By Kwanele Dhladhla
The litany of misconduct and mismanagement allegations against Chief Justice (CJ) Bheki Maphalala could finally be addressed through invoking a provision of the Constitution which speaks to accountability by the highest judicial office in the Kingdom.
Parliament has unanimously voted for Minister of Justice and Constitutional Affairs Prince Simelane to invoke Section 158 of the Constitution.
Section 158 entirely addresses how justices of superior courts could be removed from office.
The constitution states that the justice of a superior court shall not be removed from office except for stated serious misbehaviour or inability to perform the functions of office arising from infirmity of body or mind.
Members of Parliament (MP’s) on Wednesday passed a motion by Mbabane East MP, Welcome Dlamini, who moved that Minister Prince Simelane acts in accordance with Section 158 (10) of the Constitution,
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Which provides for an ad hoc committee to investigate the numerous complaints, bordering mostly on misconduct and mismanagement brought to his attention concerning the CJ’s office.
The ad hoc committee means a committee made up of the minister responsible for justice and Chairman of the Civil Service Commission (CSC) and President of the Law Society of Eswatini.
Mangaliso Magagula currently serves as Chairman of the law society while Simanga Mamba remains Chairman of CSC.
When motivating for the motion to be passed by the August House, Dlamini explained that issues pertaining to the judiciary were sensitive in nature and had engulfed the country for a long period of time.
He mentioned that there continued to be very serious allegations of misconduct and mismanagement that had been levelled against the CJ which warranted immediate action.
The MP stated that apart from complaints and concerns submitted directly to Maphalala through a petition by the Law Society of Eswatini,
there had also been litigants and judicial officers which also raised allegations to the minister which were serious in nature that could not be left hanging.
Dlamini disclosed that the allegations of misconduct and mismanagement by Maphalala had attracted the attention of International Commission of Jurists (ICJ), whom he said recently wrote a letter to Prince Simelane seeking responses as to what was being done by his office in addressing concerns bordering on the CJ’s conduct.
Dlamini said it was therefore prudent to seek Parliament’s approval for the minister of justice and constitutional affairs to invoke provisions of the constitution which help safeguard judicial integrity.
“We trust them (ad hoc committee) to do due diligence on the issue,” Dlamini said.
Seconder of the motion, Hhukwini MP Alec Lushaba, said following the continuous outcry by Emaswati especially during Sibaya it was prudent that stern action be taken to protect integrity of the judiciary as one of the important arms of government.
He emphasised that in the spirit of separation of powers, as enshrined in the Constitution that the judiciary remains independent, they were tasking the rightful structure to address the misconduct and mismanagement allegations leveled against the CJ.
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“It is high time we let the rightful office to do due diligence on the issue in adherence with the supreme law of the land- Constitution,” he said.
Minister Simelane recalled that before getting into office, he was strongly of the view that economic prosperity, peace and general upkeep of the people rested with security forces.
However, he said soon after being appraised with operations of the ministry, he got to understand that the judiciary played a much more crucial role in ensuring economic revitalisation and maintaining the tranquil peace which has existed in the Eswatini since time immemorial.
“It is important that all people are equal before the law,” the minister emphasised.
