BENNETT TO PROBE: NO LAWYER IS BLAMELESS

MBABANE – Outspoken businessman Walter Bennett has alleged that no lawyer is blameless.

During his appearance before the Judicial Commission of Inquiry yesterday, Bennett said members of the public, who had been affected by the manner the Master’s Office carried out its duties, were expected to raise their concerns. He said, however, lawyers raised concerns about the establishment of the judicial commission. The businessman pointed out that the lawyers wanted the commission to be established in terms the Commissions of Inquiry Act of 1963. He stated that the law was promulgated before independence in 1968, and that currently there was a Constitution, which belonged to emaSwati. He said the commission was to be set up according to the Constitution and not the pre-independence law. “Chairman, I don’t know who will resolve the issue of attorneys because it might be that among them, none is blameless,” alleged the businessman.

Experienced

He said he was appearing before the commission to talk about what he had heard and experienced. Bennett informed the commission that some of the things he was concerned about dated back to the late 1900s and 2000s, and there had still been no solution. He apportioned blame to lawyers and the Master’s Office. He said what was major, but not before the commission, was the issue of syndicates, which allegedly included attorneys, auditors, accountants and fund managers who invested money. “Who is going to address that? This is what is at play before us. There is manipulation. It is difficult for residents when you are supposed to get relief and the educated ones squabble,” he said. He made an example that he filed a formal complaint in 2020 before the Law Society of Eswatini (LSE). Bennett alleged that the complaint was received by the secretary of the law society, the now deceased Human Rights Lawyer, Thulani Maseko.

According to the former senator, the complaint was never addressed despite that the law society acknowledged receipt of it. “They promised to work on it as usual,” said Bennett. “Meaning as usual, doing nothing. Consistently nothing and loudly nothing. When this enquiry was established, they want it to stop,” said Bennett. He added that he enquired about what should happen after a commission of this nature. “Who is supposed to say this is the directive of the chairman of the commission and this is what has to be done? I am saying this because we have had fundamental commissions, for example, the city council. “Nothing has been done and the malpractice is continuing. As we speak, they want to hire a CEO through unlawful means. It is the legacy of the one who has left. What remains is the manipulation of the cabal, syndicate or free mason because no one does a follow-up,” Bennett alleged.

He said in his case, there was a 2002 and 2004 commission of inquiry and Cabinet and the city council allegedly cooperated so that there should be no investigation. He said a motion was raised in 1998 and the enquiry was held in 2002. Bennett said nothing was done despite the recommendations. He told the commission that his issue was that the then Minister, Lindiwe Dlamini, conducted an inquiry into the sale of plots. That was done but when the report was issued, it was allegedly not made public. A Pigg’s Peak councillor at the time was part of those who allegedly concealed the report. The report, according to Bennett, contained issues of estates, where commissioners, who included Phestecia Nxumalo, made pronouncements. Bennett said the one who was a Pigg’s Peak councillor claimed that the report, after he had enquired about it, was found to be highly defamatory to the extent that it was not wise to release it.

“He was clearly convinced that he was talking to a fool or a fool was before him. I accepted the statement and didn’t respond to it. I went back to the commission. Both of them said it could not be. The one says ‘I am an auditor general and I have been writing reports, they are looked over by the attorney general. The other one is a judge. So how can we write something that is defamatory’? But this is how they have networked, including the PS in the ministry. They suppressed this document. In this document are fundamentals found by people who have certain expertise and can influence legislation and make the environment a better one,” said the former senator. In the finding to sell the plots illegally or otherwise, the finding was allegedly that, Mbabane, Manzini and Matsapha were the worst in selling property illegally.

Meaningless

He said when the court issues costs against the municipality; it is meaningless because no one pays from their pocket. Bennett further said in the report in question, a number of houses that belonged to estates were allegedly sold for outstanding rates and the beneficiaries were not given the balance (change) after the sale. “Some of the change is with lawyers and some of it is with the municipality. This is not new. It happened in 2002. They were selling our plots in town and we went to the King to plead our case and we got the relief sought. The estates are among the properties being sold. What could have happened because Cabinet was condoning the illegalities if city councils because there their favourites there.” When the commission was concluded, the then minister issued a directive. It was recommended that the Rating Act be reviewed and the manner of serving summons. He said an investigation among those who purchased land or plots in execution, could give an indication of what he was talking about. Bennett said others would say he was bringing up issues of more than 20 years ago. He said the bottom line was that theft was committed. He said this was how the administration continued being run, including now that Master’s Office is being investigated.

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