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Principal Judge Qinisile Mabuza says there is no transparency in the appointments of Judges.

Sunday, 14th November, 2021

MBABANE: Principal Judge Qinisile Mabuza says there is no transparency in the appointment of Judges hence the independence of the Judiciary cannot be guaranteed.

Responding to a questionnaire from this Swaziland News, the Judge described the independence of the judiciary as the ability of the courts and judges to perform their duties without interference or control by other actors. 

“I cannot say that this is the case in Eswatini. Judicial Independence is also the ability to uphold the Rule of Law. Here  there are challenges: There is no transparency in the appointment of Judges”, said the Honorable Judge.

The senior Judicial officer further mentioned that the Constitutional provision for the impeachment of Judges must  be unpacked in order to provide a detailed Code of Offences with applicable sanctions.

 “As it stands, all offences fall under the term "serious misbehaviour. Offences are not categorised according to their seriousness, and are without  corresponding sanctions, such that any "misbehaviour" (no matter it's nature) which deemed to have been committed by a Judge leads to impeachment. This leaves the process open to abuse of power due to its subjectivity”, the Judge said.

The sentiments by Judge Mabuza come after the persecution of yet another Judge in Sipho Nkosi who tried to release murder suspect Sipho Shongwe despite those in power wanted him behind bars.

Principal Judge Qinisile Mabuza says there is no transparency in the appointments of Judges.
Judge Qinisile Mabuza.