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TIMOTHY MYENI TAKEN TO COURT

18/01/2014 06:41:00 BY MBONGISENI NDZIMANDZE

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MBABANE – Ncandweni Christ Ambassadors lead singer, Timothy Myeni, has again been taken to court by the Logoba Royal Council.

In a fresh application filed under a certificate of urgency yesterday the council is now seeking an order directing a deputy sheriff of Manzini to dismantle or demolish the pit latrine, fence and any other structure put upon a land at Mhlaleni in Logoba area by Myeni.
They council is represented by Manzini-based lawyer Mzwandile Sobandla Dlamini.

Respondents in this matter are Myeni and the Evan-gelical Church (by Christ Ambassadors).
In its application the cou-ncil alleges that Myeni is continuing with the constr-uction on the piece of land and the structures that he was putting up were permanent.

The council further alleged that the situation was dangerous as it would brew violence between the parties and lives may be lost as both parties may engage in fights in order to protect their interest.
They also want the court to find Myeni guilty of contempt of court.

Mfanukwente Mabhareth Dlamini, who is the chairman of the council in his affidavit, stated that Myeni’s actions were malic-ious and unlawful.
On May 15, 2013 the council launched an application against Myeni under a certificate of urgency which was eventually heard on June 6, 2013 and the parties were ordered to maintain the status quo pending finalisation of the matter. The parties were further advised to foster an agreement with regard to the issue.

Alleged

Dlamini (Mfanukwente) alleged that while discussions were pending and not withstanding the interim order on maintaining the status quo, Myeni was continuing with raising structures at the piece of land in question.
These are allegations contained in an affidavit whose veracity is still to be tested in court.
He submitted that the decision by the council to again seek legal recourse was because of Myeni’s alleged conduct.

Dlamini submitted that on August 26, 2013 Myeni through his attorney advised of their intention to defy the court order. He alleged that the council responded through a letter dated August 26, 2013 wherein Myeni was strongly advised to desist from such conduct.
“On or about October 2013 it was reported to me by members of the Logoba community that the respondents (Myeni and Evangelical church) were finalising fencing on the disputed land, digging a pit latrine and levelling the ground in preparation of raising a structure,” he said

He alleged that he went to inspect the place and indeed he found that what was reported to him was true.
Dlamini submitted that he, thereafter, instructed the council’s lawyer to advise the respondents to stop such because there was a court order in place.
“I state that the respondents halted their construction after the exchange of letters for a while. I was surprised, again, when I was informed that the respondents were continuing with some construction on the place sometime during the month of December 2013,” he stated.

Dlamini alleged that he again went to inspect the place and he found that a toilet structure had been completed and there were hips of sand that were delivered. He submitted that fencing had been completed
“I state that during the month of December, around the Christmas holidays the respondents quickly raised a structure.

Continuing

“The respondents are con-tinuing with the construction and to date the whole building has been covered and they are preparing concrete for the floor. This means that the structure is near completion. It is my humble submission that the respondents are putting permanent structures and they do not respect this honourable court by putting up structures,” he submitted.

STRUCTURES NOT PERMANENT - MYENI

MBABANE- Timothy Myeni says it would not be logically expected that church members would stand in the rain while worshipping.

He alleged that there was no order that was granted stopping the services and for them to continue worshipping, there should be a structure.
The former Lubulini constituency Member of Parliament is represented by Simanga Mamba from S.P Mamba Attorneys.

“Such structure is made of planks and the toilet is mobile and can be dismantled in a matter of minutes. It is respectfully submitted that it is the basic hygiene standard that where people converge, a toilet should be present,” he stated.

He alleged that the order that was issued by the High Court in this matter only frowned upon permanency in the structures.
Myeni submitted that the applicants do not have locus standi to institute the present application as they had no interest in the place and all powers on its administration were vested on the Masundvwini Royal Kraal.

Never

“We have never nursed an ambition or intention to disrespect the honourable court especially as a church promoting peace and harmony, hence we have always aligned our conduct with what the law proclaims in as much as we would have desired the structures to be permanent but we had to respect the court nevertheless,” he stated.

Myeni alleged that the only violence that might erupt would be one perpetuated by the applicants as they (respondents) have lived up to the spirit of the court order. He further submitted that there was no construction going on as the temporary structure was complete.