NKOSI: I WILL NOT REST UNTIL MY NAME IS CLEARED

MBABANE – Sipho Nkosi, who has been removed as a judge of the High Court of Eswatini, says he will not rest until his name is cleared.

Nkosi was removed by the King in exercise of powers conferred by Section 158 of the Constitution of the Kingdom of Eswatini. The legal notice, in terms of which Nkosi was removed, reflects that it was signed by the King on February 23, 2022. In an interview with this publication, Nkosi said as much as it was a relief that his services had been terminated, he would never, at any point, accept that he committed serious misconduct. He said he would never be subjected to a situation where he was portrayed as having done something wrong.
“Loko ke angeke. Uma batsi ngona, cha! (I did nothing wrong),” said Nkosi.

The legal notice terminating Nkosi’s services states that he was removed for serious misconduct. “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 (February 23, 2022) of notice,” reads the notice.

Offences

Charge 3, 4 and 5, of his charge sheet stated that he committed offences of serious misconduct. Despite being found guilty and dismissed, Nkosi said he did not accept that he committed misconduct in any way. He told this publication that he would do everything in his power to clear his name. The removed judge said he would not rest until he achieved that. Nkosi said his reputation was at stake. “Lentfo lena (this) is for the world. I’ve got a reputation internationally, especially in SADC. I’ve got a very strong reputation about my solid moral principle (sic),” he said.  He was adamant that he did nothing wrong, instead he was being crucified for standing his ground. He said he was relieved though that he had left the injustice he was subjected to. Nkosi pointed out that it was imperative that he cleared his name since he did nothing that amounted to misbehaviour or misconduct.  

Impeachment

He also mentioned that the process of his impeachment was nothing but a kangaroo court. He highlighted that the chief justice was the complainant and judge during the impeachment hearing. “I have a family and a reputation, so I will not let my name be tarnished just like that.” He further alleged that lies were told about him to the King, resulting in his dismissal. Nkosi decried that it was unfortunate that he did not get an audience with the King to present his side.

According to Nkosi, he tried to seek an audience with the country’s authorities but his efforts hit a snag as he was informed that he would be called at a later stage. “Lapha kubole kutsephuhlu (there is a lot of rot there). Even though I am relieved that I have been removed from the rub**** I was subjected to, I still want my name to be cleared. Until my name is cleared, I will not rest,” said Nkosi. He further repeated the comment he made when he was interviewed during the course of the impeachment hearing to the effect that he had nothing to lose because he had 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 Judge Nkosi last year. Nkosi said he was accused of accepting a bribe of E300 000 for the release of Sipho Shongwe, who allegedly killed businessman and football administrator Victor Gamedze on January 14, 2018. Judge Nkosi granted Shongwe bail fixed at E500 000.

Surety

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 four years later. Nkosi is the fourth judge to be impeached in Eswatini in 10 years, which is the highest in Southern Africa. 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 on September 29, 2009. Ramodibedi suffered the same fate in June 17, 2015 for serious misbehaviour. Mpendulo Simelane followed Ramodibedi on July 21, 2017 after being found guilty of serious misbehaviour as well.

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