Times Of Swaziland: King's Order: Withdraw Nkhaba dispute from court

King's Order: Withdraw Nkhaba dispute from court
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 LINDA JELE on 14/04/2012 00:00:00


MBABANE – His Majesty King Mswati III has ordered that the Nkhaba case be
withdrawn from the High Court with immediate effect.
The Attorney General Majahenkhaba Dlamini yesterday delivered the message to
Judge Bheki Maphalala and lawyers in his chambers, just before the case was to
resume for closing submissions.
A meeting, which lasted for about 45 minutes instead took place in the Judge’s
chambers, while the disputing factions waited outside court.
Two factions claiming to the rightful leaders of the Nkhaba Chief-dom have been
in a court wrangle for the past five years now.
The factions, one led by Dikida Shabangu and the other by Absalom Shabangu each
claiming to be the legitimate Chief’s Headman, had their inner councils and
followers, which they argued was legitimate. The dispute arose after the death
of Nkhaba Chief Prince Bhekimpi in 1999.
Discussions
The Attorney General arrived at the High Court, just before 10am and had brief
discussions with the lawyers, Mbuso Simelane and Sabelo Masuku, before they
headed for the Judge’s chambers.
Simelane represented Absalom Shabangu’s faction, while Dikida was represented
by Masuku.
The Attorney General, in an interview, refused to state what was being
discussed, but referred this reporter to the lawyers for the two factions.
"It is true, I had come to court in relation to the Nkhaba issue but it would
not be proper for me to comment. Go and ask the lawyers," Dlamini said.
Confirmed
Abraham Dlamini, one of the members of the Nkhaba family council, in an
interview and in the Dikida faction, confirmed that the Attorney General had
gone to convey the King’s Order that the case should be withdrawn from the
High Court.
"His Majesty has issued an order that the case would now be deliberated upon in
the traditional structures.
"We will, next week, go and meet his Majesty the King (Kuyo-bonga), thereafter
we will know what would be the next step," Abraham said.
Abraham also expressed happiness that the matter had been withdrawn from the
High Court. He said it was the Absalom Shabangu led faction that had brought the
matter to court, despite their advice that it fell under the traditional
structures’ jurisdiction.
Deliberated
A source close to the Nkhaba family council, who however spoke on condition of
anonymity, said the King’s Order was that the matter should only be
deliberated by the Ludzidzini Council chaired by acting Governor Timothy Velabo
(TV) Mtetwa. He said the King was not pleased that the matter was now being
dealt with in Courts when it has not been finalised in the traditional
structures.
The case eventually never proceeded yesterday and the parties were told to
disperse. The parties had already closed their case and the lawyers were
expected to make closing submissions.
Throughout the case, Judge Maphalala maintained that he was to determine which
inner council and Chief’s Headman was legitimate between the disputing
factions.
Jurisdiction
He stressed that it was not the court’s jurisdiction to deal with who was
going to be Chief of Nkhaba after the death of Prince Bhekimpi in 1999. He said
as per the Constitution, it was the King who appointed Chiefs.
The dispute divided the Nkhaba family council (Lusendvo) and led to the
community being divided into two factions.
Each faction of the family council appointed its own Indvuna and inner council
(bandlancane).
...judge wanted three more suspects to testify
MBABANE – Judge Bheki Maphalala had called
three more witnesses to testify in the Nkhaba case, that was however, withdrawn.
These were supposed to be Court witnesses to give clarity on what they knew and
what role they had played in the Nkhaba case.
These were Prince Mahlaba, the late Nkhaba Chief Prince Chief Bhekimpi’s wife
LaNco-ngwane and Princess Senteni the deceased’s sister.
Withdrawn
However, this was not to be as the case was withdrawn albeit through an order
from his Majesty King Mswati III.
Prince Mahlaba had not arrived at the High Court when the message was conveyed
to the disputing parties.