CJ, LAWYERS DISAGREE ON JSC’S LEGALITY

MBABANE – A day to mark the beginning of a new era in the Judiciary became awkward as Chief Justice (CJ) Bheki Mphalala and the Law Society of Swaziland disagreed on the legality of the Judicial Service Commission.

Through its President Ben J Simelane, the Law Society said it felt that the Judicial Service Commission (JSC) did not comply with the dictates of the Constitution, an instrument which enjoins of every citizen to defend it.

“Section 159(3) makes it clear that no appointed member of the Judicial Service Commission shall be in office for more than eight years but the situation is that one or two members are still in office since 2005,” said Simelane.

He made these comments during the official opening of the High Court of Swaziland yesterday. The event was attended by, among others, Minister of Justice and Constitutional Affairs Edgar Hillary, European Union Ambassador to Swaziland Nicola Bellomo, Principal Secretary in the Ministry of Justice Lorraine Hlophe, Ambassador of the Republic of China on Taiwan Thomas Chen and other diplomats.

Simelane further pointed out that the Law Society was concerned that the instrument which facilitated the last extension appointed the commission until further notice, which implied that they could hold office permanently.
The president of the Law Society said this did not accord with the constitution which had clear timelines.

“There is a need, therefore, to have in place a constitutionally compliant JSC,” concluded Simelane.
It seems Simelane’s comment on the constitutionality of the JSC did not go down well with the CJ who in his speech minced no words that it (commission) was legally in office.

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