MAJORITY OF CHIEFS, EMABANDLA HAVE NO LEGAL TRAINING - JUDGE

 MBABANE – High Court Judge Qinisile Mabuza says it is the duty of the courts to develop customary law side by side with common law, statutory law and constitutional law.

“The majority of our people live on Swazi Nation Land: both rural and town, educated and illiterate, sophisticated and non-sophisticated, rich and poor, physically and mentally challenged - it is the duty of the courts to develop customary law side by side with the common law, statutory law and constitutional law, hence the endowment of the original jurisdiction in the High Court Act and the Constitution,” Mabuza stated.

The judge made these comments when delivering her ruling in a matter of two men who were being evicted from a piece of land at Mpolonjeni in Mbabane after it was sold to one Derrick Hlophe.

“We all have our roots, homes and background solidly ensconced on Swazi Nation Land and most of us do not live there but commute to work or spend weekends and holidays at our traditional homesteads,” she said.
 The two men, Simanga Bob Magagula and Majahentfonjeni Magagula, had previously obtained an interim order staying their eviction from the piece of land.

They were now seeking the confirmation of the interim order which was being opposed by the local traditional authorities on the basis that the High Court does not have jurisdiction to hear the matter.
In her judgment, Judge Mabuza said it seemed to her that the law that governed purchase and sale was common law and at best the law of contract.

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