were currently awaiting response.

LSS member Jose Rodrigues said some of the suggestion that they intend to forward to the CJ include social distancing in court that spectators should not be allowed in court except for the litigant, lawyer and the judicial officer and to encourage judges to issue orders from their chambers.
The society also intends to suggest to the CJ that judges should be allowed to work from home and to avoid interaction in judges’ chambers. Another suggestion is that electronic filing be introduced to avoid the handling of files by more than one person.  It was further the society’s feeling that in the interim, no new matters should be enrolled until the situation has stabilised.

Appaling

“The conditions in our courts are appalling. There is no soap, no sanitisers and the filing system is very poor.  The movement of files from one office to another exposes the  staff members and makes them  susceptible  to contracting the virus as they do not have  surgical gloves, face masks and other protective measures at their disposal,” said the society.

They further observed that there were a number of people who were always seen loitering aimlessly around the court premises and in view of the coronavirus outbreak, this was undesirable.

The society further raised concerns about the overcrowding in the country’s prisons where different people are kept under one roof. 
They further noted that prisoners are sometimes overcrowded in the vehicles when they are being transport to and from court. 
Their suggestion was that other alternative means should be applied.

Closure

“We are not calling for the total closure of the courts but we want containment plans to be put in place.
“We can call for the interim closure pending precautionary measures being put in place,” they said.
The LSS said they were hoping that their invitation would be honoured by the CJ in order to discuss plans for containment of the virus in the country’s courts.

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