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‘WESLIANS’ CASE: JUDGE’S RECUSAL VERDICT NEXT WEEK

21/09/2024 08:27:00 Machawe Fakudze

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MBABANE – Postponed!

This is the hearing in the recusal request directed at High Court Judge Bonginkosi Magagula in the ongoing relegation saga involving Manzini Wanderers and Denver Sundowns.
The application was made by Jimoh Moses legal representatives LN Dlamini and Associates. The Sundowns Captain, Moses’ representatives want Magagula to step down from hearing the matter, as they feel that his judgement will be biased, as they allege that he has ties with one of Wanderers officials.

The matter was before the same Magagula when it was postponed this past Tuesday, where he requested that he be furnished with written proof that indeed, he had ties with the official.
The matter was back in court again yesterday, where Moses’ legal team headed by Advocate Lucas Maziya submitted that the ‘Weslians’ official was indeed a friend to the judge; they alleged that Ikappa Kappa Chief Executive Officer (CEO) Elvis Dube highlighted that the official sits in the Premier League of Eswatini (PLE) as a board of governor.

Challenge

Magagula, on the other hand, said he could not take verbal arguments as he requested LN Dlamini and Associates to bring written evidence and would not have a challenge in stepping down. “Please bring the written link, and I will recuse myself,” Magagula said. Maziya then said they were also told that there was an alleged legal form that the official’s name appeared in, which was with the PLE, but they could not access it without a court order. Manzini Wanderers Legal Representative Charlie ‘Minga’ Jele, from SM Attorneys, requested the application by LN Dlamini and Associates should be dismissed as there was not enough evidence for the judge to recuse himself.

“The matter should be finalised as the registration of players is closing today (yesterday),” Jele said. Magagula, after hearing the submission of both parties, postponed the matter to September 25, 2024, where he will give the verdict on whether he will recuse himself or not. It is worth mentioning that Wanderers intend to file an application to the High Court to stop all MTN Premier League matches involving Moneni Pirates pending the finalisation of the matter. Pirates can be relegated if Wanderers win the protest against ‘iKappa Kappa’.