By Zweli Martin Dlamini

In terms of Swazi Law and Custom,uMphakatsi is referred to as “IndluNkhulu”, the Chief remains the traditional leader who exercise powers and preside over cases or community disputes on behalf of the King.

But even before the matters are referred to the Chief, in terms of our Customary Law,there’s a family(uMndeni) and Lusendvo being the highest Council that adjudicates on family disputes within the jurisdiction of the Family Court(Endlini ka-Gogo).

In any community or Chiefdom,the Chief works through Indvuna, BaNdlancane(Inner-Council), eMadvuna and uMgijimi.

Worth-noting,eMadvuna are the heads of tigodzi,they normally welcome cases referred to uMphakatsi by the Family Courts,these are cases that were dealt with and not concluded at family level,there’s a difference between Indvuna(Governor) and Lidvuna(Deputy Community Governor).

Lidvuna heads sigodzi and report to Indvuna who is the right-hand man of the Chief and under normal circumstances,cases are presided over by BandlaNcane and residents can only appeal to the Chief.

Indeed, those who are not satisfied with the Chief’s ruling can then approach Ndabazantu, the Regional Administrator(RA) and the Ludzidzini Council.

Now,Chief Nkamane of Lwandle is alleged to be implicated in the sale of a home belonging to the late Moneni senior citizen Sibhadvula Sihlongonyane,the home was sold by alleged Makoti Nomphumelelo Mahlalela to ex-police officer Sailus Dlamini and Nomphumelelo subsequently disappeared.

It is very unfortunate to see a whole Chief being dragged into such a dispute where the Customary Law was grossly violated.

In siSwati,a home with direct and indirect beneficiaries cannot be sold, our culture has been manipulated by those entrusted to preserve it for corrupt gains.

The late Moneni senior citizen Sibadvula Sihlongonyane,the grandfather of Brian Sihlongonyane had children and grandchildren and in siSwati,that home belongs to them.

I built my home in a land that was allocated to Prince Msimudze through Liphovela leNkhosi LaFakudze and when allocating me that piece of land,my grandfather warned me that it’s not for sale but will benefit even my children, he said “my children are his children”.

In siSwati children inherit the home,land or properties of their fathers or grandparents, allowing ‘Makoti’ to sell the home of her father-in-law(Babetala) was a huge blunder committed by Chief Nkamane and,it has never happened  in Swazi Law and Custom.

But I am told that after we published the story,Brian Sihlongonyane was summoned by the Chief this week for a dialogue, the Chief must just reverse the sale of the home and allow the children and grandchildren of the late Sibhadvula Sihlongonyane to occupy their grandfather’s home.

The buyer must compensated with an alternative land by the Chief who committed this blunder and demand his refund from the seller.

Before the King appointed a Chief, we had a similar problem in my area, the illegally established Bandlancane of LaMgabhi eTiyeni at that time was allowing people to buy homes.

We had a case in my family where one of my fathers evicted his wife(Make Lomncane) and sold the home to a police officer,I had to forcefully evict the police officer and allocate the home back to the children of Make Lomncane who are my brothers.

The home is situated next to a rock where my grandfather used to relax in the 1990s while we looked after his cattle(kwelusa),those memories are priceless to me.

So I fully understand why Brain Sihlongonyane is fighting for the return of his grandfather’s home, childhood memories of growing-up with grandparents are priceless, the Chief must correct this blunder.

But I applaud Brian Sihlongonyane for being a man,we will be following-up this matter to its finality as it boarders around Swazi Law and Custom.

It’s very unfortunate to note that,some Chiefs have become so corrupt such that,they even accept cows or money from people who illegally purchase homes and render orphans homeless.

Chiefs are supposed to be asking hard questions from people who approach uMphakatsi seeking permission to sell their homes,uphi umfati wakho?. Baphi bantfwana?.Uphi umndeni?. Utsengiselani?,Luphi Lusendvo.

In siSwati a home,does not belong to an individual,it might be built by the man but it automatically becomes an institution and it belongs to the entire family.

Children would say “Likhaya laBabe”, the father would also say “Likhaya laBabe” referring to his father but when entertained well by his wife in bed he can say “kukaLaZibani”.

The wife would say “Likhaya lebantfu,ngeke ngikwente loku emtini webantfu”, knowing very well that the home was built by her and her husband, this is part of our culture.

A man cannot just wake-up in the morning and sell a home even if it was built by him with his own money,the wife and children are part of the family, angiyiteki-ke yaMakoti lowatsengisa likhaya laSibhadvula Sihlongonyane Babetala wakhe, na-Shifu wavuma,ngumhlolo!!!