Judge Titus Mlangeni is accusing lawyer Mangaliso Magagula of undermining the authority of the court while executing his duties representing clients.
Well, I always strive to analyze issues objectively and, having criticized Judge Titus Mlangeni in a matter between Ncamase Investments and Galp Eswatini now, let’s examine or scrutinize the conduct of prominent lawyer Mangaliso Magagula.
SwaziMed Chief Executive Officer(CEO) Peter ‘Samora’ Simelane allegedly defied a court order systematically and, the CEO might have acted on the advice of his lawyer Mangaliso Magagula, the order issued by Judge Ticheme Dlamini in favour of Business Eswatini was stopping the Annual Shareholders Meeting.
Now, the same lawyer who is defending Ncamase Investments and/or businessman Issufo Calu on similar contempt of court charges, is now accused of acting in a manner that undermines the authority of the court.
Worth-noting, even if some of us previously concluded that, Judge Mlangeni might be having unresolved personal issues with lawyer Mangaliso Magagula, the Judge is slowly being vindicated.
In coming to this conclusion, I have noted or taken into account the fact that, SwaziMed is now accused of defying a court order and again, Mangaliso Magagula is at the centre of all this.
As a legal practitoner and, with clear understanding with regards to the administration of justice and/or the operations of the courts, the lawyer should not be seen or suspected to be acting in defiance of court orders.
The defied Business Eswatini-SwaziMed court order was issued by Judge Ticheme Dlamini not Titus Mlangeni and therefore, the lawyer must explain why he is always at the centre whenever the authority of the court is undermined.
But without disregarding the principles of presumption of innocence until proven guilty, it should be noted that, the court issued an interim order stopping the SwaziMed AGM and lawyer Mangaliso Magagula subsequently filed an appeal.
In my view, the appeal was filed systematically so that, the lawyer can use that as a justification and, to escape contempt of court charges while seeking to erase elements that might prove an intention to undermine the authority the court.
What lawyer Mangaliso Magagula is doing, landing his clients in ‘hot soup’ by defying court orders so that, he can subsequently generate more money while defending them on contempt of court charges must be discouraged.
This is a well-respected or highly regarded lawyer in the country and we must therefore, assist him with constructive criticism if is he is seen straying, it’s now very hard to conclude that Judge Titus Mlangeni is personal against lawyer Mangaliso Magagula.
Indeed,if Mlangeni is or was personal; why did lawyer Magagula advised his SwaziMed clients to defy another court order issued by Judge Ticheme Dlamini?.
The court is not Judge Mlangeni or Ticheme Dlamini but an institution or Arm of Government responsible for the administration of justice, it’s just that, the courts preside over cases, and issue judgements through Judges or Presiding judicial officers.
So lawyer Mangaliso Magagula is not accused of being in contempt of Titus Mlangeni but, he went on to undermine the authority of the court even in the SwaziMed matter, defying a court order issued by another Judge.
It should he noted that, Judge Mlangeni was a practicing attorney before being appointed as a Judge and, he is fully aware of all the tactics that lawyer Mangaliso Magagula has been trying to adopt while undermining the authority of the court.
It’s time lawyer Magagula conduct an introspection, as a highly respected lawyer and President of the Law Society of Eswatini(LSE) he must not been seen at the centre of decisions, seeking to undermine the authority of the court.
Judge Titus Mlangeni(pic: Times).