JSC’S BID TO IMPEACH JUDGE SIPHO NKOSI

MBABANE – The Judicial Service Commission (JSC) has called upon High Court Judge Sipho Nkosi to show cause why he should not be impeached for alleged professional misconduct

Impeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it is only a formal statement of charges, akin to an indictment in criminal law, and is thus only the first step towards removal.

Conviction

Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office.

The JSC has since written a letter to Judge Nkosi where he is called upon to give an explanation on his alleged professional misconduct. According to the letter, move to charge Nkosi emanates from his conduct as a judge.

These include among others, alleged failure to write judgments and alleged dereliction of duties.
The move to charge the judge comes after he allegedly gave an unsatisfactory explanation to a previous letter that was written to him by the JSC, pertaining to his conduct as a judge of the High Court.

The detailed contemplated charges against Judge Nkosi would be outlined in the charges which the JSC is reportedly still working on.
One of the judgments he is accused of having failed to write and/or deliver is that of murder suspect Sipho Shongwe.

Shongwe, who is currently languishing in jail, is accused of having had a hand in the murder of prominent businessman and football administrator Victor Gamedze. The judge is accused of having failed to write the judgment despite a directive from the Chief Justice Bheki Maphalala.

The letter by the JSC was written before the judge’s utterances yesterday where he openly declared in open court that he would continue hearing Shongwe’s bail application.

Another matter in which the judge had allegedly failed to deliver a judgment is that of SwaziMed and Dr Tshibungu Jean Peirre Lukoji.
It has been eight months since the judgment in the afore mentioned matter was reserved and this had resulted in Dr Lukoji’s attorney writing a letter to the Registrar of the High Court.

The letter came at a time when the Crown awaits written reasons for Judge Nkosi’s findings during murder suspect Shongwe’s bail hearing that the State had failed to prove that he (Shongwe)was fraudulently released from Barberton Maximum Prison.

Appeal

The Crown requires the written reasons to proceed with its appeal of the judge’s finding.
In Shongwe’s matter, the Crown also addressed a letter to the Registrar, requesting to be furnished with the written reasons and to date; the judge is still to avail them.

In his letter, Dr Lukoji made a request to have the judgment on the matter against SwaziMed delivered. He was represented by Thulani Sibandze and Jose Rodrigues of Rodrigues and Associates.

The matter was heard by Judge Nkosi in October last year.
The judge reserved his ruling in the same month. Dr Lukoji addressed two letters to the registrar; the first one in February this year and he made a follow up in another letter in April. To date, the judge is yet to deliver the judgment.

Last year, the JSC successfully impeached former High Court Judge Mpendulo Simelane. Simelane was eventually dismissed from work by the King after he was found guilty of serious misbehaviour in that he knowingly and wilfully presided over the matter involving the then Chief Justice Michael Ramodibedi versus the Swaziland Revenue Authority, knowing that he was precluded from presiding over the matter.  

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