CJ WITHDRAWS RAMODIBEDI’S DIRECTIVE ON KING’S IMMUNITY
MBABANE – The Practice Directive prohibiting the filing of civil claims against His Majesty the King and Ingwenyama has been withdrawn by Chief Justice (CJ) Bheki Maphalala.
The litigious Practice Directive No 2/2012 was issued by former Chief Justice Michael Ramodibedi on June 16, 2011.
In a notice issued yesterday, CJ Maphalala stated that the withdrawal of the Practice Directive comes after due consideration and careful consultations.
The Practice Directive that was issued by Ramodibedi provided as follows: Summonses or application for civil claims against His Majesty the King and Ingwenyama, either directly or indirectly, shall not be accepted in the High Court of Swaziland or any other courts in the country.
It further directed the registrar of the High Court and/or all those entrusted with receipt of court process in this country to refuse to accept any summons or application against His Majesty the King and Ingwenyama.
In withdrawing the Practice Directive, CJ Maphalala mentioned that Sections 7 and 11 of the Constitution do provide the necessary immunity for the King and Ingwenyama as well as Indlovukazi in respect of Immunity of King and iNgwenyama.
Section 11 of the Constitution provides that the King and iNgwenyama shall be immune from: suit or legal process in any cause in respect of all things done or omitted to be done by him; and being summoned to appear as a witness in any civil or criminal proceedings. The Constitution also makes same provision for the Indlovukazi.
The notice withdrawing Ramodibedi’s Practice Directive has been copied to all judges of the Supreme Court, Judge of the Industrial Court, Attorney General, Magistrates, Director of Public Prosecutions, Principal Secretaries, members of the public and all legal practitioners.
On Saturday, the Swazi New reported that a group of lawyers from the office of the Attorney General (AG) had to appear before the Human Rights Commission (HRC) in the Gambia to answer on the same Practice Directive issued by Ramodibedi.
The matter was, however, deferred which means it is still pending before the commission.
Another thorny case against Swaziland, which is also pending before the commission, is that of former High Court Judge Thomas Masuku.
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COLANI VILAKATI
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19/05/2016 07:25:09
maphalala george
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17/05/2016 10:36:53
Xolani Simphiwe Mkhatshwa
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17/05/2016 10:22:56
Xolani Simphiwe Mkhatshwa
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17/05/2016 10:09:04
Concerned woman
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17/05/2016 10:08:05
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