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WHAT A MESSY AFFAIR

By SIBONGILE SUKATI | 2024-01-29

I knew there was a reason I stopped being interested in the law, way back in the 2000’s after my graduation.

Besides the fact that I could not get a job then, I think I have previously highlighted that one lecture was once more interested in me than my grades. It did not help that he made life miserable for a boyfriend then, who was also an LLB student.

Anyway, I’ve said this before, I think the reason I turned my back on law was also because it was nothing like you watch on the American TV shows, I mean how many lawyers have been held in contempt by one of our judges even if it is just to spend a weekend behind bars, boring this whole thing is.

I do however tolerate lawyers because some of them are my closest friends and are quite a brilliant lot. However, I question some of the cases they decide to take on, giving some hope to their clients that the matter is even winnable.

For example during the national elections last year there were a number of losing contestants who wanted their matters to be heard in court. I will not go into the specific details of the arguments, but even a Grade 0 child could in some instances tell that these particular individuals would never win no matter what.

However, for some reason some lawyers took up the cases and needless to say they lost.

So about two weeks ago Chief Justice Bheki Maphalala set up a commission to probe alleged corruption among other issues in the Master’s Office.

About a week later after day 1 of the sitting of the commission chaired by Supreme Court Judge Majahenkaba Dlamini, the Law Society of Eswatini penned a 19 paged letter to the CJ telling him to stop the probe because he did not have the powers in law to institute such and was usurping the minister’s (Prince Simelane) powers. Although initially the lawyers had stated that they were against this probe being appointed by the CJ they were not firm in their call.

This strong call comes after the first sitting had taken place and several lawyers names were mentioned. Whether they did anything wrong is not for me to judge.

I think the lawyers had enough time to have strongly had their objection heard. I mean the CJ announced the commission, waited a whole three days before they were sworn in.

Another two days skipped and finally the commission sat last Wednesday listening to those who were aggrieved as they appeared before it.

A day after, it is only then that the LSE sits down and writes this letter. And do not get me wrong, their points seem very valid, but they have written to the person who is supposed to be almost know it all in the law field so where does that leave us ‘laypeople’?

The Society has also mentioned that the CJ himself challenged a parliamentary investigation on the same matter and it was stopped.

So because I left law school during recess and never looked back why can’t the lawyers file a case in court stopping this circus that this is all turning out to be. Or is this the first step, like a letter of demand? I just think the society had too much time to action this before the commission started sitting.

This will be an interesting battle I must say because it is all legal minds involved (bo my learned friends). So what does it say of the commissioners who are all currently judges in the Courts of the land?

Should have they told their boss, the Chief Justice, that what he was commissioning was beyond his powers? What are their legal minds saying right now? To borrow from Zakhona this is one serious ngcangancanga.

Perhaps I was not paying attention when the CJ announced the commission. These are all sitting judges in the courts so what happens to matters that they are supposed to hear once the courts are open which I understand is sometime this week?

Do we not already have a backlog in cases? These are all questions that need answers, but ke Eswatini being Eswatini, sometimes, it is taboo to ask such questions. I also wish to know who will be paying the commission these sitting allowances, is it the taxpayer. On top of that the judges will also get their regular monthly salaries and allowances? It’s a lot.

If memory serves me well the law society already has a gripe with the CJ in general, so with this new mess in our hands it is definitely us, the ordinary citizens that will suffer.

I cannot foretell how this will end, but one thing is for sure the Master’s Office and the lawyers involved in making some shady dealings when it comes to these estates issues will have to pay one day.

It may take a while, but something has to give, commission or no commission.

Please send feedback to skysukati@gmail.com

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