MAGISTRATE IGNORES HIGH COURT ORDER, CHARGES BANDLANCANE

MANZINI – Manzini Principal Magistrate Florence Msibi, has laid criminal charges against three Nyakeni Inner Council (Bandlancane) members, who had brought a court order to her court.

The accused persons are; Mike Mango (78), Richard Mdluli (55) and Kwanele Tfwala (42). Mango and Mdluli are members of the Inner Council, while Tfwala is the Secretary of Nyakeni Royal Kraal. According to a source privy to what happened on July 11, 2024, the trio went to court with the intention to deliver a court order, which was issued by a Judge of  the High Court of Eswatini, Zonke Magagula. He said the court order was in respect of Nyakeni Indvuna (Headman) Bhekithemba Magagula, who had been sentenced to seven days imprisonment, without the option of a fine, for purported perjury. The headman is a Crown witness in the case of a community member who was taken to court by his brother, for allegedly defying a ruling of the royal kraal, which the indvuna endorsed.

Refused

The indvuna was sent to prison for seven days on July 8, 2024, for allegedly being a hostile witness. This was after he purportedly refused to confirm the royal kraal ruling, as it had already been appealed and the royal kraal had not laid a charge against the accused. The source alleged that when the trio arrived in court, they were attended by a court clerk, who then notified the principal magistrate about their visit. He claimed that the principal magistrate instructed the court clerk to call them to her chamber. However, he purported that afterwards, the principal magistrate, through one of the court orderlies, called one of the senior police officers from Manzini Police Station. Upon the senior officer’s arrival at the principal magistrates’ chambers, the source alleged the judicial officer told him that there were people from Nyakeni and she wanted to hear what they wanted.

After that, he alleged that the trio was called into the chamber and after they had introduced themselves, the principal magistrate reportedly asked them why they were there. In response, he alleged that Mango told the principal magistrate that he was there to deliver documents, which he was given purportedly by the Registrar of the High Court’s Office, to drop at the magistrates court, as the case (which the documents were about) was allegedly not supposed to be tried by the magistrate.

Position

Thereafter, the source claimed that the principal magistrate asked him who exactly gave him the documents, which supposedly had no meaning to her. Furthermore, the source claimed that the principal magistrate also asked him what his position was - to deliver such documents.  He alleged that the principal magistrate asked these questions because there were procedures the High Court had to follow when talking about a matter which was ongoing at the magistrates court.  “She said even the attorney general also knows such,” the source claimed.

He alleged that Mango purportedly could not be clear who had sent him. He claimed that the principal magistrate was irritated by Mango’s actions and she informed the trio that such act were tantamount to defeating the ends of justice and that they were interfering with a case which was still ongoing in court.  After that, he alleged that the principal magistrate called upon the prosecutor to prepare a charge for them. He said they were then taken to Manzini Police Station, where they were formally charged.

Obstructing

In count one, they were charged with the offence of defeating and obstructing the ends of justice, in that on July 11, 2024, while they were at Manzini Magistrates Court, they purportedly obstructed or defeated the proper functioning of the criminal justice system by obstructing the principal magistrate in the execution of her lawful duties and further tried to pervert the course of justice in a matter that she was currently ceased with.

On the other hand, they were charged with contempt of court. According to the charge sheet, on July 11, 2024, while they were at Manzini Magistrates Court, they purportedly attempted to interfere with the principal magistrate in the discharge of her duties, by attacking her in her chambers and thereby violated the dignity, repute and authority of the said court.
The trio are currently out on bail, which was fixed at E3 000 for each and the matter is still pending before court.

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