20 JUDGMENTS IN ONE WEEK AFTER CJ ORDER

MBABANE – Judges heeded the call by the Chief Justice (CJ), Bheki Maphalala to deliver judgments of pending cases before the festive season.

This was evident as last week alone, a total of about 20 judgments of pending cases were delivered by different judges, both in the High Court and the Supreme Court. It was noted that last week, some of the High Court judges delivered three judgments of pending cases in one day. Among the judgments which were delivered was the one where the Prevention of Organised Crimes Act (POCA) was being challenged. Some of the cases where judgments were delivered included disputes of estates, criminal matters and disagreements of companies or shares.

Commended

After the delivery of the many judgments by the judges, most lawyers commended the CJ for what they described as a move in the right direction. One of the lawyers said: “Justice delayed is justice denied.  What the CJ did is commendable as we can now see the light at the end of the tunnel.” Other attorneys wondered why the judges had to be reminded when to deliver judgments as that was part of their job description. In the directive, the 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 went on to remind the judges that the maximum period for the delivery of judgments was 90 days after the hearing of the matter.

“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.

Directive

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. 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,” which 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. Judges in Eswatini generally avoid talking to or commenting in the media on issues that touch on the operations of the Judiciary.

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