Retain our advisors
TAFTER THOUGHTS GUESTWRITER
WO traditional structures came into sharp focus the past few days with one seen to be enforcing its authority while the other stripped of it. We were reminded of the authority that the regiments yield over our lives while boNdabazabantu, the King’s liaison officers, had their powers put in check by the courts. Both play a significant role in the preservation of our culture and traditions. Ideally, they both have the mandate to unify emaSwati and foster peaceful coexistence.
Former Deputy Senate President Ngomuyayona Gamedze, was recently expelled as a member of the Inyatsi Regiment for ‘straying’ as it were. The decision served as a reminder of the authority these regiments yield over our lives should we choose to align ourselves with them through kubutseka (initiation). However, this is a subject for another day.
Structure
The other structure is the King’s Liaison Officers, commonly referred to as boNdabazabantu which is what I wish to address today. The High Court this week re-enforced a Supreme Court ruling that the decisions of the liaison officers are not binding; which basically renders their roles almost useless in my books.
They have been defined as merely mediators, conciliators whose determination is only advisory. Their reaction to this is one of shock, which goes to show how they viewed themselves as an extension of the King’s powers.
Godvolendlovu Magagula, the Ndabazabantu in the Mbabane office, said they would not take the ruling seriously unless it was issued by the King as he was the only one with powers to strip them of their authority.
It must be clarified that their role differs to that of the Swazi National Court presidents as these courts are established by the Swazi Courts Act of 1950.
Notably, the matter was heard and determined by Judge Mbutfo Mamba who was sitting with assessors, Nxumalo, the President of Eswatini National Court of Appeal, Lozithehlezi and Mhlanga, the President of Eswatini National Court.
Highlighted
In the judgment issued on Wednesday, the court highlighted that the King’s Liaison Officer or Ndabazabantu is a recognised functionary established in terms of SiSwati Law and Custom. He is appointed by Ingwenyama and is answerable to the regional administrator.
It further highlighted that his decisions have no force of law and their legitimacy and compliance depends on the willingness of the parties to abide by them. In deciding a dispute the King’s Liaison Officer or Ndabazantu applies Swazi Law and Custom.
So what does this mean to our deeply troubled society where family squabbles and land disputes abound? Ironically, this ruling was made in a case involving a land dispute.
What does this mean to an already volatile environment where the rule of law has been compromised by the failure of judicial structures to