Africa-Press – Eswatini. Prior to the commission of inquiry into the affairs of the master’s office, the Chief Justice Bheki Maphalala was apparently a man under some pressure – let’s just say, for reforms.
He was under pressure because there were serious concerns raised at Sibaya that put his office under scrutiny, not least because the Law Society of Swaziland had hitherto laid a complaint against his office.
The chief justice was accused by the Law Society of committing impeachable offences by breaking his duty to uphold the constitution, in the appointment of judges, the establishment of the commercial division of the High Court, engaging in the conduct that was in breach of the Leadership Code of Conduct and engaging in conduct that violates his oath of office and judicial code of ethics.
These are very serious and disconcerting accusations that warrant not just the constitutional obligation, but that the judiciary itself to be seen to be concerned.
But neither happened amid deafening silence from both camps, clearly complicit in bringing the judiciary into disrepute especially in being seen to maintain a proper administration of justice and the rule of law.
To the man on the street, the silence is a loud enough statement. The judiciary does not care how it is perceived, or that in fact, the dignity of the courts and the judicial system is not so important over the chief justice’s own.
The entire judiciary eco-system has failed the bigger examination of the laid down process that examine the integrity and dignity of the judicial system by simply folding their hands at a very crucial time.
Thankfully, the judiciary has often been able to self-implode and the setting of the judicial inquiry into the master’s office comes into the fore at a time when there is a lot at stake for not just the chief justice but the judiciary itself.
accountability
The longer that the inquiry has gone on, the more the questions the chief justice will need to answer. In the course of the inquiry, the sheer magnitude of the corruption and incompetence as well as lack of accountability from the office of the master has been laid bare.
More troublingly, the number of cases that have been reported expose the ineptitude of the office and poor or absence of leadership within the department that has allowed those in office to do as they please – including to usurp the powers of the chief justice himself.
This then brings to the fore the pertinent question of what the chief justice intends to achieve with this inquiry? The amount of cases that expose the office of the master has not just seen transgression but clear inefficiencies and alleged misconduct can only expose the very failures of the judiciary itself.
They may even call to question how the inquiry proceeds from here, without the mirror being shifted towards the head of the judiciary. If not, then they point to how poorly the department has been managed to a point of a serious miscarriage of justice for which the chief justice ought to be called to account.
It is difficult to see what he wants to achieve out of this, except to further expose the cracks within the administration of the judiciary that he cannot escape being held accountable for it.
That then leaves the entire exercise a shambles and a desperate attempt to paper over the cracks.
failure
Because, unless the CJ is prepared to deal decisively with the alleged corruption and bribery allegations within the office of the master, then he cannot salvage anything out of this process.
If the chief justice will fail to hold the officials accountable, then the whole inquiry has come at a cost, for both him and the public – for it is a waste of funds and a dismal failure.
Ultimately, the judiciary can’t get the glory that it is desperate for, by its refusal to look at itself in the mirror for all that’s gone on in these past few years.
Equally, the talk show that the inquiry has become only serves to remind us how badly our judiciary has been and how the justice system fails the people when they so desperately need it. It also reflects negatively on the entire eco-system, for it demonstrates how the justice system has been so rotten, judicial officers are so unbothered by the whole thing they are even happy to ask for a bribe openly and unashamedly.
After all, if the judiciary isn’t going to take action when the head of the judiciary is reported for misconduct, it can hardly act surprised if there are a few rotten potatoes around.
You get the sense that it is only a matter of time before something gives, and for the chief justice’s sake, he may pray that this probe helps to change the narrative.
What might just save the face of the judiciary lies in what decision is taken against the officials who are clearly culpable and have been a law unto themselves.
Anything less than action against the officers at the Master’s is inexcusable and a scandal – only worthy of the head of the man at the top of the judiciary.
Until then, the jury is definitely out on the judiciary.
EMCU’s journey of 17 years
The gods are finally smiling at the people of Eswatini Christian Medical University. For quite a while, it had started to look like the ancestors of Pastor Kim and all the Africa Continent mission had long since turned their back on them – and never to look back.
For close to two decades, the pastor and his Korean mission fought to put into reality the dream of a university at Mahwalala. They were of course, sent from pillar to post – and outrightly rejected.
From the first day, the idea that a mission church was going to acquire land and build a university was not just questioned, but laughed at.
If they didn’t laugh at the sheer propensity for it, then they frowned at the very notion of the people behind it. Just unbelievable and an outrageous a combination for it to amount to anything.
But land was acquired. Funding was raised for the construction to start. Still, detractors worked hard to ensure the project never saw the light of day, and at some point, it seemed easier to demolish the structurers they had put up than to continue on the path of setting up a legitimate institution to produce qualified medical practitioners.
Apart from having the door slammed shut in their faces, the people who pulled the strings behind the medical university project were told they were not solid or credible – or even believable – enough to pursue such a project. In this regard, everyone questioned them; questioned their credentials.
Questioned their financial muscle. Questioned their motive. For 17 years, Pastor Kim and his team have held on to the vision and mission of setting up a university in this country – no matter the impossibility of it.
As Christians, firstly, and Korean mission, more importantly, they were to be given the real Eswatini experience – encountering the corrupt and greedy lot that maximised every opportunity to take advantage of the situation against the well-meaning opportunists who were happy to take flak whenever the chance arose.
recruited
In between, there were the good people who stood behind them – through it all. These were very few and far between. A few left along the way, because it got harder by the year, while others changed camps at some point.
But, other good people were recruited along the way and that is how today, there is such a thing called the Eswatini Medical Christian University at Mahwalala.
Largely though, the Africa Continent Mission were given the run around from everywhere – government to politicians and even their own. Even when they turned to royalty, there were mixed reactions and results and it often caused so much frustration and despondency.
So, this building at Mahwalala came to be, I suppose, because they prayed and believed in what they would achieve. It came to be because of good people who eventually showed up and stayed long enough to support the project and offer the stability that was necessary to see this project through.
I suppose it came to be because the corrupt eventually lost and those who came to form their factions decided they could no longer sustain the lies.
accreditation
To this day, the institution stands despite the whispers that it would never see the light of day, or that the people behind it did not have the power and financial muscle to see it through.
It is a pure work of miracle that the Eswatini Medical Christian University stands today and when I read the stories of their accreditation to an even credible institution for the Bachelor of Medicine programme that has been given the blessing by the Eswatini Higher Education Council, I was just overjoyed.
This is what they mean when they say hard work pay off. Those who have been behind the project from the beginning will understand how emotional it is to actually witness this come to fruition, given the history of the project.
Now, the university has partnered with the University of the Witwatersrand for its Faculty of Medicine, which is truly an amazing achievement and an outstanding partnership for this country. It is good news for young people looking to study in this field, and it is good news for the education sector.
I am truly happy for the university because of how far it has come, and how difficult this journey has been for them. I have always believed in this project and am proud to see it succeed – if not for the fact that the bad guys lost!
For me, there is nothing as satisfying as watching the good guys win, perhaps from watching all those movies from childhood! The EMCU is one of those stories that deserve a good ending, if not for the lesson that we should always persevere to achieve the goals we set ourselves, then for the belief in the good of what we believe.
Congratulations to Pastor Kim and Professor Yoon, who have been behind this project and have fought so hard to turn it into reality. I know it has been a rollercoaster of emotions to be where this project is today, and how close it came to collapse. For the people of this country, we want to say thank you.
And, of course, I must mention this, that Minister Owen Nxumalo and his team have earned an incredible feat in having this happen on their shift. Congratulations to him and the previous ministers who stood by this project when it was easy to pull the trigger – just as others tried.
Now, that is truly the definition of ‘Nkwe!’ which is of course, service delivery with speed.
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