• Breaking News – Eswatini Sugar Association generated over R7billion revenue despite global challenges,Chief Executive Officer(CEO) Banele Nyamane says $98million circulating within the economy.
Swaziland News Logo

OPINION:Chief Justice Bheki Maphalala interpreting the Constitution in his favour to incubate corruption in the Master’s Office,doctrine of the separation of powers must be contextualized.

Friday, 26th January, 2024

In the Holy book(Bible),we are told about God in his trinity being God the Father,the Son and the Holy Spirit,these are the three(3) Governing Arms of the Kingdom of God.

Even thou God the Father acts as the Executive Arm or the supreme ruler, the are powers that were delegated to God the Son(Jesus) and this arm, is one of the most important because it is the way,the truth and the life.

This means anyone who wants to seek an audience with God the Father and have eternal life,must come through Jesus, the Son.

Then there’s God the Holy Spirit, Jesus said all sinners will have their sins forgiven except those who insulted the Holy Spirit.

This means Jesus Christ being the forgiver of sins respects the other Arm being the Holy Spirit and hold him in high regard.

Jesus gave the Pharisees permission to insult and unjustly criticize him saying this will be forgiven but,not insults directed to the Holy Spirit.

Indeed,it was the power of the Holy Spirit that rose Jesus Christ from the death and he also used that power to perform miracles.

The Holy Spirit was always there to protect and strengthen Jesus,even at Getsemane,it strengthened him when he felt weak.

Jesus was once asked when he would come back and he responded, saying he doesn’t know the exact date, only God the Father knows.

This means each of the three(3)Arms of the Kingdom of God have certain powers but God in his trinity, is one(1).

Now,Chief Justice(CJ)Bheki Maphalala who upsurged powers of the Justice Minister Prince Simelane being powers of the Executive, and went on to appoint a Commission of Enquiry into allegations of corruption within the Master of the Court’s Office is failing to understand a basic principle, there’s only one(1) Government with three(3) arms being the Executive,the Judiciary and the Legislature.

The doctrine of the separation of powers suggest that,the three(3) arms are independent but they work together for a common purpose,to serve the people, preserve peace and stability while maintaining order in accordance with the rule of law.

The role of the Executive arm of Government in this regard, is to appoint the Commission of Enquiry and those who felt it was unlawfully appointed will then challenge the Justice Minister by approaching the courts.

Even in the context of God’s Kingdom in his trinity,God created Heaven and Earth by speaking the Word,the Word of God is Jesus Christ who dwells within God the Father.

Chief Justice Bheki Maphalala was supposed to initiate the Commission of Enquiry through Executive arm of Government being the lawful authority, the  Judiciary dwells within Government, courts are not a separate Government, there’s only one(1) Government with three(3) arms.

Furthermore, theres a valid reason why these powers were separated and one of the reasons was to ensure that,one arm of Government hold the other accountable to ensure transparency while the other arm implements decisions of the other.

Judges, without the police and Correctional Service Officer and the entire Government are powerless, when convicting a suspect, their orders must be implemented by the law enforcement agency including the Executive arm, otherwise that court order or judgment will be a useless piece of paper.

The Chief Justice appointed Judges to investigate the Master of the Hig Court’s Office,those who are aggrieved or against the establishment of the Commission must challenge it before Bheki Maphalala’s courts.

Already,the CJ has turned the legal procedure upside down obviously, for his own corrupt motives.

Well, we may never know but, the Chief Justice might have deliberately appointed the Commission unlawfully so that, should he be implicated, he will advice others to challenge it in court and then sit on the judgement chair either in person or through a Judge of his choice and dismiss the report.

This is a judicial mafia game with a corrupt motive, the Chief Justice wants the Commission to be useless from its inception, automatically, the report will not be implementable.

Supreme Court Judge Majahenkhaba Dlamini must just resign together with the other Judges, they are wasting their time not unless, their intentions from the beginning, was to be part of a Commission whose findings or recommendations won’t be implementable.

Clearly the CJ interprets the Constitution in his favour, if it’s true that, the Judiciary is working in isolation, let’s see if Maphalala won’t approach the Executive arm of Government asking for funds to pay allowances for the Judges who were appointed into the Commission of Enquiry.

It should be noted that, you don’t just wake-up in the morning and appoint a Commission of Enquiry, there are costs involved and this, include allowances for members of the Commission.

But here,we are seeing a whole Chief Justice upsurging powers of the Justice Minister,maybe he will pay the costs from his own pocket and implement the recommendations in isolation.

The CJ is a suspect in the disappearance of funds within the Master of the High Court’s Office and therefore, he cannot investigate himself.

OPINION:Chief Justice Bheki Maphalala interpreting the Constitution in his favour to incubate corruption in the Master’s Office,doctrine of the separation of powers must be contextualized.
Judge Mumcy Dlamini and her husband Majahenkhaba Dlamini with their spiritual father.