By Zweli Martin Dlamini

MBABANE:Chief Justice(CJ) Bheki Maphalala will allegedly benefit over one hundred thousand Rands(R100,000.00) as a backpay to be paid to his cop wife ‘Mdee’ Tsabedze in terms of the Supreme Court junior police officers salary increment judgement.

But apart from that, close analysis of the Supreme Court judgement suggests that, the Chief Justice granted the police officers a salary increment that, they never applied for hence Government might use those loopholes to apply for a review.

Suspended police officers approached the court seeking to declare their suspension unlawful but the Chief Justice went on to direct the eSwatini Government to implement the Phase two(2) salary increment for junior police and Correctional Services officers.

The Chief Justice delivered the judgement without declaring that, his wife LaTsabedze “is a also a police officer and therefore”, he stands to benefit directly from his own judgement through the implementation of the widely reported Phase two(2) salary increment.

A conflict of interest is described as corruption in terms of the Prevention of Corruption Act 2006 but if declared, it then becomes a defense and justification that “there was no intention to engage in corruption”.

Mayiwane Member of Parliament(MP) Sicelo KhungaNkhosi Dlamini who raised the matter in Parliament acted ethically by declaring that, he “is also a police officer” entitled to Phase two(2), MPs allowed him to continue moving the motion after declaring his interest in the matter.

Efforts to seek a comment from the Chief Justice proved unsuccessful at the time of compiling this report.

It has been disclosed through close analysis of the judgement that, the ruling might not be implementable on the grounds that, it doesn’t state how the Phase two(2) must be implemented and it remains unclear how the Supreme Court granted a prayer that was never applied for in the court papers.

Judges are not allowed to award litigants a ‘whale’ when they have applied for a ‘fish’ but lawyer Professor Msibi from Magagula Attorneys, when sharing a legal opinion on the matter, said even though the judgement “provides justice for the police”,  the manner in which it was delivered, is highly questionable.

“Firstly, let me clarify your point where you are alleging that, the Chief Justice might have been wrong to grant a prayer that was never applied for. When you draft court papers as a lawyer, you normally apply for “further and alternative relief to accommodate any prayer that might be relevant to the issue but was, for whatever reasons, forgotten.That relief must be relevant to the main prayers”, said the lawyer.

The lawyer who was speaking to this Swaziland News on Monday evening, described the Supreme Court judgement as a victory for junior police and  Correctional Services officers but, accused Chief Justice Bheki Maphalala of failing to recuse himself thus undermining the whole judgment.

“I don’t know how the lawyers for Government failed to apply for a recusal but, the Chief Justice was supposed to recuse himself voluntarily as he is married to a junior police officer. As a Judge, even if the recusal was not applied for, you can recuse yourself if you feel, a reasonable person will cast doubt on your judgment based on conflict of interest or any other issue that might comprise you in the matter”, said the lawyer.

In a statement released recently, Government Spokesperson Alpheous Nxumalo said,the Supreme Court judgement awarding junior security officers a salary increment will be reviewed because of exceptional circumstances.

“Government has, upon examining the Supreme Court judgment on the issue of Phase II salary restructuring for junior national security officers, concluded that there exist exceptional circumstances that warrants a review of the said judgment.Accordingly, Government is processing an application for review of the judgment”, reads the statement in part.

On another note, lawyer Professor Msibi clarified that, even though the Chief Justice failed to recuse himself, the entire judgement “is in the interest of justice” adding that,police officers must receive a salary increment under Phase two(2).

“This is a good judgment but, what the CJ did was wrong. You will recall that he fired Ramodibedi and Judge Mpendulo for presiding over a matter to which they had direct interest.Nangu yena nyalo wetfula judgment where he will benefit not even indirectly but directly from his wife”, he said.

Junior police officers are entitled to over one hundred thousand Rands(R100,000.00) back-pay, the wife to the Chief Justice will also benefit as a result of a judgement delivered by her husband.