By Zweli Martin Dlamini

MBABANE:Chief Justice Bheki Maphalala allegedly violated the judicial code of conduct by presiding over a warrant of arrest application filed by the Director of Public Prosecutions(DPP) and the Anti Corruption Commission(ACC) linking his close friend SwaziPharm Director Kareem Ashraff and by extension, his own daughter Pholile Maphalala.

The CJ dismissed the application and blocked the arrest of Ashraff without declaring that “he is a close friend to the businessman” and that his own daughter was suspended by the Ministry of Health for allegedly colluding with Ashraff and other suppliers to loot public funds.

Pholile Maphalala holds a senior procurement position within the Ministry of Health, she is not yet facing arrest but, was suspended pending further investigation into the disappearance of public funds.

It is alleged that, apart from being close to Ashraff, the Chief Justice is fully aware that, the arrest of Ashraff will result to other arrests and his own daughter will go to jail.

Efforts to reach Pholile Maphalala proved unsuccessful at the time of compiling this report, her colleague Senior Procurement Sincendile Dlamini demanded to know the story first before sharing Pholile’s contact details.

“Tell me the story first.Ngicocele kucala lendzaba lomfunela yona,” said the Senior Procurement Officer with a record sound in the background signaling that, she was recording the conversation.

Reached for comments by this Swaziland News, lawyer Sibusiso Nhlabatsi said, Judges are obligated in terms of the judicial code of conduct to recuse themselves in matters that involve a relative or a close friend.

“Recusal comes in two(2) ways, it’s either the Judge voluntarily recuse himself/herself or an application is filed by the lawyers. But we encourage Judges to recuse themselves without any application if they know that they are conflicted,” said the lawyer. 

Chief Justice Bheki Maphalala had not responded at the time of compiling this report while SwaziPharm Director Ashraff said he can’t comment on matters pending in court.

The Chief Justice is highly expected to deliver a judgment with reasons why he dismissed the warrant of arrest application against Kareem Ashraff and others.