MBABANE – The incoming executive of the Law Society of Eswatini had been looking forward to engaging Chief Justice Bheki Maphalala on issues affecting the Judiciary and the legal profession, but his death has brought that anticipated engagement to an end.
The Law Society said it was particularly saddened that it had not had an opportunity to meet and engage Maphalala as a major stakeholder in the administration of justice.
In a statement mourning the death of the chief justice, the Law Society said it had anticipated meaningful discussions with him on matters affecting the Judiciary, the legal profession and the broader justice system.
The society said those engagements were expected to be guided by a shared commitment to strengthening the rule of law and improving the delivery of justice. The statement comes following the death of Maphalala, who was the first liSwati to serve as Chief Justice of Eswatini.
Maphalala died in a South African hospital on Wednesday, after a short illness. Maphalala’s death brought to an end a legal career that saw him rise from private legal practice to the country’s highest judicial office.
He was appointed a High Court judge in 2009 before being elevated to the Supreme Court in 2011.
His appointment to the Supreme Court made him the first liSwati to serve as a permanent judge of the country’s highest court. Four years later, in November 2015, he was appointed chief justice. He served in the position for almost 11 years and was the country’s longest-serving chief justice. The Law Society described his death as a loss not only to his family, but also to the administration of justice, the legal profession and the country.
It said the office he occupied carried significant constitutional responsibilities. “The Office of the Chief Justice carries immense constitutional significance and responsibility, and his departure leaves a void within the justice system,” the society said.
During his tenure, Maphalala dealt with several matters involving the functioning of the courts, the legal profession and institutions linked to the justice system.
One of the matters that featured prominently during his final period in office was the Judicial Commission of Inquiry into the Office of the Master of the High Court. The commission was established in January 2024 to investigate allegations relating to impropriety, maladministration and abuse of power within the Master’s Office. The commission was chaired by retired Supreme Court Judge Majahenkhaba Dlamini.
The inquiry examined, among other issues, the administration of deceased estates, the Guardian’s Fund, the appointment and supervision of executors and the efficiency of the Master’s Office. The commission eventually completed its work and submitted its report to Maphalala.
The report was released publicly in August, shortly before his death.
It contained 42 recommendations and highlighted structural, administrative and operational weaknesses within the Master’s Office.
However, the inquiry had also been a source of disagreement between Maphalala and the Law Society.
This publication reported last month that the Law Society maintained its position that the commission had allegedly been unlawfully established.
The society had previously written to Maphalala objecting to the establishment of the inquiry.
Its position was that the chief justice allegedly did not have the legal authority to establish the commission and that such authority vested in the minister for Justice and Constitutional Affairs under the Commissions of Inquiry Act.
The society had, however, stated that it supported an investigation into the affairs of the Master’s Office, provided that the investigation was established by the proper authority and conducted independently and impartially.
Despite the disagreement, the Law Society’s latest statement does not dwell on the dispute.
Instead, it focuses on the engagement it had hoped to have with Maphalala on broader issues concerning the justice system. The society said it was regrettable that Maphalala had died before the incoming executive could embark on the engagement it had anticipated. “It is, therefore, with regret that we mourn a leader with whom we had hoped to embark upon that important engagement,” the society said. In the statement, the Law Society stated that its incoming executive had hoped to discuss matters affecting the Judiciary, the legal profession and the broader justice system with Maphalala.
The society said it remained committed to advancing professional excellence, judicial independence, access to justice and the continued strengthening of the legal fraternity.
The relationship between the Judiciary and the legal profession had featured in several developments during Maphalala’s tenure.
In one such development, Maphalala raised concerns over the performance of candidate attorneys in the Bar examination. This publication reported last year that the chief justice had lamented the number of candidates who failed the examination. The issue was part of wider discussions around the training and admission of aspiring lawyers into the profession.
Questions surrounding the moderation of Bar examination results had also previously delayed the admission of about 50 aspiring lawyers.
The issue demonstrated the importance of interaction between the Judiciary, the Law Society and other institutions responsible for legal education and professional admission.
Maphalala also remained involved in broader national issues concerning the justice system until shortly before his death. In July, this publication reported that he had rejected claims attributed to Prime Minister Russell Dlamini concerning the Judiciary’s role in the fight against corruption.
Maphalala said politicians should stay away from the operations of the Anti-Corruption Commission.
He said he had convened a press conference in his capacity as chief Justice to respond to issues raised by the prime minister in Parliament.
The exchange was among the latest public interventions by Maphalala on matters concerning the administration of justice before his death.
His final major public engagement was the release of the Master of the High Court inquiry report on August 7.
His death therefore came at a time when he remained involved in issues affecting the country’s justice system.
The society said it would continue pursuing professional excellence, judicial independence, access to justice and the strengthening of the legal fraternity.
It called on the nation and legal fraternity to honour Maphalala’s memory by upholding the values of justice, integrity and service to the people.
The Law Society extended its condolences to Their Majesties, the Government of Eswatini, the Judiciary, the bereaved family, the legal fraternity and the nation.
Leave a comment