Africa-Press – Eswatini. Judge Abande Dlamini says he was implicated as once being a PUDEMO member, in order to get him to recuse himself from Mbongwa Dlamini’s matter.
The judge, who dismissed Mbongwa’s application for his recusal yesterday, found that the grounds raised by the latter were baseless and unfounded. Judge Dlamini also said Swaziland National Association of Teachers (SNAT) President Mbongwa’s apprehension, that he would be biased, was unreasonable. In his judgment, Judge Dlamini said he learnt that there was an attempt to implicate him as a member of the proscribed People’s United Democratic Movement (PUDEMO). “All this was done in the quest to get me to recuse myself from this matter,” said the judge. The judge said he would not be intimidated into removing himself from hearing Mbongwa’s matter. Mbongwa wanted the judge to recuse himself from a matter, which he initially filed under a certificate of urgency, seeking to have the decision of the chairperson of the Teaching Service Commission (TSC) and the TSC, reviewed and set aside on the basis that they dismissed a preliminary point he had raised at the start of his disciplinary hearing before the commission.
Application
The matter initially appeared before Judge Faith Ng’andu. Before she could even hear it, Mbongwa swiftly moved an application that Judge Ng’andu should recuse herself from his matter. He claimed that the court was not properly constituted because Judge Ng’andu was allegedly not appointed constitutionally. Mbongwa said the judge did not meet the constitutional requirements to be appointed as a judge. Judge Ng’andu recused herself from the matter and it came before Judge Dlamini. Mbongwa moved another recusal application; this time against Judge Dlamini and raised a number of reasons, which he said disqualified him from sitting and deciding his dispute against the TSC. Mbongwa’s first ground for Judge Dlamini’s recusal was that he did not qualify to be a judge because he, according to the SNAT president, was admitted as an attorney of the High Court of Eswatini in 2003 or 2004. In the judgment, Judge Dlamini said he brought it to Mbongwa’s attorney, Lucky Howe, that he was admitted as an attorney of the High Court in the year 2000. Howe, according to Judge Dlamini, changed tune and informed the court that his client must have had the wrong information about his year of admission as an attorney.
The second recusal ground was that Mbongwa claimed that Judge Dlamini was known to him personally. According to the judge, Mbongwa said he and Judge Dlamini were very close acquaintances, since the days when he (judge) was still serving his articles with Attorney Domenic Mngomezulu. Judge Dlamini denied serving articles under Mngometulu. He said when it was pointed out to Howe that he served his articles between 1998 and 1999, with the law firm Mngomezulu Mnisi Attorneys, and that when he started serving his articles in 1998, Attorney Mngomezulu had already died, ‘he (Howe) again informed me that his client must again have had the wrong information about me’.
Bars
Mbongwa further stated that he regularly met up with Judge Dlamini and that they frequently went out to have drinks at various bars in Manzini, including at Kai-Kai Bar. The judge said Mbongwa also mentioned another bar at Ngculwini, called Pixies, where he said he also hung out with him. “Interestingly, when I again brought it to the applicant’s attorney (Howe) that I have never even on a single day hung out and shared drinks with the applicant (Mbongwa), Mr Howe was dumbfounded. “I brought it to Mr Howe’s attention that in February of this year, I celebrated my 50th birthday and that my wife had only invited my closest friends and acquaintances to my celebration. The applicant was not among the invitees. If indeed, as he claims, he is my acquaintance and close friend as he says he is, he surely would have feasted with me and the rest of my close friends and acquaintances,” said Judge Dlamini.
Friendship
Mbongwa, said the judge, argued that their friendship went further to the extent that when he purchased one of his vehicles, a Mercedes-Benz, he (judge) called him to inform him that he had bought the said vehicle in South Africa and showed it off to him. “I am surprised at the lengths to which the applicant could go to fabricate an acquaintance relationship with me, which he clearly knows has never existed. To start off, I never purchased my vehicle in South Africa. I purchased the said vehicle from a local Mercedes dealership, which at the time was based in Ezulwini at The Gables Mall. It is, therefore, clearly a figment of the applicant’s imagination that I purchased my vehicle from outside of the country,” the judge said. Another reason advanced by Mbongwa for the judge to recuse himself was that he previously dealt with a matter in which he was one of the deponents to an affidavit where SNAT was among the respondents.
Mbongwa, said the judge, claimed that after the court had ruled in favour of the minister of Labour and Social Security, he (Mbongwa) met him (judge) in Manzini. Judge Dlamini said Mbongwa claimed to have informed him that the reason they (unions) had lost that matter was because they involve political parties. The judge said: “It is baffling that, if indeed such a meeting took place between me and him, why did he not at the very least inform his attorneys about our alleged meeting and what we discussed, so that they could take it up and have my decision appealed or even reviewed? Again this shows the lengths to which the applicant is prepared to traverse for me to recuse myself from sitting and determining his matter.”
Challenging
The judge pointed out that about two years ago, he dealt with a matter involving Mbongwa and the TSC, in which he was challenging his transfer from Mhubhe High School to Moyeni High School, where he is currently stationed. According to Judge Dlamini, Mbongwa had no qualms with him sitting and determining his matter. He said he dealt with the matter to completion. “If indeed, as the applicant alleges, we are acquaintances and close friends, he would have applied for my recusal in that matter but he never did. This goes to show that the alleged relationship the applicant alleges he has with me is just a figment of his imagination, and only a ploy by him to have me unjustifiably recuse myself from his case.” Mbongwa also brought up an incident where he said the judge shot and injured a certain individual, in self-defence. To show that Mbongwa was clutching at straws, according to the judge, in his quest to have him recuse himself from his matter, the SNAT president stated that the judge was facing criminal charges arising out of the incident, which happened at Kai-Kai.
Judge Dlamini said Mbongwa should have done more research on the allegations he brought forth because he had never been criminally charged for the said incident. “For him to support his quest for my recusal with lies is an indication of the lengths to which he is prepared to go to make a mockery of the judicial system,” the judge added. In conclusion, the judge found that Mbongwa’s application should fail in its entirety. The court issued no order as to costs, but mentioned that: “…this is one matter that is screaming for an order that the applicant be mulcted with a punitive order for costs, for the blatant lies he told to the court to get me to recuse myself.” Assistant Attorney General Mbuso Simelane appeared for government in the matter.
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