JSC HAULS ASSISTANT MASTER BEFORE DC

MBABANE – Assistant Master in charge of the Lubombo region Cebsile Ngwenya has been hauled before a disciplinary hearing by the Judicial Service Commission (JSC) for allegedly not adhering to the estates policy introduced by the Minister of Justice and Constitutional Affairs, Sibusiso Shongwe.

The policy has since been withdrawn by Cabinet after the Prime Minister, Sibusiso Barnabas Dlamini, called a press conference stating that the minister was out of order and, therefore, cabinet had decided to withdraw the policy.

exposed

Ngwenya appeared before the JSC sometime last week after Master of the High Court Phumzile Masilela wrote to the Chief Justice (CJ), Michael Ramodibedi, informing him of what had led to the series of events which eventually led to the judiciary being exposed because Ngwenya had not complied with a directive issued by her office.

“We hereby wish to report to the chief justice the chain of events that precipitated the decision of the Honourable minister of Justice and Constitutional Affairs to issue a policy directive in relation to the percentage awarded to surviving spouses married under Swazi Law and Custom which took place at the Siteki Master’s Office on July 14, 2014,” reads a memorandum from Masilela to the CJ.

She said the Master’s office, in executing its mandate of supervising the winding up of estates, found that there were inconsistencies in the various pieces of legislation currently in place for the distribution under Swazi Law and Custom Marriages (that of the Intestate Succession Act 3/1953 Section 2(3) and Section 34(1)(2) of the Constitution of Swaziland, 2005.

Masilela informed the CJ that her office, therefore, decided in a meeting attended by all regional assistant masters and estates examiners that while awaiting proper guidance from the attorney general on the matter, all estates affected by this position be addressed in the current existent distribution already exercised by the office, that of awarding surviving spouses 50 per cent and twice the child’s share as an interim measure to seek compliance with Section 34(1) (2) of the Constitution of Swaziland.

Directive

“It was in this meeting that the Assistant Master in charge of the Lubombo region Cebsile Ngwenya informed the meeting or master that she would not adhere to the directive of the master and she would be apply (sic) the provisions of Section 2(3) of the Intestate Succession Act which awards child’s share to surviving spouses married out of community of property.

“She had already been approving awards of twice child’s share to surviving spouses which position she found in place but decided to change the form of distribution at this meeting,” wrote Masilela in a letter that was copied to the JSC.

Complaint

Masilela said this, therefore, brought about the inconsistency in the way the office handled the distribution of these estates, which then led to a complaint being lodged by the surving spouses in the estate of the late Chief Sibengwane Ndzimandze.
The complainants, according to Masilela, said the assistant master had on an earlier date in the same estate, distributed using twice the child’s share form of distribution only to change overnight and apply a different method to the same estate, same beneficiaries.

“This therefore, precipitated the situation that led the minister to travel to Siteki Master’s office and issue a policy directive from there,” wrote Masilela.

“Lastly, it is my strong belief if my directive had been complied with we would not have found ourselves exposed and the matter handled in the manner it has been,” Masilela said.

The outcome of Ngwenya’s DC hearing remains unknown, particularly since Cabinet withdrew the policy.

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