Africa-Press – Eswatini. Supreme Court BIG Tree Filling station director Nurane Calu has made startling allegations about being pressured to sell his business to a former senator acquainted to a judge.
This transpired in the latest court action initiated by the businessman at the Supreme Court, where he wants the whole panel of five judges adjudicating in the review proceedings pertaining to the protracted court battle pitting his company and fuel supplier Galp Eswatini to recuse themselves. Nurane filed the application for recusal after the entire bench put their foot down and insisted on adjudicating on the matter when a complaint was raised in court.
Composition
Among some of the reasons advanced by the businessman on why he was unhappy about the composition of the panel was that the presiding judicial officer, Justice Phesheya Dlamini was allegedly acquainted to former senator Ngomuyayona Gamedze, whom he claims had routinely pressurised him to sell the Matsapha-based filling station to him.
In a deposed affidavit, Calu informed the court that he was approached by Gamedze when the matter between his company and the fuel supplier, Galp Eswatini was still pending in the courts back in 2015.
He said the approach was through a telephone call, and began in a friendly manner. However, he alleged that when he rebuffed the advances by the former senator, the tone changed into an intimidating nature, where he was told that he was inviting trouble for himself by not cooperating.
The businessman then informed the court that he was aware that the former senator was acquainted with the presiding judge Dlamini (Phesheya) and that the pair had at some point discussed the issue of the filling station at a certain eatery located around Malkerns.
“I was aware that the former senator was friends with his Lordship Justice SP Dlamini together with the late senator Mike Temple. At around the same time at Malandela’s Restaurant in Marlkens, the former senator in the company of the late Mike Temple and his Lordship stated that we are just wasting time because they will get the business whether I like it or not,” alleged the businessman.
He said around the same time, he was being subjected to more pressure from Galp Eswatini, which was forcing him to hand over the keys to the business by August 31, 2015. He said this was after the fuel supplier had obtained an order evicting him from the business premises, a decision that was successfully challenged at the Supreme Court.
“Given that His Lordship was friends with former senator Gamedze and was with him when he made the utterances about wanting the business at Malandela’s Restaurant, I am uncomfortable that His Lordship can hear this matter where his friend had previously expressed an intention to acquire.
I do not believe that His Lordship would be impartial in this matter given that his friend wanted the business and was in a meeting with him on at least one occasion where this was discussed,” he said.
The businessman was also apprehensive of the fact that Judge Dlamini had recently expressed his opinion in an almost similar matter involving KaFolish Filling Station and Total Eswatini, where the adjudicating panel ruled in favour of the fuel supplier.
In the KaFolish/Total matter, Calu said the judge had expressed an opinion to the extent that a retailer or business owner could be evicted without compensation for the business.
In addition to the complaint about Judge Dlamini, the businessman also expressed his uneasiness about two other members of the adjudicating panel, being Judges Mbutfo Mamba and Majahenkhaba Dlamini, for the sole reason that they had previously dealt with the Big Tree and Galp dispute in its early stages.
On the aspect of the pair of acting judges Andreas Lukhele and Sabelo Masuku the businessman said their recusal should be motivated by the fact that they had been appointed by Chief Justice Bheki Maphalala who had a pending complaint against him which emanated from the same court case.
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