TRIBUNAL’S WARRANT OF ARREST FOR LAWYER

MBABANE – The Law Society of Eswatini Disciplinary Tribunal has issued a warrant of arrest against lawyer Sabelo Bhembe of Bhembe Attorneys.

The issuance of the warrant prompted Bhembe to file an urgent application in the High Court to have it overturned.
The warrant was issued after Bhembe was subpoenaed to appear before the tribunal in the matter between him and Eswatini Women’s Properties Multipurpose, and he did not attend on certain dates.

In the proceedings he has instituted in court, Bhembe provides reasons why he was unable to appear before the tribunal on the stated dates. The court yesterday stayed execution of the warrant pending finalisation of Bhembe’s application to review, correct and set aside the decision of the tribunal to issue the warrant. The matter, which is opposed by the tribunal, will be argued before Judge Bonginkhosi Magagula on March 6, 2025.

Bhembe also wants the court to order chairman of the disciplinary tribunal to dispatch to the registrar of the High Court the record of proceedings sought to be corrected or set aside, together with reasons for its decision. According to court documents, Bhembe is challenging the decision made by the disciplinary tribunal, which led to the issuance of the warrant. In his application, he submitted that the tribunal’s decision is unlawful and irregular, citing procedural flaws and a violation of his right to be heard.

“I have a clear, or at least a prima facie right, to the order sought since the order by the tribunal as it stands constitutes a punishment when I had not been afforded an opportunity to be heard, much against the rules of natural justice,” Bhembe stated. The veracity of these allegations is still to be tested in court. The respondents are yet to file their answering papers.

Subpoenaed

Bhembe’s founding affidavit details a sequence of events that culminated in the arrest warrant. He states that he was subpoenaed to appear before the tribunal on February 14, 2025, to provide clarification on a written explanation he had previously submitted. Due to ill-health, he said he instructed his colleague, Xolani Mthethwa, to appear on his behalf and request a postponement.

Mthethwa confirmed in a confirmatory affidavit that he informed the tribunal of Bhembe’s medical condition and requested a postponement to dates between March 4 and 6, 2025. However, the tribunal granted a postponement only until February 26, 2025, and also ordered Bhembe’s medical practitioner to provide an affidavit explaining the duration of his medical leave.

Bhembe asserts that he was unable to attend the February 26 hearing due to ongoing medical treatment. He argued that his medical practitioner had advised him to rest until February 25, and he had to attend to other court matters during that time. He provided a new medical certificate to the tribunal on February 26, 2025.

The tribunal then issued a warrant for his arrest, ordering him to be detained at His Majesty’s Correctional Services until his appearance on March 7, 2025. Bhembe argues that the tribunal’s decision violates the principles of natural justice, specifically the ‘audi alteram partem’ rule, which requires that a person be heard before a decision affecting their interests is made.

He further contends that the tribunal was improperly constituted during the February 14 hearing, as it consisted of only two members, contrary to the Legal Practitioner’s Act and Disciplinary Tribunal Regulations. He also argues no new subpoena was issued after February 14, and that the reason for his absence was properly relayed to the tribunal.
Bhembe argues further that the matter is urgent due to the potential infringement on his personal liberty and the disruption to his legal practice. He said his incarceration would severely impact his health and livelihood. 

The matter is pending in court.

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