SIPHO NKOSI REMOVED AS HIGH COURT JUDGE

MBABANE – His Majesty King Mswati III has removed Sipho Nkosi as a judge of the High Court of Eswatini.

The King removed Nkosi in exercise of powers conferred by Section 158 of the Constitution of the Kingdom of Eswatini. “I, King Mswati III and Ingwenyama of Eswatini hereby remove Sipho Anthony Nkosi as judge of the High Court for serious misbehaviour with effect from the date of notice,” reads part of the legal notice.
An impeccable source confided to this publication that one of the four judges appointed yesterday would replace Nkosi. The legal notice reflects that it was signed by the King on February 23, 2022.

Efforts to get a comment from the Acting Registrar of the Supreme Court Siphiwo Masuku hit a snag as her phone rang unanswered. A message was sent to her, but she had not responded by the time of compiling this report.

Comment

When reached for comment yesterday, Nkosi, who spoke in a calm and relaxed manner, said, “Eh bangisita mani (that’s a relief.)” Nkosi, when asked if he had been served with the dismissal letter, he said: “Kusengakafiki lakhaya lokwencwadzi (I have not been served with the letter of dismissal). However, Nkosi stated that if it was true that he had been dismissed, it was a relief. He pointed out that his dismissal was a result of an impossible situation. “I’m relieved. However, one thing I will not do is I will never be subjected to a situation where I am portrayed as someone who did something wrong.” Nkosi also said he approached ‘them’ to request to be relieved of his duties and that if they agreed, they should agree on certain terms.
The Judicial Service Commission (JSC) conducted the hearing that culminated in the dismissal of Nkosi and concluded the process in November 2021, after calling only two witnesses.
Nkosi was not present during the hearing. He had served the JSC with a letter in which he complained about a number of things, including the conduct of Chief Justice Bheki Maphalala, whom he accused of breaching the Constitution.

He requested to proceed to Lozitha to serve the King’s Advisory Council (Liqoqo) with the letter. The JSC proceeded with the impeachment while he had gone to Lozitha to deliver the letter of complaint. The JSC was expected to make a recommendation to the King, who is the appointing authority, whether to dismiss the judge from his position. Nkosi told this publication at the time that he was not fazed about the outcome of the impeachment. He said he had no fear about what the JSC may recommend to the King.

Worried

He had been asked if he was not worried that the JSC might make a recommendation to the King that he be relieved of his duties while he had served the Liqoqo with a letter by which he sought the council’s intervention and to inform the King about his concerns regarding the conduct of the chief justice. “I have nothing to lose. I have lost everything. My dignity has been impaired but I have learnt my lesson. I have forgiven myself and I want to move on. It does not matter which way I move on but I’m ready to do just that,” said Nkosi.

“If the King says he got a recommendation that I should be fired, that is okay. It does not bother me in any way.” He stated that he intended to leave on his own terms, which was why he refused to resign on medical grounds when allegedly advised to do so reportedly by Robinson Bertram senior lawyer Zweli Jele, whom he said was acting in complicity with the chief justice. This, according to Nkosi, happened after he was accused of accepting a bribe of E300 000 for the release of murder accused Sipho Shongwe, who allegedly killed businessman and football administrator Victor Gamedze on January 14, 2018.

Nkosi granted Shongwe bail fixed at E500 000. The judge ordered Shongwe to pay E100 000 in cash and provide surety to the value of E400 000. However, the State appealed the decision and Shongwe is still in custody three years later. Nkosi said he intended to resign and he was given a senior lawyer in the Supreme Court to negotiate the terms of his resignation.
“I didn’t want their pension. I just wanted to resign, but when I asked to have my package calculated, it just ended there because we could not agree on it,” said the judge.

Appointment

Nkosi said prior to his appointment as a judge, he had served the King, Queen Mother and the nation diligently and his track record was impeccable. He further alleged that the Judiciary was captured. He informed this publication that at first he did not believe that the Judiciary was captured and he had discovered that it was allegedly the case. Nkosi said the expectation from the High Court was that the standards should be high and there should be professionalism.

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