Ex-Bambanani shareholders case removed from High Court
MBABANE – The application in which former shareholders of Bambanani Balimi Farmers Limited were accused of defying a royal command has been removed from the High Court.
7he removal of the application to, among other things, free]e bank ac counts of %ambanani %alimi held with 6tandard %ank and 1edbank was due to lack of Murisdiction by the +igh &ourt to deal with the matter.
7he +igh &ourt¶s Murisdiction was ousted by a royal command contained in an affidavit that was filed by the attorney general A* .
7he royal command, according to the A*¶s affidavit, stated that any dispute that was arising out of any activities pertaining to all associations carrying out farming on )arm at +lane in the /ubombo 5egion shall be dealt with by the +lane 5oyal 5esidence &ouncil.
Instituted
7he court proceedings had been instituted by the &hairperson of the %oard of 'irectors of %ambanani %alimi, Alle[inah Zikalala, 6iphiwe 'lamini 6ecretary and /indiwe 0ethula 7reasurer . 7his was after unauthorised elections were held and some former shareholders were allegedly elected.
According to Zikalala, this happened after the Ingwenyama had issued a command that only people under &hief +adane 0agagula were to be shareholders in the farmers associ ations carrying our business on the farm.
Zikalala said the royal command also stated that the membership to the associations of everyone else was to be terminated with immediate effect.
1otwithstanding the royal com mand, Zikalala stated that 5ichard 1gwenya, 9usi 0abu]a and %usisiwe %hembe, who are all not residents under &hief +adane 0agagula and are some of the respondents in the matter, were allegedly elected into a purported %oard of 'irectors for %ambanani %alimi.
%ambanani %alimi was allocated a portion of land on )arm at +lane in the /ubombo 5egion, to grow sugar cane. 7he farm belongs to the .ing.
Command
Zikalala, 'lamini and 0ethula, who alleged to have been appointed by the +lane 5oyal 5esidence &ouncil on the strength of the royal command by .ing 0swati III, wanted the court to order that the bank accounts of %ambanani %alimi held with 6tandard %ank and 1edbank be fro]en until the present proceedings are finalised.
7he applicants also wanted the court to declare their removal from being signatories in the bank accounts of %ambanani %alimi )armers Associ ation, held with the 6tandard %ank, to be null and void and of no effect.
7hey further applied that the court declared that signatories in the ac counts of %ambanani %alimi held with the 6tandard %ank (swatini /imited and 1edbank shall continue to be Zikalala, 'lamini and 0ethula as per the royal command issued by the Ingwenyama, as communicated to all shareholders of the farmers association by the &hairperson of +lane 5oyal 5esidence &ouncil, *adla 7fwala.
dividends
Zikalala told the court that there was an instance when %ambanani %alimi began to be bombarded with numer ous applications where the former shareholders came to court seeking to be paid dividends that had been paid to the shareholders who had remained.
³6ome of the individuals sought to be elected or appointed to the %oard of %ambanani. 7he new challenges were again communicated to the Ingwenyama during the 0aganu &eremony for the year at +lane 5oyal 5esidence.´
Zikalala submitted that the Ingwen yama reiterated his earlier command and further directed that no court process shall be filed against any of the companies operating on )arm . +e told the court that the attorney gen eral, in his presence, was instructed to ensure that there was compliance with the royal command.
Respondents
6he stated that on April , , µsome purported elections were held at .a.huphuka /ight of &hrist &hurch. 7he purported elections were meant to elect a %oard of 'irectors of %am banani. 7he respondents µ3urported %oard¶ were elected¶.
Zikalala told the court that the elec tion of the µpurported %oard¶ was an e[ercise in futility due to the fact that, in this kingdom, no one is competent or has the capacity to go against a royal command issued by the Ingwen yama in his capacity as the Ingwen yama of ema6wati.
6he said there could not be any election of a %oard of %ambanani until such time that the Ingwenyama issued another royal command that such could be done.
7his matter, according to Zikalala, sought to have certain individuals who were purportedly elected to be part of the %oard of 'irectors ([ecutive &ommittee of %ambanani %alimi to be removed from the list of nominated or authorised persons to transact on behalf of the farmers association, on its 6tandard %ank and 1edbank accounts.
6he said these individuals were once shareholders in %ambanani %alimi but were removed from being sharehold ers, pursuant to the royal command issued by the Ingwenyama.
Narrated
In her affidavit, Zikalala narrated that at +lane, which is in the east of the country, there is )arm , /ubombo 5egion. 6he said this farm belongs to the Ingwenyama.
In , said Zikalala, residents of +lane sought, and were granted, an audience with the Ingwenyama and reTuested to use a portion of the farm to cultivate sugar cane for commercial purposes.
Zikalala submitted that the (urope an 8nion (8 had a market for any sugar that could be produced through the sugar cane farming that was to be undertaken at +lane and it pleased the .ing that the residents would better their lives through sugar cane farming.
According to Zikalala, the Ingwen yama instructed the +lane 5oyal &ouncil and (swatini 6ugar Associa tion to assist the residents of +lane to commence sugar cane farming.
+uman 5ights /awyer 6ipho *umed]e represented the applicants. 7he matter was before -udge .hon taphi 0an]ini.