CONCERNS OVER LAW-PRACTISING SOLDIER

MANZINI – A large number of lawyers have raised concerns over a member of the Umbutfo Eswatini Defence Force (UEDF) who is also a full-time practising lawyer.

The gripe of the attorneys interviewed by this publication was that the member of the UEDF was fully employed by the State and also acting as a civilian.

This, they claimed, was an unfair act as he was gainfully employed by government while also practising law as a private citizen. The lawyers claimed that this concern had been communicated in various forums but was yet to be addressed by their professional body – Law Society of Swaziland (LSS).

Deployed

The said lawyer is Mabandla Nxumalo. 

Nxumalo also confirmed that he was a lawyer practising under a law firm known to this publication. He also admitted that he was serving the country and deployed by the UEDF at its headquarters at Nokwane.

Nxumalo said his employer was aware that he was also a practising lawyer; however, the soldier declined to comment much on the issue as he said he was not authorised to speak on issues that pertained to the UEDF.

“Like I said, I’m a soldier and a lawyer but duties of the army involve national security. That is why we are not permitted as individuals to speak on behalf of the army,” he said

When Nxumalo was questioned on whether this was permitted by his employer, he insisted that the army was aware of his other occupation.

The soldier further said he could not explain it further as it bordered on national security.

Following this stance, this publication engaged the Public Relations Officer of the UEDF, Tengetile Khumalo. 

Her office was sought to assist in shedding light on whether the UEDF permitted its personnel to moonlight and also on how the army allowed the officer in question to practise as a lawyer representing ordinary citizens yet he was a government employee. 

Lastly, she was asked on what the army would do to address the matter at hand.

To this, Khumalo said: “We acknowledge your concern. The Defence Force PR Office duly notes that this matter has been raised by concerned individuals in the Law Society.”

She said the UEDF headquarters would await a formal lodging of a complaint from the pertinent structures; thereupon, the Defence Force would be in a position to address the matter officially.

To this, senior lawyer and Vice President of the Law Society of Swaziland (LSS), Lucky Howe, said his understanding was that when a person was practising law, he/she could only practise law.

“You are not allowed to practise law when you are in the gainful employment of somebody else unless you are serving articles and you have exemption from the attorney general for services of articles,” Howe said.

Following that, he said that individual who could have been serving articles may then return to their place of employment. 

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