DISGRACED LAWYERS MUST BE BROUGHT TO BOOK ASAP!

Dear Editor,

Phindile Ndzinisa, the poor widow of the late Martin Musa Ndzinisa, who died in a car accident in July 2001, will never get justice unless the judiciary is transformed by exhibiting willingness to apply itself to the principles of gender justice.

The judiciary’s ‘systemic failure’ to assist widows’ deal with male rogue lawyers who embezzle millions from their estates, is disturbing.
The Times of Swaziland objectively reported on August 19, 2017 (pg 9), that former Master of the High Court, Lawyer Siboniso Dlamini allegedly stole money amounting to E556 000 from the Ndzinisa Estate.
It went on to shed light on how the lawyer also chose to unlawfully and intentionally misappropriate the MVA payout for her deceased husband, and further cheated the deceased’s aging mother of E325 000 money which was to be used towards the completion of her house at Ngwazini.

It is worth noting that prior to joining government as Master of the High Court, Siboniso was a Lecturer of Law at the University of Swaziland and all the local judges are his former students.
It is against that background that justice for the widow has no chance of triumphing in that polarised environment.

Justice delayed is justice denied, not only for the widow, but for the many people who feel that the laws of the country are applied differently when the accused is connected to his former students. 
For years, the aggrieved widow had approached the courts for redress and judges just play football with her life. 

The first time she took the matter to the High Court, lawyer Siboniso lost, and proceeded to the Appeal Court where he again lost, and further lost at the Supreme Court.
The longer the matter drags on, the more Mrs Ndzinisa will ask herself why her alleged perpetrator is not brought to book. To further frustrate the widow, the judiciary has now called for a review of the case, a clear indication that patronage, not justice is the new currency in courts’ decision making.

The vigilant media reported that at one stage the court asked Siboniso to pay at least E8 000 monthly to the widow, something he never did - an act that should have caused the judiciary some anxiety. 
By not sticking to the court’s order, Siboniso was in contempt of court, essentially a manifestation of scornful rejection of the rule of law.
The judiciary is aware that contempt of court generally makes a mockery of judicial authority. Left unchecked, it has the potential to promote anarchy.

In its worst form, it is to judicial authority what sedition is to the authority of the government of a state.
Since the Judiciary Services Commission (JSC) is only concerned about appointing judges and not policing their conduct, it is only fair that one recommends that the Anti-Corruption Unit be the one to dispense with normal procedure and take immediate action when an allegation of swindling clients is made with prima facie evidence.

The Anti-Corruption Commission should apply for the rogue lawyer to be struck off the roll.
This would result in the unit closing some firms and deregistering legal practitioners for lack of professional conduct.
His Majesty’s Government has a mandate to intensify efforts to monitor the operations of all legal practitioners, to ensure that Estates and monies of deceased persons therein are protected.

Lawyers should very much be aware that client’s monies are sacred. Lawyers must not touch those Estates and monies no matter what kind of situations they find themselves in. It should be a no go area.
The Anti-Corruption Commission’s officials would propose random audits on lawyers across the country, to ensure honesty and prevent attorneys from stealing their clients’ money.
Such a policy will deliver a strong message to victims, the public and to lawyers about the administration of justice.

The prayer to have the Anti-Corruption Unit stems from the judiciary’s dismal failure to treat as serious professional misconduct, theft, fraud and embezzlement where such criminal conduct occurs within the practice of law.

Sincerely,
Nhlanganiso Dlamini
Lobamba

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