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Thomas Masuku seeks to meet king

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MBABANE – Judge Thomas Masuku is seeking audience with His Majesty the King in accordance with the Swazi custom of kwembula ingubo.


Kwembula ingubo is a Swazi way of seeking clemency from His Majesty in his capacity as the Ingwe-nyama of the Swazi nation.
It has been revealed that Mlungisi Shabalala is the emissary for the judge who was dismissed from the bench in October 2011. Shabalala is one of the sons of Mndeni Shabalala, the late National Overseer of Tinkhundla.


Judge Masuku has not met the king yet but his emissary has done so on his behalf, the Times SUNDAY can reveal.
Royal sources said Masuku was doing the right thing to apologise to the king who was expected to give him a platform to set the record straight if need be. Apologising to the king means that he must offer a cow.  Sam Mkhombe, former Private Secretary to His Majesty, also offered cattle to the king as a Swazi way of apologising to the king.


He had been dismissed and the Board of Royal Trustees had charged him with allegedly attempting to revive the Imbokodvo National Movement. He was dismissed with Mathendele Dlamini who was a member of Liqoqo at that time. Liqoqo is an advisory council to His Majesty.
“It might happen that Masuku was crucified for nothing. Seeking audience with the king will give him a chance to offer his apologies to the Ingwenyama and later explain certain things and set the record straight if need be,” the source within royalty said.


“His audience with the king would show the outside world that our king, as Ingwenyama, listens to all his children. That is why Masuku’s emissary was able to meet him.”
Interviewed on whether he met the king, Shabalala was reluctant to talk about the matter and asked us to reveal our sources, which we ethically did not. He then said: “Yes, I met the king over the Judge Masuku issue.”


He did not divulge what he told the king about Masuku.
“I have to respect the king and, therefore, I can’t tell you what exactly he said to me,” he said. Masuku referred enquiries to Shabalala.
“I request you that you talk to Mshengu (Shabalala’s praise name) about the issue,” he said politely.


Incidentally, he was with Shabalala when this newspaper got hold of him.
According to Legal Notice 140 of 2011, the King relieved Masuku of his duties on September 27, 2011.


The King’s decision comes after Masuku appeared before the Judicial Service Commission (JSC) on charges of serious misbehaviour where he had been accused of having uttered allegedly unsavoury remarks against the King in one of his court judgments.


He was brought before what was later described by observers as a ‘Kangaroo Court’ by Chief Justice Michael Ramodibedi and the Judicial Services Commission (JSC) on August 11, 2011.
He was accused of using an unpalatable phrase in the judgment which was delivered on January 11, 2011. Ramodibedi criticised Masuku, saying the phrase he had used was not expected from a judge. 

Masuku had also been accused of having an illicit affair with a judge of the same court, but the charge was withdrawn during the hearing. He was also accused of associating himself with people who want to bring change in the country’s regime. However, this charge was also withdrawn.


The 12 charges were reduced to seven during the hearing and about a month later, the JSC forwarded a recommendation to His Majesty the King.
The King duly removed Masuku from office through a gazette.

We support him – lawyers

MBABANE – Lawyers for Human Rights in Swaziland say dismissed Judge Thomas Masuku’s bid to meet the king is a complicated matter altogether.


Sipho Gumedze, the Secretary, said the Judicial Service Commission (JSC) recommended his dismissal on the basis of a constitutional provision and the King exercised his powers vested on him by the same constitution used to dismiss him. He said if the dismissed judge wanted to correct the phrase that he allegedly insulted the king, lawyers would support him. 

He said there was no one who could stop a Swazi from seeking an audience with the King to clarify certain issues.  “All I am saying here is that if Masuku wants to seek an audience with the king over his dismissal, I foresee a situation where the constitution will be compromised but if he wants to correct certain impressions, then we can support him and it’s within his right as a Swazi to do so,” said Gumedze. TV Mtetwa, the acting Governor of Ludzidzini Royal Residence, said kwembula ingubo was an old tradition, which could be practised by any Swazi.


He would not specifically talk about this issue as he did not know the specifics but believed that the King was ‘for all people’.  Lorraine Hlophe, Secretary of the JSC declined to discuss the matter.



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