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MBABANE – Lawyers who fail to remit clients- monies might just count themselves out of the legal profession.

This is a stance taken by the Chief Justice (CJ), Bheki Maphalala, who yesterday banned yet another lawyer from appearing in any court in Swaziland after he reportedly failed to remit monies belonging to his former client despite a court order directing him to make payment.

The lawyer, Muzi Simelane, is the second attorney to be debarred by the CJ in a space of two days. Simelane’s proscription comes after he reportedly failed to remit a sum of E547 992.35 to his former client, Beauty Build Construction (PTY) Limited.

This amount was collected from Swaziland Government by Simelane on behalf of the company for work done.
In a statement, the CJ stated that Simelane kept this money since 2011 despite a court order directing him to make payment.  The CJ said by so doing, Simelane acted contemptuously to the highest court of the land.

“When your erstwhile client (Beauty Build) sued for payment, you refused and raised a dishonest defence that it was fictitious and not eligible for payment.

The CJ also pointed out that the Law Society of Swaziland (LSS) had not intervened as directed by the Supreme Court.
He also highlighted that, sometime in 2017, he (CJ) wrote letters to the Attorney General as well as the president of the Law Society for their intervention but there was no response.

Simelane, according to CJ Mapahalala, has defied the court order and consistently refused to release the company’s money without lawful justification.
He told Simelane that his conduct in the circumstances could not be condoned or tolerated.

“In exercise of powers vested in me by Sections 139 (5)| and 142 of the Constitution, your law firm and yourself are hereby barred from appearing before any court until you purge your contempt,” reads part of the statement issued by the CJ yesterday.

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