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CJ laments bar exam failures, late objections

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Chief Justice Bheki Maphalala with the newly-sworn in attorneys after their admission yesterday at the High Court. (Pic: Kwanele Dlamini)
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MBABANE – In the midst of the celebratory atmosphere as 19 candidate attorneys were sworn in and admitted as fully-fledges lawyers yesterday, Chief Justice Bheki Maphalala lamented the number of bar exam failures.

The event commenced just before 9am, with the chief justice recognising the presence of parents and university students in attendance.

During the admission and swearing-in of the candidate attorneys, the chief justice spiced the formal proceedings with occasional jokes.

For instance, he remarked: “It is the first time some of you are holding a Bible today.” When photographers took pictures, he would pause and then request: “One more pic, please.”

Excitement was evident on the candidate attorneys’ faces. Ululating was heard after certain names were called. A notable instance was when Vuyo Mbingo, son of Eswatini Observer Managing Editor Mbongeni Mbingo, who had been attached to the Robinson Bertram law firm, was called.

Nkosisalusile Dlamini had a similar effect on her accompanying friends and relatives. Hugs, high-fives and congratulations were exchanged throughout the courtroom and outside.

The chief justice concluded the ceremony by taking a group photograph with the newly-admitted attorneys and wishing them well in their careers.

After his departure, the new attorneys continued to take pictures with their loved ones and celebrations extended beyond the premises of the High Court.

Maphalala spoke about the results of the recent bar examination, noting that out of the 65 candidate attorneys who sat the examination, only 23 were successful.

“This is a great concern to me. I have urged the honourable attorney general and examiners to conduct tutorials for candidate attorneys throughout the duration of their articles, so as to assist them on what to expect from the Bar Exam.”

Maphalala pointed out that it was unsatisfactory for such a large number of candidate attorneys, 42, to fail. He said there were various reasons for this outcome and urged the examiners and the Office of the Attorney General to work towards improving the pass rate.

The chief justice said he had been advised of four objections to the petitions for admission on the basis of residence. The affected petitioners are candidates of Zimbabwean origin.

They are Nqobile Muringani, Vimbainashe Kimberly Machinda, Hakhesa Machevele and Lincoln Tendai.

Maphalala said it was not appropriate for the Law Society of Eswatini and the Attorney General’s Office to allow the affected individuals to become candidates for such an extended period only to object to their petitions at the final stage.

He urged the candidates whose petitions were objected to, as well as the Law Society and Office of the Attorney General, to ensure they are assisted to comply with the Legal Practitioners Act.

The chief justice postponed their petitions until January 31, 2026, to allow them time to get their house in order and comply with the Act. He stated that if they failed to do so, he would set down the matter for arguments when the first court session begins next year. He emphasised that he hoped it would not come to that.

*Full article available in our publication

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