CJ WANTS PENDING JUDGMENTS BEFORE FESTIVE SEASON

MBABANE - In what will be a relief to litigants who have been waiting for their judgments for too long, Chief Justice Bheki Maphalala has directed all judges to deliver outstanding judgments before the festive season.

Notably, the High Court and Industrial Court will be closed from this Friday. The Supreme Court and Industrial Court of Appeal closed for the year on the last week of November 2022.
The directive is reportedly applicable to all judges, including those from the Supreme Court. In the directive, the chief justice (CJ) first reminded the judges to comply strictly with working hours and further avoid absenteeism. On the issue of the delivery of judgments, the CJ reminded the judges that the maximum period for the delivery of judgments was 90 days after the hearing of a matter.

Outstanding

“Consequently, you are directed to deliver all outstanding judgments beyond 90 days during the course of December 2022 before the festive season,” reads part of the directive. The office of the registrar of the High Court was previously inundated with letters from lawyers, who were complaining about undelivered judgments. This was after the CJ had issued a directive that they should, within five days, furnish his office with a list of outstanding judgments that had not been delivered within 90 days of hearing of matters.

Judgments

The lawyers said the delay in issuing judgments was a problem to them as their clients were now and again accusing them of incompetency and sometimes of collusion. The memo, which is titled ‘Outstanding judgments in the High Court and Industrial Court’, was directed to among others, the director of public prosecutions (DPP), attorney general and all attorneys in the country. “You are requested to furnish a list of outstanding judgments beyond 90 days of hearing to the registrar of the High Court and Industrial Court for my attention.  The list should be submitted within five days,” reads part of the memorandum dated August 30, 2021. The CJ previously issued a minute where he reminded judges that: “Accordingly, you are urged to deliver the outstanding judgments without delay.” The minute is titled ‘Absenteeism and failure to deliver judgments on time’.

Meanwhile, Eswatini judges have a judicial code of ethics which, in Part VI (Competence and Diligence) Clause 6 (b) states that a judicial officer should hear and decide matters assigned to him expeditiously, fairly and endeavour to deliver reserved judgments within three months. The judicial code of conduct, in Part V (Propriety) Clause 5, states that ‘a judicial officer, like any other citizen, is entitled to freedom of expression, belief, association and assembly, but in exercising such rights, a judicial officer shall always conduct himself or herself in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the Judiciary’. On the issue of absenteeism, on January 24, 2022, the CJ issued a minute where he stated that he noticed  with dismay during the past year that some judges were arriving late for work and leaving before the time prescribed.

Absenting

“During the past year, some judges were absenting themselves from work without permission. Undoubtedly, the absenteeism has resulted in the slow pace of finalising allocated cases. It is only the judges who are on leave who should be absent from work,” reads part of the minute. On August 12, 2021, High Court Judge Sipho Nkosi was suspended and brought before an impeachment panel, where he was called upon to answer on five charges, which included alleged absenteeism, failure to deliver judgments, coming to court late and bringing the administration of justice into disrepute. It was further alleged that despite numerous written demands, the judge failed to deliver judgment timeously or at all. He was subsequently dismissed by the Judicial Service Commission (JSC), which is chaired by the CJ.

In January this year, in neighbouring South Africa, three former judges of the North Gauteng High Court were sharply reprimanded and instructed by the JSC to apologise to litigants in matters in which they were slow in handing down judgments. The complaints against the three retired judges were first investigated by a Judicial Conduct Tribunal (JCT) after being laid by Judge Bernard Ngoepe, who has also retired. The tribunal recommended that they be found guilty of misconduct not amounting to gross misconduct. This recommendation was then considered by the JCT, which unanimously ruled that the misconduct stemmed from the failure of the three judges to deliver judgments within a reasonable time and the fact that they had outstanding judgments for a prolonged period; well over 12 months.

Meanwhile, some judges said the directive by the CJ was impossible to achieve because for one to write a judgment, he or she had to research thoroughly. One of the judges said it was not like they were not doing their job but they found themselves having to delay issuing judgments due to different reasons.  

Judgments

“Sometimes you find that one has to hear many cases and start to write judgments when the court is in recess.  We have a lot of work and litigants should bear with us. The directive by the CJ is clearly setting us against lawyers,” said one of the judges. On the issue of alleged absenteeism and leaving work early, the judges reiterated what they said in a previous interview with this publication, that they were ready to account for the hours they worked.  They said it was devoid of the truth that they left early, thus were behind in terms of writing and delivering judgments. Their previous argument was that at times they went to court and prosecutors would tell them that witnesses couldn’t make it because they got transport from the police, who also called to say they did not have fuel.

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