Taxpayer to foot bill after Chief Gasa defied court order
MBABANE – The taxpayer will foot the bill on behalf of Qomintaba Chief Gasa WaNgwane in a court case where he tried to stop his sister-in-law from constructing a pit latrine in the old
umphakatsi.
This was after Chief Gasa WaNgwane initially did not comply with a judgment of the Supreme Court that was issued on October 9, 2019, by Judge Magriet Van Der Walt, sitting with Chief Justice Bheki Maphalala and Judge Sabelo Matsebula.
Yesterday, the Supreme Court awarded Chief Gasa WaNgwane’s sister-in-law, Ethel Dlamini, the costs regarding the contempt of court proceedings at an ordinary scale and these costs will be paid by the government.
The court also struck off the roll the application for contempt of court against the chief, which had been filed by Ethel, who is now deceased.
The arguments for costs yesterday were heard by Judge Phesheya Dlamini, sitting with Judge Stanley Maphalala and Judge Mbutfo Mamba.
Chief Gasa WaNgwane was represented by Assistant Attorney General Mbuso Simelane, while Mlindeni Magagula of Zonke Magagula and Company, represented Ethel’s estate in the matter.
Ethel resided at the old royal kraal at Qomintaba in Lavumisa and Chief Gasa WaNgwane was constructing his umphakatsi across a dirt road from his father, Prince Tsekwane’s residence. Ethel was married to Chief
Gasa WaNgwane’s brother, Prince Lomahasha.
She took the chief to court after he prevented her from erecting a fence around the old royal kraal, where she was residing. Chief Gasa WaNgwane also stopped her from building a new pit latrine within the royal kraal.
High Court Judge Mumcy Dlamini dismissed her application. She filed an appeal and the Supreme Court ruled in her favour in 2019.
However, Chief Gasa WaNgwane at first did not comply with the order of the Supreme Court. During that period, Ethel filed contempt proceedings against the chief in the Supreme Court. Ethel demanded costs at a punitive scale from the chief and that they must be borne by him.
The chief told the court that Ethel
and his (chief’s) attorneys agreed that the matter should be taken to Ludzidzini Royal Council, after she had moved the contempt proceedings.
Chief Gasa WaNgwane said the royal council advised that he should accept the Supreme Court judgment, which he did, as he had started to comply with it at the time the contempt proceedings were moved.
According to the chief, Ethel had started to build the pit latrine and erecting the fence around the old umphakatsi. However, he said there was grumbling from the umphakatsi council.
The royal council, according to Chief Gasa WaNgwane, held that he must utilise the umphakatsi that he was building and construct his community hall.
However, he argued that Ethel and the children of his brother should remain in the previous chief’s royal
kraal. The latter part of the ruling, according to the chief, was being defied by Ethel’s children.
“The children of my brother (my children) do not see eye-to-eye with me yet I am their chief and father (uncle) and maybe I did not handle the matter of their mother in a manner expected by them, because I believed that I had full control over the old royal kraal.
“By directing their mother to put the pit latrine at the upper part of the compound and not near the community hall, was for hygienic purposes, as it emits foul odour and green flies visit the hall often. The issue of the fields was resolved by the Ludzidzini Royal Council amicably,” submitted the chief.
He further informed the court that when the matter started, he was in the process of completing his royal kraal, which is a couple of metres away from
the old royal kraal, duly separated by a dirt road.
Chief Gasa WaNgwane said in 2021, the entire royal kraal was burnt down during the political unrest. He said his home was also razed to the ground, such that he now stays close to 150 kilometres from his umphakatsi.
The chief further told the court that there was no school of chiefs such that one learnt new things every day from other chiefs, elders, courts royal councils and books dealing with public administration.
Control
“I was still young in my chief role when the dispute arose, such that I was not aware of the limit of my powers on the old royal household, to such an extent that I believed that control of my father’s loin clothes, shield, spear and sticks (tindvuku) also meant the place where they were originally kept. I now know that I am the chief overseer of
the old umphakatsi and a father to everyone there. I was not aware of the siSwati word ‘emaboleleni’ as a chief back then and I now teach the new chiefs of this word and effect,” said Chief Gasa WaNgwane.
He said he was not schooled by the Ludzidzini Royal Council and Liqoqo on the issue of the old umphakatsi and if lessons were conducted around those issues. According to Chief Gasa WaNgwane, if the law on such demarcation was ever taught, he did not hear the lesson, because he was amazed and in shock at the appointment as a chief and his mind could have been wandering during the lessons.
He argued that as a result, the court did not need to deal with the contempt proceedings, as he was consulting with the relevant traditional structures. He prayed that costs should not be granted against him but each party should be ordered to pay its costs.