Africa-Press – Eswatini. Chief Justice Bheki Maphalala has overseen the appointment of at least 26 judges in his tenure as the country’s head of the Judiciary and the appointment of these judges has put an about E1.8 million strain on the public service monthly wage bill.
This is exclusive of the various appointment of magistrates for the various courts on a permanent and acting basis. The last batch of the appointment of judges by His Majesty King Mswati III at the recommendation of the Judicial Service Commission (JSC), chaired by the Chief Justice (CJ) Maphalala occurred this past Thursday when 11 were appointed with eight of them on a permanent basis.
It should be noted that judges are remunerated at E60 346 as a basic salary each, excluding a further inducement allowance of E4 563 and an entertainment allowance of E2 281. The chief justice, on the other hand, is paid a basic salary of E73 051 monthly and a further E5 524 inducement allowance and E2 767 entertainment allowance.
The chief justice was formally appointed to the position on November 10, 2015 having been the acting CJ after the previous office holder, Michael Ramodibedi, had been dismissed by the King for serious misbehaviour in June 2015. Throughout his tenure in office, he has overseen the appointment of at least 26 judges deployed at the High Court, Supreme Court and Industrial Court.
The main function of the Judiciary is to adjudicate and to interpret Acts of Parliament and the common law. Additionally, the Judiciary has the power to issue out orders or directions as may be necessary to ensure law, peace and order is maintained and is independent and subject only to the Constitution.
The country’s Judiciary comprises the courts of general jurisdiction, the Supreme Court, High Court and Magistrates Courts and other specialised courts, such as Swazi or Customary Courts. In addition, there is the Industrial Court and the Industrial Court of Appeal which are specialist tribunals whose jurisdiction is confined to labour disputes.
The judges of the superior courts (Supreme and High Courts) and the specialist tribunals are appointed by the King on the advice of the JSC while magistrates are appointed by the JSC.
Appointed
Officers (President) of the Swazi Courts which administer Swazi Law and Custom are appointed by the King independently of the Judicial Service Commission.
This week His Majesty the King appointed 11 judges for the various courts, including Justices Mbutfo Mamba, Sabelo Masuku, Muzi Agrippa Motsa, Velaphi Zakhele Dlamini, Judith Mary Currie, Andreas Lukhele, Lungile Msimango and Magreit van Dewalt while Justices Mabandla Manzini, Thami Dlamini and Banele Ngcamphalala were appointed on an acting basis.
Their appointments were announced by the Chairman of the JSC Maphalala on Thursday.
The CJ announced that three of the judges were appointed to the Supreme Court. These are; Judges Mbutfo Mamba, Judith Currie and Van der Walt.
When Judge Mamba was appointed, he was an acting judge of the Supreme Court. Judge Currie was also an acting judge of the Supreme Court. Judge Van der Walt was initially appointed to the Industrial Court of Appeal. She has, however, been moved to the Supreme Court.
Judge Sabelo Masuku, who is Chairman of the Commission on Human Rights and Public Administration/Integrity, has been appointed a judge of the High Court on a permanent basis. His appointment came at a time when he was an acting judge of the Supreme Court. The senior attorney was with the law firm, Howe Masuku Nsibande Attorneys. He was the only judge to be appointed to the High Court on Thursday.
Justifying the appointments this week, the chief justice said, as the Judiciary, they were happy that His Majesty the King had appointed new judges at a time when the country’s courts had a backlog of cases.
“We are happy as a Judiciary that His Majesty has appointed new judges at a time when the country’s courts have a serious backlog of over 2 000 cases,” said the chief justice.
Maphalala said regarding the acting judges, they would continue to engage government, with the assistance of the Minister of Justice and Constitutional Affairs, Pholile Shakantu, for the posts they needed.
He also stated that they hoped that the acting judges would become permanent since they had been acting for a long time.
In March this year, Zonke Magagula, Bonginkosi Magagula, Bongani Sydney Dlamini and UNESWA Law Lecturer Khontaphi Manzini were appointed as permanent judges of the High Court.
Other judges who were appointed under the chief justice include Justices Cyril Maphanga, Doris Tshabalala, John Magagula, Nkosinathi Maseko, Bonginkosi Magagula, Mazwi Mavuso and Abande Dlamini. Others include Lorraine Hlophe, Dumisile Dlamini, Manene Thwala, Maxine LaNgwenya and Sipho Nkosi, who was removed as judge early this year.
Maphalala has always implored government to continue creating posts for other judges to assist in upholding the laws of the country and further improve the quality of judicial service in the superior courts of the land.
He said the ongoing appointments would definitely contribute positively towards the reduction of the backlog of cases at the High Court and the Industrial Court.
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