CJ MUST LANCE THE BOIL

NOT until Chief Justice (CJ) Bheki Maphalala dropped a bombshell about the Judicial Service Commission (JSC) being under attack by the political elite was I persuaded to change my mind about the subject matter that I had initially planned to ventilate on, especially since that matter is also of national importance. 

At a time when multiple matters of national importance are competing for the attention of active and patriotic citizens, it’s imperative to draw the distinction because some compatriots are invertebrate by their nature and have thus been won over by the State largesse reserved for blind loyalists to buy their loyalty and silence - the one that had drawn my attention was a trip by some Members of Parliament (MPs) to Mainland China, officially called the People’s Republic of China (PRC), that has become controversial in the face of existing long-standing diplomatic relations with the Republic of China (Taiwan) that the PRC regards as a renegade province.

Sensitive

Just how sensitive this matter of the PRC trip is to the Eswatini political establishment was best illustrated by the immediate responses from government spin doctor Percy Simelane and House of Assembly Speaker Petros Mavimbela. Both distanced government and Parliament, respectively, from the concerned MPs by affirming that this was not an officially sanctioned trip. But that is a matter for another day.

The subject matter of today’s column is that of the CJ’s seismic statement about the JSC being under siege from what he termed a dangerous political elite, if the press quoted him correctly. The CJ’s statement during the swearing-in of new members of the JSC immediately solicited a response from particularly lawyers, who wanted the CJ to name and shame those involved in this conspiracy. Indeed this is interesting coming from the CJ.

Appointed

The supposition is that the political elite that the CJ is talking about are different from those who short-circuited his rise to the top of the kingdom’s Judiciary. Yes, when he was initially appointed to the bench, CJ Maphalala found other judges who had over the years accumulated a lot of experience to be head and shoulders above him. But nonetheless he was spirited to the highest seat of the Judiciary ahead of his contemporaries with vast experiences.

In fact, it is this political patronage by the political elite of just about every existing institution that in turn compromises their independence and autonomy. This also applies to the Judiciary since, by the same token, those appointed to the bench as well as the JSC are the manifestation of this political patronage in the absence of a public vetting process that is transparent and accountable to the people.

It can be argued that those appointed to such positions are first and foremost presumed to be loyal to the political status quo ahead of their qualifications, experience and suitability to serve in those positions. Consequently, the net effect of this is the loss of faith and trust in the Judiciary and indeed the courts since presiding officers are burdened by a political debt that they need to settle one time or the other, which could be accomplished through their decisions particularly on political matters or cases involving those who are opposed to the Tinkhundla political system.

That is why some of us, informed by the lack of transparency and accountability in the appointment of judicial officers, have never pretended to have faith in the courts. Regrettably, there are those men and women on the bench who are equal to the task but are unavoidably painted with the same brush with those whose ascendancy to high office is motored by political patronage of the political elite. 

As I see it, what ought to be interrogated is whether the political elite the CJ was referring to is different to that which oversaw and ensured his speedy rise to the top. And by the sound of it, it seems it is different because he inferred that it was regime-change oriented and its conduct treasonous. If this particular political elite posed a threat to the JSC, it cannot be the same political elite that facilitated his short-circuited upward mobility. The question, given his powerful and influential position, is why the CJ is keeping such explosive information to himself. Is that not tantamount to abetting?

Yes, CJ Maphalala owes emaSwati an explanation. He appears to have comprehensive information about these individuals and their machinations. That he has deduced that the actions of this group borders on treason seems to support this notion. Given the status of the position he is occupying, the CJ owes emaSwati an explanation given that he has not reported the threat posed by this particular political elite to law enforcement agencies. If the CJ is to remain credible and trusted, he must and should come out and expose the machinations of the so-called political elite hell-bent on achieving their nefarious objectives. Otherwise it would be difficult if not impossible to take him seriously on anything and everything.
   

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