By Zweli Martin Dlamini

What is happening within the Judiciary is very unfortunate, Chief Justice(CJ) Bheki Maphalala is being frustrated such that the Ministry of Public Service is refusing to provide adequate posts for the employment of Court Clerks.

The number of Court Clerks who were subsequently employed after we exposed the judicial crisis is not enough, some are still working as volunteers.

Furthermore, some Acting Judges, Magistrates,Master of the High Court Assistants and other key judicial officers whose positions are critical in the functioning of the courts, are without contracts and CJ cannot do anything without the approval of the Judicial Service Commission(JSC) whose appointment is, at the discretion of King Mswati,an absolute Monarch.

Whether the Chief Justice committed or is accused of any wrongdoings, we must learn to separate the Judiciary as an institution from Bheki Maphalala, a polygamous man as an individual.

As long as Bheki Maphalala holds the position of Chief Justice, we must give him all the necessary support to perform his administrative duties while criticizing his alleged corrupt conduct.

When we criticize the CJ, we are actually criticizing or holding the powers of the Chief Justice accountable, it doesn’t matter who is occupying that position, those powers are subject to public scrutiny.

We cannot suffocate a highly critical Arm of the State in charge of the administration of justice merely because,we want to teach Bheki Maphalala a lesson, that is absolutely wrong and unprofessional.

Criticism directed to Bheki Maphalala in his capacity as the Chief Justice should be objective and fair and, in the event the allegations levelled against him justifies removal from office, that should be done without undermining the functioning of the justice system.

But it seems this country is run like a stokvel, criticizing the CJ does not mean everything is wrong about him, he has his good side and if the authorities decides to remove him for whatever reasons, the process must be done in accordance with the law.

Now, it seems the Judiciary is being sabotaged just because there’s a faction working towards removing the Chief Justice.

I am one of those who had been calling for the removal of the CJ amid corruption allegations but I am absolutely against the manner in which the process of removing the Chief Justice is being implemented.

Frustrating the functioning of the courts by delaying the appointment of the Judicial Service Commission just because you want to remove the CJ is not only unjust but, undermines the rule of law.

The JSC must be appointed or if the King is still deciding whether to remove Maphalala or not, he must at least extend the appointment of the JSC with a few months so that, the JSC including the Chief Justice could have administrative powers to renew the contracts of employment for the Acting Judges, Magistrates, Master of the High Court Assistants and other judicial officers.

The Judiciary is a critical institution in the administration of this country and it cannot function without the Judicial Service Commission.

That it is business as usual in eSwatini without the JSC is a clear indication that, the country is an absolute Monarchy.

EmaBandla including the Liqoqo King’s Advisory Council and the Ludzidzini Council are functioning and presiding over cases but, a very critical Arm of Government is being sabotaged, this is absolutely wrong Your Majesty!!!.