Africa-Press – Eswatini. His Majesty King Mswati III has relieved High Court Judge Sipho Anthony Nkosi of his duties.
This newspaper understands that the notice removing the judge of the high court has been issued and is, therefore, no longer employed by the Judicial Service Commission. He has been removed from the high court for his serious misbehaviour, for which he was impeached last year. removal
The notice removing Nkosi from office is known to have been signed last month, although sources said he has effectively been notified about his removal this week.
According to the notice, it states that; “In exercise of the powers conferred to me by Section 158 of the Constitution of the Kingdom of Eswatini, and Ingwenyama of of Eswatini, I hereby remove Sipho Anthony Nkosi as Judge of the High Court for his serious misbehaviour,” states the notice.
Further, the notice mentioned that Nkosi’s removal is with effect from date of signature of the notice, signed by His Majesty at Lozithehlezi on February 23, 2022. Judge Nkosi was impeached for alleged professional misconduct, where it was alleged that he absented himself from work and failed to write judgments, amongst other transgressions.
Judge Nkosi is the fourth judicial officer to be removed after Judge Thomas Masuku, Mpendulo SImelane and the late Chief Justice Michael Ramodibedi who, after impeachment, were removed as judges of the High Court of Eswatini in September 2009 and June 2015, respectively.
hauled
Impeachment is the process by which a legislative body formally levels charges against a high official of government. It does not necessarily mean removal from office; it is only a formal statement of charges, akin to an indictment in criminal law, and is thus only the first step towards removal.
Impeachment proceedings against Judge Nkosi were arranged by the Judicial Service Commission (JSC), and Nkosi was hauled before a tribunal to determine his fate.
concerns
However, he did not appear to defend himself, only choosing to submit a letter to the Ludzidzini Council, raising various concerns about his treatment as judge of the High Court, in addition to alleging, among seven complaints, that he was not given working tools while executing his duties. He, therefore, appealed to Liqoqo to urgently intervene by advising Ingwenyama about ‘alleged and blatant’ breach of the Constitution by the CJ, in a 12-page memorandum.
The judge challenged his suspension, accusing the chief justice and the JSC of jumping the gun and breaching the constitution.
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