Mbongwa Dlamini,the President of the Swaziland National Association of Teachers(SNAT) was dismissed by the Teaching Service Commission(TSC) without a disciplinary hearing, Sibusiso Shongwe, a highly experienced lawyer and former Justice Minister is a member of the TSC and was part of that unlawful decision.

But in all this, I remembered one Family Court Meeting(endlini ka-Gogo) where by grandfather Prince Mgungu was the Chairman, we had opened a case against one of my fathers who was seeking to sell land without the consent of his wife in gross violation of our family law.

We made submissions before the Chairman of the Family Court and the accused defended himself, my late grandfather was a National Court President(Ndabazabantu) and well-versed with eSwatini Law and Custom.

After the submissions, my grandfather said “ngiyaniva boNkhosi senibekile, mine ngigadze kuva kutsi utsini LaMakhanya umniyo walendzawo, uyavuma yini kutsi kutsengiswe?.

After the wife responded and made it clear to the Chairman that she was vigorously opposed to the sale of the land and that, her husband was doing all this to enjoy the money with a new wife(Sincanakazane), my grandfather said;

“Kopha sitowentani lana boNkhosi ngoba umniyo wendzawo LaMakhanya sewuyijubile indzaba, uyaladvula kutsi kutsengiswe indzawo yakakhe”.

The Family Court adjourned and Makoti won the case against her husband, some of us who testified in her favour were happy with the ruling.

Even in terms of our eSwatini Law and Custom, you don’t take a decision without a fair hearing, violating the accused or individual’s right to be heard is an act of injustice.

But I’m highlighting all this to bring to the attention of the reader that, the right to be heard, before any decision is taken against you is and, remains the fundamental principle of justice.

Indeed, you don’t need to study law and be a lawyer to understand that, even decisions of the Family Courts or Traditional Courts cannot be regarded as fair if the accused’s right to be heard was violated with impunity.

SNAT President Mbongwa Dlamini’s right to be heard was violated by the TSC, a State institution whose members include a lawyer and a former Justice Minister, they did all this to teach the influential unionist a lesson while disregarding the fundamental principles of justice.

I am not suggesting that, lawyer and TSC member Sibusiso Shongwe is solely responsible for the decision, the dismissal was adopted by the Commission and by extension, it’s actually a Government decision in terms of the principles of vicarious liability.

But the Tinkhundla undemocratic regime has  systems in place to persecute individuals with different political views while analyzing the situation, those behind these politically motivated persecutions would then use the same systems including the courts, to self-correct while portraying the Judiciary as independent.

It’s like being kicked by the foot and while in pain, the owner of the foot, sends the hands to touch and comfort you, the mouth to kiss you saying “sorry the foot acted unlawfully”.

But the foot, the hands and the mouth belong to the same person or body and therefore, the decision by the hands and the mouth to comfort you, should be considered a self-correction measure to reverse the atrocities committed by the foot.

When this game of power is played, those who don’t understand politics will praise the hands and the mouth, when in fact body parts are working collectively and part of one person who unleashed the foot to kick you.

Maybe, we can applaud the hands and the mouth but we must always remind those body parts that, they are actually part of the entire body that kicked and persecuted SNAT Mbongwa Dlamini.

In this regard, the TSC is the foot that kicked SNAT President Mbongwa Dlamini out of class in what was a clear act of unlawful dismissal and, Judge Zonke Magagula and/or the Judiciary is the hands and the mouth that comforted the unionist.

Both the TSC and the Judiciary are part of the ‘body’ that persecuted Mbongwa being the Tinkhundla undemocratic regime.

Without entirely discrediting the Judiciary as if everything about that Arm of Government is wrong,the fact is; we have Judges in this country with full capabilities to adjudicate on matters and deliver fair judgements.

But hunger, corruption and political interference compromise their independence, their salaries are very low and this was intentionally meant to control them.

Even if we can have the very same Judges in a new democratic dispensation, we can build a very strong and democratic justice system, the problem here is King Mswati and his undemocratic Government who weaponize the Judiciary against those with dissenting political views.

I’ve read some judgements by Judge Sabelo Masuku, Judge Qinisile Mabuza, Judge Mumcy Dlamini, Judge Zonke Magagula, Judge Manene Tfwala, Judge Mbutfo Mamba, Judge Lungile Msimango, Judge Titus Mlangeni and even Chief Justice Bheki Maphalala among other Judges where the State had no interest, these Judges would deliver fair judgements.

In some of the fair judgements, one could even doubt that, those rulings were delivered by Judge Mumcy Dlamini, in the matter of the pro-democracy Members of Parliament(MPs) Bacede Mabuza and Mthandeni Dube, the ‘Judge’ was King Mswati who was controlling Mumcy Dlamini.

In some of the ordinary cases where the State does not have any interest, these Judges would deliver fair judgments.

A judgment is not only the ruling but how the Honorable Judge articulates the law before coming to that conclusion, gives one a better understanding with regard to capabilities of that particular Judge in delivering fair judgments.

It is therefore important to mention that, the State is trying to restore the credibility of the Judiciary after convicting pro-democracy Members of Parliament(MPs) Mduduzi Bacede Mabuza and Mthandeni Dube on politically motivated terrorism charges m, by allowing some Judges to preside over certain politically motivated cases without interference.

The SNAT President Mbongwa Dlamini and the junior police officers Phase two(2) salary increment cases are some of the matters used to restore the credibility of the courts.

Tinkhundla remains an undemocratic but well organized system, you need intelligence to understand some of this cruel regime’s tactics.

The question is; why was Mbongwa Dlamini dismissed in first place, even my grandfather would have ruled in favour of the SNAT President if the matter was before him endlini ka-Gogo.

But we applaud Judge Zonke Magagula for this ruling, where the Honorable Judge has delivered a judgement in the interest of justice, we have a reason to praise him, criticism will always follow where he “has blundered”.