Times Of Swaziland: CJ BANS ANOTHER LAWYER

CJ BANS ANOTHER LAWYER
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BY TIMES REPORTER  on 12/04/2018 01:20:00


MBABANE – Lawyers who fail to remit clients- monies might just count
themselves out of the legal profession.
This is a stance taken by the Chief Justice (CJ), Bheki Maphalala, who yesterday
banned yet another lawyer from appearing in any court in Swaziland after he
reportedly failed to remit monies belonging to his former client despite a court
order directing him to make payment.
The lawyer, Muzi Simelane, is the second attorney to be debarred by the CJ in a
space of two days. Simelane’s proscription comes after he reportedly failed to
remit a sum of E547 992.35 to his former client, Beauty Build Construction (PTY)
Limited.
This amount was collected from Swaziland Government by Simelane on behalf of the
company for work done.
In a statement, the CJ stated that Simelane kept this money since 2011 despite a
court order directing him to make payment.  The CJ said by so doing, Simelane
acted contemptuously to the highest court of the land.
“When your erstwhile client (Beauty Build) sued for payment, you refused and
raised a dishonest defence that it was fictitious and not eligible for payment.
The CJ also pointed out that the Law Society of Swaziland (LSS) had not
intervened as directed by the Supreme Court.
He also highlighted that, sometime in 2017, he (CJ) wrote letters to the
Attorney General as well as the president of the Law Society for their
intervention but there was no response.
Simelane, according to CJ Mapahalala, has defied the court order and
consistently refused to release the company’s money without lawful
justification.
He told Simelane that his conduct in the circumstances could not be condoned or
tolerated.
“In exercise of powers vested in me by Sections 139 (5)| and 142 of the
Constitution, your law firm and yourself are hereby barred from appearing before
any court until you purge your contempt,” reads part of the statement issued
by the CJ yesterday.