BONDABAZABANTU SHOCKED VERDICTS NOT BINDING

MATSAPHA – “Bondabazabantu (King’s liason officers) have no official capacity to issue legally binding judgments.”

This is a statement that was made by Judge Mzwandile Fakudze yesterday at Esibayeni Lodge, during the ongoing five-day Eswatini National Courts Employees’ Workshop. His statement sparked a debate among the attendees who sought clarity on the existence of bondabazabantu and if they could not issue legally binding judgments. Among those who raised concerns and sought clarification on the matter was Bishop Samson Hlatjwako, from the Bhunya National Court. He enquired about the importance of having bondabazabantu in the first place if they could not issue legally binding judgments.

Hlatjwayo said: “If they (bondabazabantu) cannot issue a legally binding judgment, to me it means they have no use in the judicial system. For us to be told that they do not issue legally binding judgments is shocking news.” It should, however, be noted that from the debate submissions, it appeared as if a number of the Eswatini National Courts employees could not clearly understand the difference between bondabazabantu and courts presidents.

Concern

Director of Eswatini National Court and Culture, Prince Bukhosi, also voiced out his concern on the fact that bondabazabantu had no official capacity to issue legally binding verdicts.
“I was also disturbed by the news that bondabazabantu have no legal capacity to issue legally binding judgments. What is a verdict, if I may ask? When cases are appealed to Swazi Courts and at Ludzidzini Royal Council, they have to deliberate on a case where there is the judgment of ndabazabantu,” said the director. Judge Fakudze explained that he was first confused by the issue and learned of it the hard way. He said while presiding over a case in court, he issued a judgment as per the dictates of ndabazabantu. However, he indicated that the accused, after the advice of his lawyer, appealed the judgment at the Appeals Court. “The lawyer submitted that my judgment did not hold legal substance due to the fact that bondabazabantu had no official capacity to issue legally binding judgments. My judgment was overturned by the higher court and the person won the case,” he said.

Judge Fakudze advised Eswatini National Court employees to approach the attorney general (AG) and seek to amend sections of the legislation, that were either outdated or unfavourable to their working conditions. Fakudze hinted that they stuck to the provisions of the Constitution in relation to the work of the Eswatini courts. To also raise a concern on the same issue was Mbabane National Court President, Two Minutes Shongwe, who said it was a matter that needed to be swiftly addressed.

Powers

Judge Fakudze responded by stating that the powers of ndabazabantu were centered on conciliation, but not to issue a verdict. Meanwhile, in his brief remarks, the Chief Justice (CJ), Bheki Maphalala, represented by Supreme Court Judge Majahenkhaba Dlamini, said; “Bondabazabantu deliberate on issues of culture and traditions, more especially matters that have to do with disputes. They do not preside over criminal cases and do not issue judgments to say someone must be arrested but aim to mediate to reach consensus between involved parties.”
Meanwhile, a finding of the Supreme Court was that King’s liaison officers or bondabazabantu were not a court, tribunal of adjudicating body and their decisions had no force of law.

Mediator

It is a mediator, conciliator and its determination is advisory only and has no force of law. This was the finding of the Supreme Court on the matter where the powers or jurisdiction of the King’s liaison officer or bondabazabantu were being challenged. The office of the King’s liaison officer or bondabazabantu is not the same as the Eswatini National Court presidents. Eswatini National courts were established by the Swazi Courts Act of 1951. In its judgment, the court highlighted that the King’s liaison officer or bondabazabantu was a recognised functionary established in terms of Swazi Law and Custom, he is appointed by Ingwenyama and is answerable to the regional administrator.

It was also the court’s finding that the King’s liaison officer or bondabazabantu did not exercise judicial power and that their function was that of a mediator or peacemaker between rival parties. It was further highlighted in the Supreme Court judgment that his decisions had no force of law and their legitimacy and compliance depended on the willingness of the parties to abide by them. The court said, on deciding a dispute, the King’s laison officer or ndabazantu applied Swazi Law and Custom. The High Court has followed that judgment in the matter between Khayelihle Mbingo nee Mavimbela against Thamsanqa Thikazi, Celani Mbingo, Zinhle Mbingo, Bongani Mbingo and the attorney general. The matter was heard and determined by Judge Mbutfo Mamba, who was sitting with assessors, Nxumalo (President Eswatini National Court of Appeal) and Lozithehlezi Mhlanga (President Eswatini National Court).

Family

This was essentially a family dispute. The dispute was over family land belonging to the Mbingo family of Logoba just on the outskirts of the city of Manzini. The piece of land in question is on Swazi Nation Land, under the Masundvwini Royal Kraal, under Swazi Law and Custom. The crisp question or issue in this case was whether ndabazabantu had the power or authority to issue orders, decrees or injunctions, which had the status or force of law in the determination of any issue before him qua ndabazabantu.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: