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MPS URGE PRINCE SIMELANE TO LEAD THEM TO KING TO REPORT CJ

06/03/2024 08:51:00 Nonduduzo Kunene

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LOBAMBA – Members of Parliament (MPs) have urged the Minister of Justice and Constitutional Affairs, Prince Simelane, to lead them to the King to report the chief justice (CJ) for alleged unprofessional conduct.

They accused the CJ, Bheki Maphalala, of being a law unto himself and defeating the ends of justice. The legislators made these submissions yesterday when debating the Ministry of Justice and Constitutional Affairs’ annual performance report and proposed budget for the 2024/2025 financial year. After presenting the annual performance report, Minister Prince Simelane further urged the ministry’s House of Assembly Portfolio committee to pass the proposed budget for the ministry. The legislators narrowed the budget debate to that of the Judiciary. They wondered why the minister expected them to approve the budget with so much going on between the ministry and the Judiciary.

Control

The MPs claimed the minister did not have control over the Judiciary as the CJ was running his own show. They added that the Judiciary cars were idle, yet some departments of the ministry had transport shortages. They added that the CJ was announcing probes, something that, by law, was the responsibility of the minister of Justice. Adding, the MPs cited the Judicial Commission of Inquiry into the Master of High Court Office’s operations as evidence that the CJ was allegedly a law unto himself and untouchable as he was cited in one of the cases under the Master of High Court Office, which made him conflicted. Further, the MPs said the minister was clearly powerless when it came to the CJ. They said since the CJ was running the show and even declared that he was not answerable to the minister, he should come to Parliament and motivate for the Judiciary budget, because he had assumed the responsibilities of a minister. The MPs said it was time the minister led them to the King to report the CJ, who was allegedly running the Judiciary as his home.

Enthusiasm

Mbabane East MP Welcome Dlamini noted that the minister had so much enthusiasm, judging by the way he presented the annual performance report. The MP said he wished that the minister would have the same enthusiasm when dealing with issues of the Judiciary. The MP noted that the Judiciary was within the budget proposals that were presented by the minister for their approval, and the minister was unable to handle or deal with these issues. “We have a CJ who seems to disregard anyone and everyone; he seems to be a law unto himself,” he said. Dlamini said he was saying that because it was clear to everyone that the CJ did not care and during Sibaya, there were issues that were raised about the CJ. The MP said the recent setting up of the commission proved that he was running his own show.

The MP alleged the CJ defeated the ends of justice by commissioning the Master of the High Court Office probe, because he was an appellant in a case where he challenged a commission that was placed according to the law. He said while the court was seized with that matter, he instituted a commission of enquiry and asked if that was not defeating the ends of justice. “...And nihleli niyamubukela, because ngatsi niyamesaba, uyini ungubhova yena kutsi angeke atsintfwe?” he wondered. The MP said courts should be respected and the CJ should lead by example. He said the CJ was not taking even attorneys’ advice. The MP urged the minister to lead them and be their emissary as members of the Ministry of Justice Portfolio Committee to meet the King and report the CJ. He said the reason they needed to meet the King and report the CJ was that the issues of the Judiciary seemed to be bigger than the minister and Parliament.

The MP questioned the powers of the High Court principal judge. He asked why was the principal judge not given working tools and further alleged his powers had been stripped by the CJ. LaMgabhi MP Sicelo Jele also asked the legitimacy of the Master of High Court Office probe. The MP asked why the minister was not involved. “We had you through the media, saying you know nothing about the Master’s Office probe but today you are here, talking about the Judiciary, that you seem not to have any say on,” he said. Dvokodweni MP Sifiso Shabalala called for a speedy intervention on the issues of the Judiciary. The MP said it was clear to everyone that there was a war between the CJ and the minister. “Eventually, it should be clear who bows to who and as Parliament, we are watching with a hawk’s eye. We witnessed something similar to this a few years ago, taya taminyana ebhodweni kwagcina kwatekile kutsi ngubani longuye kulelive,” he said.

Mayiwane MP Sicelo Dlamini said perhaps they should place the Judiciary budget under Head 60, until the issues between the Judiciary and ministry were resolved. Dlamini said from what he heard and uncovered about the Judiciary, for him it proved that it was a ministry, therefore; the CJ should come and ask for his budget. He said it was clear that the CJ did not recognise the minister and asked why the minister should be grilled over a Judiciary he had no control over. “Are you saying we should approve a budget of a ministry that is within a ministry?” he asked. The MP also demanded the minister to be frank on whether he had the powers to deal with the Judiciary. “Please tell your portfolio committee if you have the powers to deal with the Judiciary. If he doesn’t, what are we doing here?” he asked.

Laughed

As the MP was asking the question, one of the MPs was heard saying ‘utsi ute Mhlonishwa’ and everyone laughed, including the minister and his officials. The MP said the minister lacked powers over the Judiciary. He suggested that the Judiciary should be removed from the Ministry of Justice and Constitutional Affairs and be a stand-alone and be named the ‘Ministry of Judiciary’. He recalled that when the minister was touring Nhlangano Correctional Services and Courts, he said he knew nothing about the commission of Inquiry into the Master of the High Court operations. The MP said even yesterday, the minister concurred that he knew nothing about the operations of the Judiciary. The minister did not dispute that, instead he nodded and smiled while Dlamini was making his submissions. “Why are you asking us to pass that ministry’s budget. I will call it (Judiciary) a ministry because it is independent,” he said. The MP said it looked as if the minister was not sure what to do with the Judiciary, and he was confused about his role over it, but just wanted to use the MPs to pass the budget blindly.

Authority

He said it was high time that the minister stood his authority and did not play with public funds. The MP said the budget was passed by the taxpayer, therefore, as legislators they would not give the entity money that it would not account for. Meanwhile, the Chairperson of the House of Assembly Portfolio Committee on Justice and Constitutional Affairs, Lobamba MP Michael Masilela, said they were willing to assist the ministry in serving the nation to ensure that the ends of justice were not defeated. The minister presented that the Elections and Boundaries Commission (EBC) needed a recurrent budget of E27 825 491, Anti-Corruption Commission (ACC) had a proposed budget of E24 825 491, His Majesty’s Correctional Services (HMCS) with a proposed recurrent budget of E668 286 308 and capital expenditure of E64 328 000, the ministry’s head had a proposed budget of E93 529 538 with a capital budget of E6 950 000. The Judiciary had a proposed budget of E106 567 807 recurrent expenditure, while their capital budget stood at E651 370 000.