MBABANE: “The decision by Chief Justice(CJ) Bheki Maphalala to appoint a Commission of Inquiry into allegations of corruption within the Office of the Master of the High Court is a gross violation of the Commission of Enquiry Act of 1963”.
This was a legal opinion of a highly regarded Judge who was reacting to a story published by this Swaziland News on Wednesday, after CJ Bheki Maphalala announced a compromised team of Judges as members of the Commission of Enquiry that seeks to investigate corruption within the Office of the Master of the High Court.
It has been disclosed that,the Judges are compromised in that, they report directly to the Chief Justice who stands accused of looting public funds within the Office of the Master of the High Court, the CJ previously stopped an independent investigation by a Parliament Select Committee that was seeking to investigate the allegations.
The Judge first sent a copy of the law to this journalist on Wednesday afternoon before taking call where he stated categorically that, the powers to appoint the Commission of Enquiry vests with the Justice and Constitutional Affairs Minister.
“As you can see in the law, the Commission of Enquiry Act of 1963 empowers the Minister to appoint a Commission of Enquiry not the Chief Justice. Furthermore, I have seen in your article where you are suggesting that the Office of the Master is under the Judiciary, that is not true.The Office of the Master is a public office funded by public funds like all public offices. The question is; why must the Office of the Master be under the Judiciary because it has got nothing to do with the Judiciary, it’s just that it’s called the “Master of the High Court” but it doesn’t belong to the High Court and Chief Justice can’t tell the Master what to do. The Master is governed by the Administration of Estates Act so bayaganga nje laba. It’s just that I am a Judge and cannot comment openly bangaze babone nalokutsi siyakhuluma.But ungabhala utsi ukhulume neLijaji or send a copy of the law to Nhlabatsi,he can articulate it well for you,” said the Judge.
The Judge further mentioned that, the decision by the Chief Justice to appoint the Commission of Enquiry must be challenged adding that, the only lawful Commission must be announced by Justice Minister Prince Simelane.
Section three(3(1,2,3) of the Commission of Enquiry Act of 1963 reads;
“Any Minister may, by notice in the Gazette, issue a commission appointing one or more commissioners, and may therein provide that one or more members shall constitute a quorum for the purpose of the enquiry.In the absence of a direction to the contrary under section 4(3)(c), the enquiry shall be held in public but section 7(4) of the Subordinate Courts Proclamation (Cap. 20) shall, mutatis mutandis,apply to proceedings of the commissioners.Any Minister may, in appropriate circumstances, and for a specific purpose and with the approval of the Cabinet,appoint, by notice published in the Gazette, a committee on such terms and conditions to carry out a specific work,mission or task,as the case may be”.
A brief research conducted by this publication suggests that, Judge Thomas Masuku together with Prince Gcokoma and others, were once appointed by the then Justice Minister Chief Maweni Simelane to investigate similar allegations of corruption within the Office of the Master of the High Court, the report was then made public.
On another note, the Judge whose name cannot be revealed for ethical reasons maintained that, the Office of the Master of High Court is under the jurisdiction of the Executive Arm of Government like all public offices.
“Wake wayibonaphi Commission of Enquiry lengabekwa Sibaya outside the Commission of Enquiry Act?. The law is clear that it’s the Minister, the Office of the Master falls under the Ministry of Justice”, said the Judge.
It is alleged that,Chief Justice Bheki Maphalala who is also suspected of corruption within the Master’s Office appointed Judges who are loyal to him to investigate the allegations.
Efforts to seek a comment from Justice Minister Prince Simelane proved unsuccessful at the time of compiling this report.
The Judges announced by the CJ on Tuesday include Judge Majahenkhaba Dlamini,Judge Mzwandile Fakudze,Judge Lorraine Hlophe,Judge President of the Industrial Court Sifiso Nsibandze and Judge Maxine LaNgwenya.
“I have appointed these Judges to listen to the public outcry in the administration of the Master of the High Court Office and I’m confident that they will work independently”, said the Chief Justice.
Justice Minister Prince Simelane.