WITHDRAWN POLICY NOT PART OF COURT CASE - CJ

MBABANE – Chief Justice (CJ) Michael Ramodibedi said the withdrawal of the ‘policy’ statement by the prime minister had nothing to do with the court case of Chief Sibengwane Ndzimandze’s widows and children.

The policy was withdrawn by Cabinet after the Prime Minister, Sibusiso Barnabas Dlamini, called a press conference stating that the minister of justice and constitutional affairs was out of order and, therefore, Cabinet had decided to withdraw it.
The CJ however recently ordered the continuation of the matter where the ‘policy’ introduced by Minister of Justice and Constitutional Affairs Sibusiso Shongwe was being challenged.

On August 6, 2014, lawyer Thulani Sibandze from Ndzima attorneys filed a notice of withdrawal after the prime minister announced that cabinet had decided to withdraw the policy.

Sibandze was representing 17 children of the late Chief Sibengwane who were challenging the ‘policy’.
In a statement, the CJ said the real issue serving before was not the policy but the determination whether Section 2(3) of the Interstate Succession Act No.3 of 1953 complies with Section 34(1) of the Constitution which stipulates that a surviving spouse was entitled to a reasonable provision out of the estate of the other spouse.

“Needless to say, the question of the interpretation of the law and the Constitution is a matter for the courts and not the executive arm of government. In the event, it will be seen from the chronology of the relevant events that the right honourable prime minister made the policy statement in question while the matter was already long pending in court,” the CJ stated.

When withdrawing the policy the prime minister stated that Cabinet met and resolved that affected estates should continue to be regulated by the current law pending the enactment, by Parliament, of suitable legislation as required by Section 34 (2) of the country’s Constitution.

The PM said the Constitution clearly provided what should happen with regard to such property rights. He said as a result, government was yet to forward a Bill to Parliament which would address this matter.

He continued quoting Section 34 (1) of the same Constitution which provides that: “a surviving spouse was entitled to a reasonable provision out of the estate of the other spouse, whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.”

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