SUPREME COURT IN LIMBO

MBABANE – Controversy, uncertainty and confusion are the best words to describe the current situation engulfing the sitting of the second session of the Supreme Court.

First it was lawyers who vowed to boycott the session, which they described as unconstitutional until permanent judges were appointed.
Yesterday, the Judicial Service Commission (JSC), which is headed by Chief Justice (CJ) Bheki Maphalala, also disclosed that the sitting of this court, as scheduled, was in limbo as no permanent judges had been appointed.

 According to the roll, the Supreme Court will be sitting for its second session from November 16, 2016 to December 16, 2016.
JSC lawyer Zweli Jele yesterday informed a full bench of the High Court that the issuance of the roll by the Registrar of the Supreme Court, Lungile Msimango, was not a guarantee that the session would take place as scheduled as it was provisional.

Jele informed the court that the roll was not issued because there was going to be a sitting of the Supreme Court as scheduled. Judge Mumcy Dlamini, who formed part of the full bench asked the lawyer whether he was by extension saying there would be no sitting of the Supreme Court.
“Are you telling the public to relax as there will be no sitting of the Supreme Court?” asked Judge Dlamini.
In response Jele mentioned that there was a likelihood that there would be no sitting of the Supreme Court and the notice (roll) that was issued was provisional.

“I cannot be definite but instructions I have is that the Supreme Court might not proceed and the roll was provisional,” said Jele.
This emerged during the argument of the constitutional matter filed by incarcerated former Member of Parliament Charles Myeza.

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