CJ APPOINTS 5 JUDGES FOR COMMISSION OF INQUIRY: PUBLIC INVITED TO PROBE OF MASTER’S OFFICE

MBABANE - The distribution of some estates has been dragging for 10 to 15 years and relief is on the way.

This is because the Chief Justice (CJ), Bheki Maphalala, yesterday heeded the calls made during Sibaya to investigate the operations of the Master of the High Court. He has put in place a Judicial Commission of Inquiry to look into alleged irregularities and corrupt practices within the Master’s Office, which has seen some beneficiaries suffering for years while they failed to access millions of Emalangeni left by their loved ones.Some of the funds that form part of the estates of deceased individuals were reportedly stolen by officers of the Master of the High Court to the prejudice of the beneficiaries.

Issues

The alleged moot operations of the Master’s Office were also one of the thorny issues submitted during Sibaya, such that a call for the overhaul of that office was made by various speakers. The speakers described the Office of the Master of the High Court as incompetent and operating like a fiefdom. Others alleged that instead of getting help, each time they went there, they were met with hostility and resistance from the officers.

However, all this is about to change as beneficiaries and members of the public are likely to get the much sought after relief through the commission.
The commission consists of five judges and it will be headed by Supreme Court Judge Majahenkhaba Dlamini, who will be deputised by High Court Judge Mzwandile Fakudze.

Notably, Judge Dlamini is a former Attorney General (AG), while Judge Fakudze was the deputy AG. Other members of the commission are Industrial Court Judge President Sifiso Nsibande, High Court Judge Maxine Langwenya, Industrial Court Judge Lorraine Hlophe and its secretary is Deputy Supreme Court Registrar Siphiwo Masuku, who is also a lawyer by profession.     

On the lap of the commission are a number of issues, which include the persistent and continued negative reports about the alleged improprieties, maladministration and abuse of power at the Office of the Master of the High Court. It will investigate matters pertaining to the Office of the Master of the High Court concerning allegations of impropriety, maladministration, abuse of power and incidental matters. The CJ, who is also the head of the Judicial Service Commission (JSC), announced that the commission would start working as of yesterday and invited members of the public to come and make their presentations and/or submissions.  

He highlighted that during Sibaya, a number of issues, which included corruption and alleged irregularities at the Office of the Master were raised. He said as per the Constitution, it was at Sibaya where decisions were taken. He mentioned that the Office of the Master of the High Court was established in terms of the Administration of Estates Act No.28 of 1902 and was responsible for the administration of deceased estates and the winding up of companies. He also highlighted that in terms of Section 160 (2) of the Constitution, the JSC was responsible for the appointment of the Master of the High Court and the supervision of the activities of the Office of the Master of the High Court.

Efficiency

“The Office of the Master of the High Court must be managed and operated in accordance with the highest standards of ethics, integrity and efficiency, so that the governance and operational decisions are beyond reproach and the administration of estates of deceased persons and the winding up of companies are conducted in accordance with the law,” said the CJ.  The CJ said there were persistent and continued negative reports about alleged improprieties and abuse of power at the Office of the Master of the High Court. 

He stated that the veracity of the alleged improprieties must be investigated properly and corrective measures adopted to stabilise and restore public confidence in the Office of the Master of the High Court.“Therefore, a Judicial Commission of Inquiry is hereby appointed by the chief justice of the Kingdom of Eswatini in terms of Section 139 of the Constitution. The commission is appointed to investigate matters pertaining to the Master of the High Court concerning allegations of impropriety, maladministration, abuse of power and incidental matters,” said the head of the Judiciary.

The commission will conduct its duties at the Industrial Court of Appeal premises, 4th Floor Intfutfuko Building in Mbabane. As per its terms of reference, the commission will sit in any other location within the Kingdom of Eswatini as shall be designated by its chairperson.

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