By Zweli Martin Dlamini

Judge Titus Mlangeni once made a comment inside court emphasizing the significance of respecting court orders whether you agree or disagree with the judgement because defying a court order, undermines the rule of law and public confidence in the country’s justice system.

The Honorable Judge was on point, we can disagree and criticize Judges but, court orders must be respected because democratically, “rule of law” means “it is the law that rules” and therefore decisions made by Judges as interpreters of the law, must be respected.

But in this country, we are witnessing a very disturbing precedent where the Executive under Prime Minister Russell Mmiso Dlamini defies court orders with impunity, the Teaching Service Commission (TSC) and President of the Swaziland National Association of Teachers (SNAT) Mbongwa Dlamini’s reinstatement, the National Commissioner and the Police Union are some of the cases where the Executive Arm of Government showed a middle finger to the Judiciary.

Subsequently, Judge Abande Dlamini of the Industrial Court delivered a fair judgement in the Government and Spokesperson Alpheous Nxumalo’s case but, Prime Minister Russell Mmiso Dlamini is refusing to release Nxumalo’s outstanding salaries.

The Judiciary is one of the most sensitive Arm of Government and once it loses public confidence as a result of deliberate defiance by the Executive, even investors will question, cast aspersion in the justice system and re-consider their decisions to invest in this country.

Before undermining or defying court orders, the Prime Minister must understand the damage caused by his stupid political arrogance, whether you agree or disagree with the Government Spokesperson, he must be paid his outstanding salaries as per the order of the Industrial Court.

The Judiciary is an institution or Arm of Government tasked with the administration of justice, it’s just that when the court speaks, it delivers judgements through Judges, you can disagree with the Judge as a judicial officer but, respect the court because the Judiciary is an institution.

A Judge can be taken or challenged in court, this means the Judge is not the court and when criticizing Judges, we must guard against exceeding the limit and end-up, undermining the authority of the Judiciary or the court because by so doing, we are creating or promoting a culture of impunity.

It is therefore important to warn politicians particularly the Executive not to mess-up the justice system just because, they want to demonstrate that they are powerful and can defy court orders.

Government Spokesperson Alpheous Nxumalo’s outstanding salaries are withheld not by delays caused by the Government payment systems but by Prime Minister Russell Mmiso Dlamini’s political ego, he is demonstrating to Nxumalo, Judge Abande Dlamini, Civil Service Commission (CSC) Chairman Simanga Mamba and all those who want to see justice in the Alpheous Nxumalo’s case that he is the Prime Minister.

Maybe others will ask themselves why I am calling for justice for Alpheous Nxumalo, I strongly believe in fairness and the rule of law, we can’t destroy State institutions and undermine public confidence in the justice system just because we want to teach Nxumalo a lesson or mock him because by so doing, we are promoting a culture of impunity and impunity might, create public disorder.

The primary purpose of the law is to regulate human conduct or behavior, maintain social order, peace and safety while providing a structured framework for society. 

Indeed, the law protects individual rights, resolves disputes, and establishes standards for acceptable conduct, Alpheous Nxumalo approached the court amid violation of his rights as a Government employee, the court ruled in his favor.

But in conclusion, perhaps let me advise the King to cast a close eye on Prime Minister Russell Mmiso Dlamini, his conduct is very questionable and a threat to the functioning of key State institutions in this country.

The Prime Minister first attempted to regulate the media, undermined Parliament resolutions and the law by refusing to release a R50million subvention due to The Luke Commission and now, he is defying a court order just to show Nxumalo and CSC Chairman Simanga Mamba that he is the Prime Minister.

Abuse of power and injustice must be condemned, it doesn’t matter whether it’s Government Spokesperson Alpheous Nxumalo, SNAT President Mbongwa Dlamini or any citizen at the receiving end.