The Law Society of
Swaziland has criticised the kingdom’s Chief Justice for banning two lawyers
from practising.
It says he has no legal
right to do this.
The row started when CJ
Bheki Maphalala banned
two lawyers from appearing in courts
because they had allegedly not passed on monies due to their clients. He said
he could do this under sections 139 (5)| and 142 of the Constitution.
The Law
Society of Swaziland disputed this and said it was the body to deal with the
matter through its disciplinary tribunal.
Now, the Times of Swaziland reports that the CJ
is threatening to close down 70 law firms in the kingdom where King Mswati III
rules as sub-Saharan Africa’s last absolute monarch. The newspaper reported on
Monday (23 April 2018) he had given firms 21 days to submit audited trust
certificates that demonstrate financial worthiness. About 70 firms have failed
to do this, the Times reported.
Swaziland has a long
history of disputes with the Chief Justice. In
February 2016, the International Commission of Jurists
(ICJ) reported King Mswati III’s absolute
monarchy in Swaziland ‘ultimately is incompatible with a
society based on the rule of law.’
The report, Justice
Locked Out: Swaziland’s Rule of Law Crisis, called on
Swaziland’s Constitution to be amended to bring it in line ‘with regional and
universal international law and standards, in particular on the separation of
powers and respect for judicial independence.’
An international mission investigated Swaziland
following the
attempted arrest and the impeachment of former Chief Justice
Michael Ramodibedi and the arrest of the Minister of Justice Sibusiso Shongwe,
two High Court judges Mpendulo Simelane and Jacobus Annandale and High Court
Registrar Fikile Nhlabatsi in April 2015.
The report
stated the judicial crisis was ‘part of a worrying trend of repeated
interference by the Executive and of the Judiciary’s inability to defend its
independence, exacerbated by apparent strife within the ruling authorities of
Swaziland.
‘Swaziland’s Constitution, while providing for
judicial independence in principle, does not contain the necessary safeguards
to guarantee it. Overall, the legislative and regulatory framework falls short
of international law and standards, including African regional standards.’
It added, ‘The mission found that some members of the
Judiciary have exercised their mandate with a lack of integrity and
professionalism. In particular, former Chief Justice Ramodibedi failed to
protect and defend the institutional independence of the Judiciary, and played
a reprehensible role in undermining both the institutional independence of the
Judiciary and that of individual judges in Swaziland.
‘He also presided over, or was involved in the case allocation
of, legal proceedings in which he had a personal interest or in which he acted
at the apparent behest of members of the Executive, further undermining the
independence and impartiality of the Judiciary.
‘Based upon its independent research, including its
consultations with various stakeholders, the fact-finding mission determined
that this latest crisis has served to expose already existing divisions within
and between the Judiciary and the Executive.
The consequence has been an abuse of the justice system to settle
political scores, further damaging the independence of the Judiciary in the
process.
‘Overall, the events that triggered the international
fact-finding mission are both a reflection of a systemic crisis and potentially
a contributing factor to its deepening further. In light of its findings, this
report includes the fact-finding mission’s recommendations for reform to the
Crown, Executive and Legislature, the Judiciary, the legal profession, the
international community and civil society, which it considers will strengthen
the rule of law, respect for human rights and access to justice and effective
remedies in the Kingdom of Swaziland.’
See also
JURISTS:
DEEP FLAWS IN LEGAL SYSTEM
SWAZI
JUDICIAL CRISIS: KING’S WORD IS LAW
http://swazimedia.blogspot.com/2015/05/judicial-crisis-kings-word-is-law.html
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