Pursuant to the fundamental principles of natural justice, it is highly expected that a Judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might be reasonably questioned.
Judge Mumcy Dlamini is closely related to King Mswati and she climbed the judicial ladder to become the Director of Public Prosecutions(DPP)before being appointed a Judge not because she was among the most intelligent lawyers in the country, but sharing a pillow with Supreme Court Judge Prince Majahenkhaba worked to her advantage.
Now, with the electronic evidence released by this Swaziland News where resigned Army Commander Jeffery Shabalala confirmed that the arrests of the pro-democracy Members of Parliament(MPs) was ordered by King Mswati, it is advisable for Judge Mumcy Dlamini to recuse herself based on reasonable believe that the MPs will not receive a fair trial.
Criminal law was meant to regulate the behavior within the society and where the law has been captured or manipulated to advance political interests by silencing dissenting voices, a Judge is expected to decide such politically motivated cases in a fair, objective and impartial manner.
Judge Mumcy Dlamini is a wife to a member of the royal family whose Head King Mswati allegedly killed dozens of civilians and subsequently ordered the arrest of these MPs.
It should be noted that based on these revelations, what transpired in court so far and the fact that the Judge is closely related to the royal family, Mumcy cannot be trusted with providing justice to the MPs.
It should be noted that the appointment of close royal family members including their wives was systematically meant to enhance Mswati’s absolute power.
As the situation stands, these MPs were arrested by Mswati disguised as National Commissioner William Dlamini, prosecuted by Mswati disguised as DPP Phila Dlamini and they appeared before King Mswati disguised as Judge Mumcy Dlamini who dismissed their bail application, that is absolute power.
An independent Judge must first decide whether or not the accused person is guilty after carefully considering all the evidence laid before him or her.
We can’t expect justice from Mumcy because she is a mere puppet of Mswati and for her to continue climbing the judicial ladder and probably become the next Chief Justice, she knows what to do, subject those opposing the King to injustice to please the authorities.
It’s a pity that there is no justice in this country, some Judges spent years studying law only to have their legal minds castrated and controlled by a ‘low minded’ King whose thinking capacity and intelligence remains questionable.
But despite the fact that legal minds of these Judges like Mumcy were long castrated and captured, they continue listening to submissions and arguments from lawyers as if they will deliver fair judgements yet they consult with Mswati first who controls their minds.
In conclusion, it is important to emphasize that Judge Mumcy Dlamini is conflicted in the case of the pro-democracy MPs by virtue of being related to Mswati who allegedly issued the order to arrest the Legislators.
But because we are in a country where the King uses his ‘kangaroo’ courts and captured Judges to silence citizens who are calling for democratic reforms, the MPs might be appearing before Mswati disguised as Judge Mumcy Dlamini.
Judge Mumcy Dlamini