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JUDGE NKOSI’S IMPEACHMENT STARTS TODAY

28/10/2021 08:59:00 BY MBONGISENI NDZIMANDZE

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MBABANE – After getting paid for three months while sitting at home, Judge Sipho Nkosi’s impeachment will begin today.

Impeachment is the process by which a legislative body formally levels charges against a high official of government. It does not necessarily mean the 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 possible removal. Judge Nkosi, who is on suspension, has been called upon to answer on five charges, which include alleged absenteeism, failure to deliver judgments, coming to court late and bringing the administration of justice into disrepute. According to the charge sheet, lawyers and litigants were complaining about Judge Nkosi’s conduct.

It is further alleged that despite numerous written demands, the judge failed to deliver judgment timeously or at all. He was served with the notice of his impeachment last week wherein he was informed to avail himself before the Judicial Service Commission (JSC) today for the start of his impeachment. Robinson Bertram Attorneys have been given the task to prosecute in the impeachment proceedings, which will be conducted privately. The impeachment process will be chaired by Chief Justice Bheki Maphalala, who is the chairman of the JSC.

Judge Nkosi was suspended on August 12, 2021by His Majesty King Mswati III in terms of Section 158 of the Constitution through Legal Notice No.241 of 2021.
Section 158 (6) provides that; “where the question of removal has been referred to the commission, the King may suspend from office the chief justice or other justice as the case may be, for the duration of the enquiry.” Judge Nkosi will be the fourth judge to be impeached in Eswatini in 10 years, which is the highest in Southern Africa.

Removed

During the tenure of the late Michael Ramodibedi, Judge Thomas Masuku, who is now a judge of the High Court of Namibia was impeached and removed as a judge of the High Court of Eswatini in September 29, 2009. Ramodibedi suffered the same fate in June 17, 2015 for serious misbehaviour. Former Judge Mpendulo Simelane followed Ramodibedi out the door on July 21, 2017 after being found guilty of serious misbehaviour as well. On July 27, 2021, the JSC served the judge with a letter requesting him to provide a detailed account of what transpired at the Pigg’s Peak Magistrates Court during the hearing of a rape matter involving his brother-in-law, Sibusiso Vilakati.

In a previous interview, Judge Nkosi confirmed to have received ‘something’ which he said did not make sense to him. He said the minute that was sent to him did not state what exactly should be explained. He wondered what he was really being called upon to do and described the minute as ‘silent.’ The judge said he was sticking to what he previously said that he did not do anything wrong in this matter. The judge went on to say he was not apologetic for his actions at the Pigg’s Peak Magistrates Court.

He said he was sure that he did not break any ethical rules at the magistrates court and neither did he bulldoze anyone using his powers as a judge. “Absolutely none,” he said emphatically during an interview yesterday. “I followed the procedure. I did not ask to be made a priority. I am absolutely not apologetic for what transpired there. I have no doubt that the law took its natural course.” Following a raid at his homestead at Mafutseni in April 2021 where his guns were seized, Judge Nkosi said it was not about his brother-in-law but he was being targeted. He said the raid and seizure of the firearms jeopardised his security.

Firearms

The least the police could have done, according to the judge, was to advise that he should renew the licences for his firearms within a certain period. Judge Nkosi also pointed out that there was no incident where he had used a gun to warrant the search and seizure at his residence. The judge alleged that he got hold of information to the effect that somebody had recorded a statement saying that he (judge) had seven guns at his home. He said what he did in Pigg’s Peak was what most people had done as well. The judge was referring to the act of seeking the release of his brother-in-law to his custody and making an undertaking to produce him to court the following day.

According to Judge Nkosi, even some judges and magistrates have allegedly called a police station to ask that their arrested relatives be released to their custody.
Narrating what happened in Pigg’s Peak, Judge Nkosi explained that he received a call from his in-laws, who informed him that Vilakati had been arrested and charged with rape. He said he travelled to Pigg’s Peak Police Station with his lover and her other relatives. The judge said as an in-law, he was interested in knowing what had happened. The police, according to the judge, allowed him to speak to the accused as an elder, not as a judge. He said he requested that the accused be released to his custody and made an undertaking that he would bring him to court on the next day.

Nkosi cut his teeth as a judge when he was appointed an acting judge of the Supreme Court in early 2016. He was appointed a permanent judge of the High Court together with Judge Titus Mlangeni. Some of the judges who were appointed during the same period were Judge Cyril Maphanga and Judge John Magagula. Nkosi was a lecturer at the University of Eswatini in the early 1990s and he is a former president of the Law Society of Eswatini. Judge Nkosi is known for his vast experience in legal issues.