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WHAT LAW WAS CJ TALKING ABOUT? - DAMBUZA

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MBABANE – Chief Dambuza Lukhele, the Secretary of the Ludzidzini Royal Committee, has said there is no law that requires clearance or approval before a minister could be arrested.


He said the statements, attributed to Chief Justice Michael Ramodibedi, that a sitting Cabinet minister could not be arrested unless there is clearance, watered down His Majesty King Mswati III’s efforts to have a corruption-free country.
The office of the attorney general shared similar sentiments, further stating that His Majesty the King, the appointing authority, also does not issue any clearances.


This came in the wake of statements by Ramodibedi who dismissed an application by the Anti Corruption Commission (ACC) to have a warrant of arrest issued against the Minister of Justice and Constitutional Affairs, Sibusiso Shongwe.
Shongwe is alleged to have breached the provisions of the Prevention of Corruption Act of 2006 when he refused to furnish the commission with details of how his law firm got to have E2 million deposited into its trust account where he is a sole signatory.


Lukhele said he has never seen or heard of any law that stipulates that there has to be someone who clears a person to effect an arrest and he did not have to quote any legislation about it.
“Corruption is a problem on its own and a person’s position and status does not absolve them from being corrupt. The Anti Corruption Commission is expected to root-out corruption wherever. 

Angati ke lona loncuselwako kutsi uncuselwa nakwentenjani. I have never heard of or seen in black and white that there should be a clearance for some people. Maybe it is documented somewhere, but some of us Swazis have just not had sight of it,” Lukhele said. 


He said the statement amounted to dragging the name of the appointing authority on debates and jokes, which was not expected to happen because Swazis may interpret it differently. He said even if people could befriend the King in anyway, what remained was that he is the image of the country and Swazis.
“I would be surprised if it is true that the statements were said by lowekunene and I wonder kutsi kumilaphi, ngoba kwentenjani futsi kungubani.” 


Some sitting judges of the High Court of Swaziland supported what both Lukhele and the AG’s office said, stating that they believe the chief justice was protecting his friend, in the Justice minister.

 

Comments (1 posted):

David David on 19/04/2015 11:57:24
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Lukhele said he has never seen or heard of any law that stipulates that there has to be someone who clears a person to effect an arrest and he did not have to quote any legislation about it.
“Corruption is a problem on its own and a person’s position and status does not absolve them from being corrupt. The Anti Corruption Commission is expected to root-out corruption wherever.
"everyone is protecting their intrest. A lot runs in my head, planes being bought and nation told its a gift to later learn its not. Minister of justice and his CJ on a check chess game, PM and CJ on a paul spinner game. A lot is not going right here. As for Mr Lukhele the anti corruption commission is not expected to root out corruption wherever, it is a toll used to controll in favour of 1%. We both know that the anti corruption can't investigate the head of state. We need to end this game one day or soon.

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