DPM CITED IN LAWUBA BUSINESS CENTRE DISPUTE

MBABANE – The Deputy Prime Minister, Themba Nhlanganiso Masuku, has been cited in the dispute between Acting Chief of KoNtshingila Inkhosatana Gelane Simelane and Prince Velebantfu Dlamini and others.

Inkhosatana Gelane Simelane has taken Prince Velebantfu Dlamini and 11 others to court over Lawuba Business Centre.
The acting chief filed an urgent application, where she is seeking an order to interdict the prince and 11 other respondents from continuing with the alleged illegal construction of a hardware or extension of any illegal building structure at Lawuba Business Centre.

Respondents

She is further praying for an order interdicting the respondents or anyone acting under their behest from continuing with the construction of a filling station at Lawuba Business Centre without the authority of the Mbangweni Umphakatsi under KoNtshingila Chiefdom.  Simelane also wants the court to restrain Gcina Dlamini, who is the sixth respondent in the matter from operating a butchery and liquor business at the business centre.

An interim order in favour of the acting chief was granted by Judge Nkosinathi Maseko before whom the matter is pending.
Respondents in the matter are Khesaya Dlamini, Bongani ‘Pointer Dlamini, Fana ‘Mahhala’ Nhlabatsi, Dumisani Dlamini, Gcina Dlamini, Prince Velebantfu, Chairman of the Swazi Commercial Amadoda Manzini Branch, Winile Nhlabatsi and the chairman of Swazi Commercial Amadoda.  In his answering affidavit, Prince Velebantfu alleged that the DPM once ploughed the fields unlawfully having been permitted by the Chief Justice, Bheki Maphalala.

The prince submitted that even the DPM’s father, one Mfene Masuku, was a resident under his (prince) chiefdom having khontaed from a place called Emakhalatsini.
“After being allowed to settle under our chiefdom he switched allegiances, wagucula umnyango, and associated himself with the applicant’s chiefdom otherwise the land upon which his home is situated is under our chiefdom. May I also state that the mother to Mfene Masuku is a sister to my great grandfather, Velebantfu 1, but for some strange reason he has chosen to switch allegiance,” Dlamini submitted. These are allegations whose veracity is yet to be tested in court.

Dlamini submitted that all businesses operating at Embelebeleni business centre did not have proper and lawful licences and or authority for the construction of the same.

Area

Worth noting is that in his papers, he referred to the area in question as Embelebeleni Business Centre while the applicant called it Lawuba.
Instead, he said they had all been consented to by The King’s Office and as such they were lawfully operating in the area. He mentioned that the second respondent (Bongani) had a right to construct a filling station as he was in possession of a properly granted King’s consent.

He averred that the third respondent (Fana) had no land to give to anybody and that it was himself (prince), acting with his inner council, who allocated the premises for the construction of the filling station to the second respondent after he had complied with all that was required of him under Swazi Law and Custom.

“I aver that the delegation led by one Simelane Mdluli has no authority to pry into the affairs of my chiefdom and their intrusion stands to be interdicted as unlawful and should they do this again in future I shall deal with them accordingly and they remain warned. I am sick and tired of their intrusion and encroachment onto the affairs of my chiefdom,” said Dlamini.

Jurisdiction

He said those who pried into his affairs should, together with their indvuna, know that Embelebeleni belonged under his jurisdiction.
He said it was interesting to note that after being told by the second respondent (Bongani) to come to him for enquiries, the delegation did not but opted to run to the court which happened to be administered by their indvuna who happened to be the Chief Justice, Maphalala.

He admitted that he allocated land upon which the filling station was being constructed.
“I deny that the land where the filling station is being constructed is under the applicant’s chiefdom. I deny in the strongest possible terms that the dispute between the applicant’s chiefdom and ours was long settled in favour of the applicant.

If it was settled, where is the written decision and why has it not been attached? The Swazi National Council (SNC) has a secretary who writes its decisions and signs for them,” the prince submitted.

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