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First liSwati CJ passes away

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The late Chief Justice Bheki Maphalala.
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MBABANE – Chief Justice Bheki Maphalala, the first liSwati to serve as chief justice (CJ) of Eswatini, has died in a South African hospital after a short illness.

Maphalala’s death on Wednesday marks the end of a legal career that saw him rise from private legal practice to the country’s highest judicial office, becoming the first liSwati to serve as chief justice following his appointment in 2015.

His death was confirmed by a close relative, who asked not to be named because he was not authorised by the family to speak publicly about the matter.

Maphalala had remained active in the public space until recently, making his death particularly striking given that he was still dealing with major national issues in the Judiciary only weeks before his passing.

His most recent major public engagement was the release of the report of the Judicial Commission of Inquiry into the Office of the Master of the High Court on August 7.

The commission had handed the report to Maphalala on March 9 after completing its investigation into allegations of maladministration and malpractice in the Master’s Office. The report was subsequently released by Maphalala five months later.

The chief justice said the report had been released as received from the commission, amid questions over whether its contents had been altered. The 487-page report made a number of recommendations, including a lifestyle audit for employees of the Master’s Office and measures aimed at improving the administration of deceased estates.

Maphalala’s death came just 34 days after he publicly released the report.

It was 185 days after the commission formally delivered the report to him.

Before releasing the report, Maphalala had also found himself at the centre of a public debate concerning the independence of the Judiciary.

On July 28, this publication reported that Maphalala had called on the prime minister and other politicians to stay away from the Anti-Corruption Commission (ACC).

This followed comments by Prime Minister Russell Dlamini concerning the fight against corruption and the role of the Judiciary in granting warrants.

Maphalala defended the independence of the institutions involved and maintained that political interference in the ACC would undermine its operations. The Master’s Office probe report came amid a wider public debate about the relationship between the Executive, Judiciary and institutions responsible for fighting corruption.

The CJ’s death came 44 days after that highly-publicised engagement.

Maphalala’s journey to the highest office in the Judiciary began in private legal practice.

After studying Law at the University of the Witwatersrand in South Africa, where he obtained his BProc and LLB degrees, he practised as an attorney under the name Maphalala and Company in Manzini.

In 2009, Maphalala was appointed a Judge of the High Court.

Two years later, in 2011, he was elevated to the Supreme Court, becoming the first liSwati to be appointed a permanent judge of the country’s highest court.

His elevation marked an important moment in the history of the Judiciary, which had for years relied heavily on judges from outside the country.

In 2015, he reached the highest point of his judicial career when he was appointed chief justice.

He, therefore, became both the first liSwati to serve as a permanent Supreme Court judge and the first liSwati to hold the Office of Chief Justice. Independent legal research on Eswatini’s Judiciary also records him as the first liSwati citizen to hold the position.

His appointment followed a period of instability in the Judiciary after the departure of former Chief Justice Michael Ramodibedi, who died in 2019. Maphalala had initially served as acting chief justice before his appointment was confirmed.

Maphalala’s involvement in public affairs also predated his appointment to the Bench.

In 1996, he was appointed as a member of the Constitutional Review Commission (CRC), which was headed by Prince Logcogco.

In 2002, he was appointed to the Constitution Drafting Committee (CDC), headed by Prince David.

These appointments placed him among the legal practitioners involved in some of the country’s important constitutional processes before he became a judge.

He had also spent time at the University of Eswatini (UNESWA), further connecting him to the development of the country’s legal profession.

During his tenure as chief justice, Maphalala presided over a Judiciary that faced considerable pressure, including case backlogs, staffing challenges and demands for improved access to justice.

In July 2025, this publication  reported that the Judiciary was preparing a five-year strategy aimed at addressing a backlog of more than 29 000 civil and criminal cases. The proposed strategy included the establishment of a Criminal Case Clearing Committee and closer cooperation between judicial officers, the police, prosecutors and other institutions in the justice system.

Maphalala was also involved in efforts to decentralise the High Court. In December 2025, the publication reported that Maphalala had raised concern after only 23 of 65 candidate attorneys passed the Bar examination. He urged the Attorney General’s Office and examiners to provide tutorials during articles to improve the candidates’ chances of passing the examination.

Maphalala’s final months in office were marked by some of the Judiciary’s most significant public interventions in recent years.

From the Master’s Office inquiry to the debate over the independence of the ACC and the Judiciary, he remained an active participant in matters affecting the administration of justice.

The Master’s Office report, which he released just over a month before his death, contained 42 recommendations addressing weaknesses in the administration of deceased estates and the functioning of the office.

Maphalala served as chief justice for almost 11 years after becoming the first liSwati to hold the position. He was the longest-serving chief justice in Eswatini.

Meanwhile, journalists from this publication visited one of Maphalala’s homesteads in Manzini, where they found family members who declined to comment on his death, saying they were not in a position to speak about the matter at this stage.

MAPHALALA’S CAREER HIGHLIGHTS

1990 – LAW DEGREE: Obtained his BProc and LLB degrees from the University of the Witwatersrand in South Africa.

1992 – PRIVATE PRACTICE: Started practising as an attorney and later operated under the name Maphalala and Company in Manzini.

1996 – CONSTITUTIONAL REVIEW COMMISSION: Appointed as a member of the Constitutional Review Commission, which was chaired by Prince Logcogco.

2002 – CONSTITUTION DRAFTING COMMITTEE: Appointed to the Constitution Drafting Committee, which was headed by Prince David.

2009 – HIGH COURT: Appointed a Judge of the High Court of Eswatini after years in private legal practice.

2011 – SUPREME COURT: Elevated to the Supreme Court, becoming the first liSwati to serve as a permanent judge of the country’s highest court.

2015 – CHIEF JUSTICE: Appointed Chief Justice of Eswatini, becoming the first liSwati to hold the country’s highest judicial office.

REGIONAL JUDICIAL LEADERSHIP: Served as Chairperson of the Southern and Eastern Africa Chief Justices’ Forum (SEACJF), bringing together chief justices and judges from the region.

INTERNATIONAL JUDICIAL ROLE: Represented the SEACJF on the Bureau of the World Conference on Constitutional Justice (WCCJ).

2024 – SEACJF CONFERENCE: Participated in the regional chief justices’ conference in Uganda, where judicial issues affecting the region were discussed.

2025 – EAST AFRICAN COURT OF JUSTICE: Participated in the Judicial Conference of the East African Court of Justice in Kigali, Rwanda, addressing issues including judicial independence and the rule of law.

2025 – WORLD LAW CONGRESS: Participated as a panellist at the World Law Congress, contributing to discussions on constitutional justice and human dignity.

2025 – SOUTH AFRICAN CONSTITUTIONAL COURT: Participated in the commemoration of the Constitutional Court of South Africa and delivered a keynote address on issues affecting judicial independence, human rights and the rule of law.

2025 – REGIONAL LEADERSHIP ENDS: His term as Chairperson of the SEACJF ended in October 2025, when Malawi Chief Justice Rizine Robert Mzikamanda was elected to succeed him.

2026 – FINAL PUBLIC ENGAGEMENTS: Remained active in judicial affairs, including the release of the Judicial Commission of Inquiry report into the Office of the Master of the High Court on August 7.

COMMUNITY LEADER: Away from the Judiciary, Maphalala served as Headman of KaGwegwe under the KoNtshingila chiefdom. He was remembered by Chief Bhozongo Simelane for his efforts to unite the community and his role in the construction of KaGwegwe Umphakatsi.

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