... CJ HAS BROUGHT JUDICIARY INTO DISREPUTE – LAW SOCIETY

MBABANE – Lawyers allege that Chief Justice (CJ) Bheki Maphalala has brought the Judiciary into disrepute.

He was also accused of having failed to promote and maintain proper administration of justice and the rule of law. The public, according to the Law Society of Swaziland (LSS), is desirous to have a functioning Judicial system that promotes the proper administration of justice and the rule of law. The LSS made these allegations in the complaint it lodged with the Minister of Justice and Constitutional Affairs Pholile Shakantu against the CJ. “The Law Society is filing this complaint and requests that due process be followed in line with the requirements of Section 158 of the Constitution. We request that the honourable minister acts in accordance with the constitutional responsibility imposed by Section 158 of the Constitution, by convening the ad hoc committee to deal with this complaint,” said the attorneys. The lawyers further mentioned that they were witnessing the erosion of the rule of law and public confidence in the judicial system. These are allegations whose veracity is still to be tested.

Custodian

Through the LSS, the learned friends alleged that the CJ was at the forefront of the assault to the rule of law. They highlighted that his role as head of the Judiciary was that of chief custodian of law. “Instead of fulfilling this important constitutional function, the Chief Justice has consistently breached the Constitution, the law, the Judicial Code of Ethics and his oath of office. He has abused power and interfered with the administration of justice,” reads part of the complaint by the lawyers. They further pointed out that the complaint clearly stated that the alleged serious misbehaviour by the CJ warranted his removal from office as provided in Section 158 of the Constitution. “The serious misbehaviour of the chief justice cannot be ignored. The complaint must be processed and dealt with according to law. This is important to restore the respect and dignity of the courts and the judicial system for which public order is dependent. Investors will only have confidence in a country where the rule of law reigns supreme,” concluded the LSS.

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