Africa-Press – Eswatini. Minister of Justice and Constitutional Affairs Prince Simelane has pledged to write a letter to Chief Justice (CJ) Bheki Maphalala, informing him of serious allegations on alleged maladministration of justice raised in the august House.
In further initiating a call for a comprehensive dialogue among key stakeholders, the soft-spoken minister of the Crown last week sought Parliament’s approval to seek audience with the CJ, the justice ministry’s Parliamentary Portfolio Committee, the attorney general (AG), director of public prosecutions (DPP) and senior government officials.
This was in a bid to convene a workshop where the contentious issue of separation of powers and independence of the judiciary will be comprehensively unpacked.
This comes in the wake of confidential information which has been seen by the Sunday Observer, which might spark another legal debate as to when the CJ issues a warrant of arrest in accordance with the Prevention of Corruption Act of 2005.
The aim of all the stakeholders putting heads together, according to the minister, is to address a series of concerns that have surfaced regarding the Chief Justice Bheki Maphalala and the functioning of the judiciary.
This move, according to the minister, underscores a proactive approach to foster transparency, accountability, and ultimately, uphold the rule of law in the country.
Listing the stakeholders that he wants to see collaborating for resolutions, the minister said it was the Law Society of Eswatini (LSE), parliament portfolio committee, the ministry of justice and the chief justice.
This follows the litany of concerns that have been raised concerning the chief justice by both parliament and the LSE.
The minister said he would write to the chief justice, informing him about some of the concerns raised by Parliament.
He said the intention of the letter was to seek an audience with the chief justice, where they would address some of the concerns raised by not only members of Parliament, but also the law society.
Central to this initiative is the recognition of the significance of dialogue and collaboration in resolving complex issues affecting the judicial system.
Simelane emphasised the necessity for all concerned parties to come together and engage constructively in finding viable solutions.
The minister said his wish was for the judiciary to meet with the parliament portfolio committee, the ministry of justice, the Law Society and the Attorney General’s Office.
The minister said these parties must meet and come up with a solution, which will resolve the impasse.
“There should be a solution on this issue, it must not be something that is always making news without solutions as that is not helping anyone,” Prince Simelane stated.
Prince Simelane brought up the issue which was raised in parliament, where MPs asked that he sends a delegation which will go and visit His Majesty King Mswati III to report concerns about the chief justice.
The minister said he made it clear that the right people who could do that were the speaker of parliament and the prime minister. He said even then that must happen if there had been a motion approved by the house.
One of the pivotal points raised by Simelane pertains to the term lapse of the Judicial Service Commission (JSC), a body tasked with overseeing judicial matters. He underscored the importance of having a functional JSC in addressing such critical issues, expressing a willingness to channel concerns through the appropriate channels if the commission were operational.
Moreover, the minister acknowledges the recent scrutiny faced by the judiciary, questioning the sudden shift in perceptions regarding its independence. He highlighted the historical track record of the judiciary’s effective operation since the nation’s independence, thus prompting reflection on the factors contributing to the current discord.
The minister said he was surprised by the recent turn of events, where there were concerns on the judiciary.
“What has changed now, why is the independence of the judiciary being questioned,” the minister asked. He said the infighting was not portraying a good picture of Eswatini.
The minister went on to state that even the Law Society of Eswatini had raised concerns on the powers of the chief justice.
‘The Law Society has raised concerns, saying the CJ does not have power when it comes to setting up the commission of enquiry (Master’s Office probe), now the world is shocked when it notes that the legal experts are at each other’s throats and seemingly there is no one who is coming up with a solution,” Prince Simelane stated.
Prince Simelane said even foreign investors would first consider the safety and security of the country before they invest and if they realised that the country was not stable, they might not be interested in investing.
Disclosed
The minister disclosed that in light of these developments, it was imperative for all stakeholders to prioritise dialogue, transparency, and adherence to constitutional provisions in resolving the current impasse.
The minister’s call for a collaborative approach resonated with the call made by LSE on the need for inclusive decision-making processes that foster trust and confidence in the judiciary’s ability to uphold justice impartially.
The Law Society has had complaints against the CJ, including the administration of justice and rule of law and the role the Law Society could play in matters of the law in the country and the law profession’s participation in broader issues. It has been gathered that the LSE has been trying to have an audience with the CJ to no avail.
Justice
Following last week’s elections, re-elected LSE President Mangaliso Magagula disclosed that as LSE, they would be addressing the issue of administration of justice in the country.
In 2022, LSE formally lodged a complaint against the CJ for allegedly committing impeachable acts of serious misbehaviour. The complaint was lodged in terms of Section 158 of the Constitution. The complaint was submitted to the Civil Service Commission Chairman, Simanga Mamba and then minister of Justice and Constitutional Affairs, Pholile Shakantu.
LSE has also been reported to have this time around written to the Prime Minister Russell Dlamini, raising the concerns against the chief justice, to stop the Judicial Commission of Inquiry currently probing the Master of the High Court Office for alleged gross maladministration, abuse of power and embezzlement of estate monies.
The society said the chief justice’s actions in establishing the commission without legal authority were unlawful and invalid and no legal consequences could arise from an unlawful act.
The chief justice earlier this year, as reported by our sister publication Eswatini Observer, stated in no uncertain terms that no minister of the state should abrogate to himself the power of administrative control and supervision over the judiciary, as such conduct was unconstitutional.
The statement by the CJ was in response to a declaration by the Minister of Justice and Constitutional Affairs Prince Simelane, who disclosed that the ministry had not been officially notified of the appointment of five judges into the Judicial Commission of Inquiry into the Master of the High Court’s Office.
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