MBOMBELA: Lawyers representing Swaziland News editor Zweli Martin Dlamini have filed a notice in terms of Rule 47 demanding that King Mswati through his purported representative being Acting Prime Minister Themba Masuku pay R1million as surety of costs before the commencement of the legal proceedings.
According to court papers filed by Bukhosi Sibanda Attorneys in the High of South Africa, the editor and Swaziland News(PTY) LTD being the first and second respondents in the matter alleged that the applicant in his personal capacity and or as a purported representative of the government of the Kingdom of Eswatini and of His Majesty King Mswati III does not have mortgaged fixed or moveable assets within the jurisdiction of the Honourable Court.
The editor’s lawyers further mentioned that the Acting Prime Minister as a purported representative of the government of the Kingdom of Eswatini or through the Minister of Finance in his various public pronouncements including the 2021 budget speech, has a low revenue projection, significant budget deficits, unfavorable credit rating with negative outlook and insolvent.
As a result, the editor’s lawyers alleged that the Applicant has no means of settling any adverse cost granted against him personally, and or as the purported representative of the government of the Kingdom of Eswatini and or of His Majesty King Mswati III.
“Given the Constitutional rights of the Respondents to be pleaded and possibly that the matter may be ventilated in all the Courts, including the Constitutional Court of South Africa, an amount of one million Rand (R1 000 000) is reasonable”, reads the court papers.
The lawyers representing the editor and this Swaziland News further mentioned that important common law and constitutional rights of the editor and this publication requires the employment of more than one Counsel, Senior Counsel, Senior-Junior Counsel and junior(s) Counsel.
“Important common law and constitutional rights of the First and Second Respondent to be pleaded by the Respondents require the employment of more than one Counsel, Senior Counsel, Senior-Junior Counsel and junior(s) Counsel” reads the court papers in part.
King Mswati, the Government of eSwatini took the editor of this Swaziland News to the High Court of South Africa over the ongoing publication of critical articles, they are represented by Acting Prime Minister Themba Nhlanganiso Masuku.