SAMORA IN POLICE CUSTODY FOR TWO NIGHTS

MBABANE – “You are remanded in custody until there is a human heart in your attorneys.”

This was said by Judge Titus Mlangeni yesterday when he ordered Principal Officer of Eswatini Med, Peter Samora Simelane into custody for failing to present himself in court on Friday for a Eswatini Bank and Eswatini Med case.

For clarity, he is not in custody for contempt of court, but the case on contempt of court brought by Eswatini Bank against him and his entity will be heard tomorrow.

In a simplified explanation of the case, with assistance from a top lawyer: “It’s like someone who is out on bail and the court now wants to sentence him. He then does not come to court and his lawyer is given one hour to find him. The lawyer comes back with an unbelievable story that he can’t find him. The court says the police should go and find him. The police find him and bring him to court, which they did today.”

custody

“The court then orders the police to keep him in their custody until Monday, when the contempt of court case against him and Eswatini Med will be heard.”

Last night, there was an effort to move an urgent application to release him from police custody.

Dressed in a tracksuit, Simelane remained composed as he exited the High Court, moments after receiving a scathing rebuke from the judge for what was described as a lack of compassion towards ill clients in urgent need of medical support.

Simelane, colloquially known as Samora, is a prominent figure in local football, having previously played for and managed Sea Birds Football Club before becoming President of the Eswatini Football Association. He is now expected to spend at least two nights in police custody ahead of his court appearance tomorrow.

miss

As a result, Simelane will miss today’s Ingwenyama Cup final between Moneni Pirates and Royal Leopard, an event he traditionally attends in an official capacity to welcome His Majesty the King, in conjunction with the Premier League of Eswatini chairman. The fixture is broadcast live on South African satellite television channel, SuperSport.

Judge Mlangeni ruled that the appeal filed by Simelane’s legal representatives would not stay the execution of his arrest. The judge clarified that the order to keep him in custody arises from a civil matter which constitutes criminal conduct. The judge expressly thanked the Royal Eswatini Police Service (REPS) for locating and apprehending Simelane pursuant to an arrest order issued on Friday.

“Is it true that he’s in police custody?” the judge queried, requesting confirmation from a REPS representative.

Inspector Akhona Dludlu, Desk Officer at Mbabane Police Station, confirmed to the court that Simelane was indeed held in custody. Judge Mlangeni directed that appreciation be extended to the National Commissioner of police for the swift compliance with the court’s directive.

Simelane was represented by Attorney Sabela Dlamini of Magagula and Hlophe Attorneys. Dlamini, a former footballer who played for Lusushwana Rhinos, which was owned by his late father Prince Mfanasibili, described the judicial order against his client as ‘draconian’. He disputed the jurisdiction of the High Court, referencing the Galp vs. Calu case and arguing that the matter ought to be stayed due to an appeal lodged with the Supreme Court.

Judge Mlangeni firmly rejected this argument, stating that there is no automatic stay of execution in such arrests and reiterating that disrespecting the court is a criminal offence, regardless of its origins in civil proceedings.

interpretation

Supporting the court’s interpretation, Senior Attorney Zweli Jele of Robinson Bertram, representing EswatiniBank, asserted that the Galp-Calu precedent bore no relevance to the current proceedings.

At the centre of the dispute is an interdict obtained by EswatiniBank preventing Eswatini Med from terminating the medical aid membership of 165 of the bank’s employees. The High Court granted the interim interdict in the absence of Simelane and his then-legal representative, Attorney Mangaliso Magagula, who had departed the court following contempt proceedings commenced against him by Judge Mlangeni.

Simelane subsequently informed the court that he needed to secure fresh legal representation and could not commit to observance of the order without being properly represented. The matter was stood down to allow for engagement of a new attorney. When proceedings resumed, the respondents—Eswatini Med and Simelane—were not present and the interdict was granted.

Eswatini Med filed an appeal challenging the interdict, but nonetheless proceeded to terminate the bank employees’ membership on the following Monday. The court heard that the interdict had allegedly not yet been served on the respondents at the time the termination was executed.

urgently

The bank then urgently filed a contempt of court application against Eswatini Med and Simelane. During the hearing on Friday, Judge Mlangeni issued a warrant for Simelane’s arrest after recording that he was absent when the matter was heard. He ordered police to locate and present him to the court within an hour. Following a 90-minute adjournment, Attorney Dlamini informed the court that his client was unreachable and that efforts to contact him via telephone and at his place of employment were unsuccessful.

“Is he usually unavailable?” the judge asked. Dlamini replied, “It happens. He is a very busy man.”

Judge Mlangeni proceeded to issue an arrest warrant and instructed REPS officers, under mandate from the national commissioner of police, to bring Simelane before court.

During submissions before the warrant was issued, Attorney Jele expressed serious concern over the conduct of the respondents’ legal team, alleging that certain legal tactics were being employed to undermine due process.

“It is time this style of litigation comes to an end,” he declared. “Lawyers have a duty to the court and to the law. The conduct of the respondents is clearly improper.”

Jele argued that the termination of memberships was unlawful and premature under the fund’s notice period, and that the order interdicting such action had been ignored. He contended that contempt of court had clearly been established and urged the court to commit Simelane to jail.

interlocutory

Judge Mlangeni noted during exchanges with Dlamini that the interim interdict arose from interlocutory proceedings and that leave to appeal is ordinarily required in such instances. Dlamini countered that the High Court’s order bore finality and, therefore, qualified for appeal, stating, “It is a constitutional issue if one is not afforded an opportunity to be heard.”

He further maintained that the respondents were deprived of their chosen legal representation due to contempt proceedings initiated against Magagula.

The judge queried whether Dlamini was aware that Simelane had previously indicated to the court that he would be instructing a different attorney. Dlamini replied that he was not privy to that information, adding that both the client and attorney should not be excluded from proceedings.

Simelane remains in custody and is due to reappear in court tomorrow as the matter continues.

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