MBABANE:King Mswati is not,in any way,backing Chief Justice(CJ) Bheki Maphalala amid tension with Justice Minister Prince Simelane over the ongoing illegal Commission of Enquiry into allegations of corruption within the Master of the High Court’s Office,Percy Simelane,the King Spokesperson has clarified.
Simelane was responding to this publication when asked to clarify allegations suggesting that,even the King was also involved in looting public funds within the Master of the High Court and that,the Chief Justice appointed the illegal Commission of Enquiry so that it can compile a report that will also protect the King.
This comes after the Chief Justice violated the provisions of the Commission of Enquiry Act of 1963 and went on to establish a Commission of Enquiry whose report and/or recommendations will be challengeable in court on the basis that the Commission was appointed or established illegally.
Justice and Constitutional Affairs Minister Prince Simelane publicly opposed the appointment of the Commission by the Chief Justice and according to the law, powers to establish same vests with the Justice Minister.
“We elect to wait for evidence on the alleged looting of estate monies by the King to be shared with us before we can commit.We have no record of the king backing the Chief Justice in his line of duty or responsibility and alleged unbecoming behabiour.We believe the impasse between the Judiciary and the Ministry of Justice and Constitutional Affairs is a normal workplace turbulence that does not necessarily call for emergency landing.We will continue to wait for the preferred investigation into operations of the Master’s office.The report,of whichever team will be engaged will tell us who loots what.Before that report,allegations and perceptions can wait because they are all not built on evidence”, said the King’s Spokesperson when responding to this Swaziland News on Monday.
On another note,Chief Justice Bheki Maphalala released a statement last week where he stated categorically that,despite the escalating calls by the Law Society of Swaziland (LSS) and other stakeholders to disband the Commission of Enquiry, it will continue with its duties.
The CJ then warned those attempting to exercise powers of the judiciary while undermining its independence in terms of the Constitution.
But in a letter dated 22nd January 2024, the Law Society of Swaziland(LSS) through its Secretary General(SG) Charity Simelane of Charity Simelane Attorneys expressed concerns about the establishment of the Commission and urged the Chief Justice to disband it and allow the lawful authorities to appoint same in terms of the law.
The illegal Commission of Enquiry is chaired by Supreme Court Judge Majahenkhaba Dlamini of Nkhaba Royal Kraal from house of King Ndvungunye.
King Mswati(Internet pic).