SBS APPEAL AGAINST DU PONT DISMISSED

MBABANE – The Supreme Court says the Swaziland Building Society’s application for a stay of the delivery of the former’s judgment on its matter against Croydon businessman Rodgers Bhoyane Du Pont is without merit.

The court yesterday dismissed the application that had been filed by the SBS seeking an order to stay the final determination of the review and handing down of the judgment pending determination of the review application instituted by the bank at the High Court.

SBS was challenging the legality of the office of the Attorney General to represent a private citizen. This was despite that the Supreme Court had recently ruled that the attorney general may represent a private citizen.

On Thursday, Judge Phesheya Dlamini, who sat with acting Judges Knox Nxumalo, Cyril Maphanga, Zonke Magagula and Maxine Langwenya, in his judgment, said the finality of the matter remains elusive and the end not in sight.

Deputy Attorney General Sifiso Khumalo and Principal Crown Counsel Vusi Kunene submitted that the issue that the bank has referred to the High Court regarding the legality of the attorney general’s decision to represent Du Pont was exhaustively canvassed and argued before that court. They also argued that a definitive and final determination in the form of a ruling was made by the Supreme Court.

“It is consequently argued that the Supreme Court is functus officio on that question and the matter res judicator,” Du Pont’s representatives added.
 The AG’s proposition that the matter was res judicata is predicated on the assertion that the court gave a ruling in his favour and dismissed the bank’s objection to his audience.

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