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PEOPLE SHUN MASTER’S OFFICE, PREFER COMMISSION

26/02/2024 10:32:00 Mbongiseni Ndzimandze

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MBABANE - The presence of the Judicial Commission of Inquiry investigating the Office of the Master of the High Court has resulted in people shunning the offices of the latter.

The Office of the Master of the High Court was established in terms of the Administration of Estates Act No.28 of 1902 and is responsible for the administration of deceased’s estates and the winding up of companies. Investigations by this publication have revealed that ever since the commission was introduced, they have seen a growing number of people who no longer go to the Office of the Master of the High Court, but prefer to appear and make their submissions before the Judge Majahenkhaba Dlamini-led commission.

Disputes

Some of those who had turned their back on the Office of the Master of the High Court shared that the reason they felt that their disputes should now be dealt with by the commission was because, for years, they had not been getting any assistance from the Master’s Office, such that some beneficiaries died due to depression. Some said they had lost hope in the operations of the Master’s Office, as their cases had been stalled for many years with no solution. Others alleged that instead of getting help from the Office of the Master of the High Court, they were purportedly being met with hostility from the officers and their hope was now with the commission. So far, there are 145 cases pending before the commission, inclusive of those which are pending in court and being dealt with by the Office of the Master of the High Court.

This has raised concerns from some members of the public, who were of the view that this would create a lot of misperceptions and confusion. So far, the commission has heard submissions in over 50 matters and some of them were heard in camera after a request from those who wanted to make presentations before the commission. “This might generate a lot of confusion, as aggrieved members of the public are now flooding the commission with their complaints and/or disputes knowing very well that same was lis pendens or pending in another forum,” said a legal expert. It has also been noted that a number of the cases that had been brought before the commission are subjudice (under judicial consideration and therefore prohibited from public discussion elsewhere). The commission, which is made up of five judges, was put in place by Chief Justice (CJ) Bheki Maphalala, on January 16, 2024.

Confirmed

Secretary of the commission, Siphiwo Nyoni, confirmed that they had noted that some people ran to the commission while their matters were still pending before the master of the High Court. Nyoni urged members of the public to continue utilising the Office of the Master of the High Court. She mentioned that the commission had not come to take away the work of the officers from the Office of the Master of the High Court. “We have received calls from people with matters which are pending before the master of the High Court, who want to appear before the commission. We would like to urge people to continue utilising that office as it is its duty to deal with such matters,” she said.

Persistent

In his remarks during the establishment of the commission, 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. The Judicial Commission of Inquiry is expected to submit its report within 90 days. The commission may, if necessary, investigate and make findings and recommendations on any other matter regarding the master of the High Court, regardless of when it is alleged to have occurred, on condition that such other investigations, findings and recommendations do not cause any delay in the submission of the report,” reads part of the commission’s terms of reference. It will have powers to determine its own rules of procedures for the effective fulfilment of its mandate.

According to the terms of reference, the Civil Service Act No.16 will apply to the giving of evidence before the commission as though they constituted a court. The commission has the authority to examine and/or review policies, procedures, practices and conduct relating to the operations of the Office of the Master of the High Court. It shall invite oral and written evidence. As part of its powers, it will have the authority to subpoena witnesses to attend and give evidence before it and issue a subpoena for the attendance of a witness and shall be served by a peace officer as if it were a subpoena issued out at the magistrates court.

Document

It has the power to require the discovery and production of any document and/or records it consider relevant to the inquiry. Law Society of Eswatini Secretary (LSE) General Charity when reached comment said: “As the Law Society we still maintain our stance about the commission.” After the commission was established, the LSE wrote to CJ, wherein it presented 22 reasons why he should stop the commission. In the correspondence, the Law Society brought it to the attention of the CJ that the legal authority to establish a commission into the Master’s Office vested in the minister of Justice and Constitutional Affairs, being the minister with responsibility for the Judiciary and the administration of estates. According to the LES, the responsibility was assigned to the minister of Justice and Constitutional Affairs by His Majesty the King in terms of Legal Notice No.189 of 2015.

Meanwhile, Umhluma Women & Youth Foundation Executive Director, Lungelo Zulu said the reasons emaSwati were now flooding the commission, instead of going to the Office of the Master of the High Court, was because they were now confused on what to do as the commission’s terms of reference ought to have succinctly stipulated which matters should be presented and/or brought before it. He said estates stayed for a longer period without being distributed within the six months stipulated by the law. He said emaSwati were taking advantage of the commission because estates remained undistributed for a lengthy period, which was something frustrating to the beneficiaries. Zulu mentioned that the establishment of the commission was a good thing as it would help the country to identify loopholes in the manner in which estates were distributed.