Aw Ǧ tra†itionalists

decisions; orders, pronouncement or judgment by traditional structures had to be respected. He said emaSwati would get the justice they deserved at their chiefdoms. Khumalo said Judge Majahenkhaba Dlamini once mentioned that verdicts from traditional structures should be implemented.

Chief Mdlaka Gamedze said he understood the judgment to mean there was no need for any enforcement from any other court once a traditional structure had made a decision, issued an order, and issued a judgment. However, he stated that he would not like to comment further until he got clarity on the other judgment issued by Judge Mbutfo Mamba on rulings by ndabazabantu. In his recent judgment, Judge Mamba stated that rulings by ndabazabantu was not binding.

It should be noted, however, that the judgment by Judge Dlamini is distinguishable from the one that was previously issued by the High Court, wherein it was ruled that the King’s liaison officers or bondabazabantu were not court tribunals or adjudicating bodies and their decisions had no force of law.

Clarity

“Let me not question the recent judgment by Dlamini. I think the relevant people would provide clarity on the two judgments made by two different judges,” said Gamedze who however, stated that he only saw the headline of Judge Dlamini’s judgment.

Gamedze said there was a lot that needed to be fixed as far as the interference of other laws on Customary Law was concerned. “We have cases which fall under Customary Law, but dealt with in other jurisdictions. For example, you find a judge presiding over a land dispute emanating from Eswatini Nation Land. Ideally, any matter that pertains to a land dispute on Eswatini Nation Land should be dealt with under traditional structures. It is common knowledge that land is not for sale on Eswatini Nation Land but you find some judges presiding on matters emanating from the sale of land on Eswatini Nation Land,” he said.

He added that it was important that every judge consulted from the relevant people before deciding a case.

Mbabane National Court President Two minutes Shongwe said Judge Dlamini made a precise judgment.

He said the judgment would wipe the mentality that traditional structures were operated by people of the loins under the tree (bantfu bemajobo phansi kwesihlahla).

Shongwe likened Dlamini’s judgment as a reminder that emaSwati were rooted in their culture. He stated that the orders, pronouncement, decisions and judgment made by traditional structures were linked to Eswatini laws and customs.

He said a clear understanding of Eswatini customs made it easy to deal with disputes emanating from families, communities or chiefdom level.

“Verdicts issued by traditional structures are not in any way meant to harm emaSwati, but they are meant to admonish and correct them. It is for that reason the verdicts are always accompanied by warning and free advices,” he said.

Shongwe stated that there were many instances where Eswatini customs had been used to solve disputes among families, especially during the succession period. Poko Mamba, King’s Liaison Officer, also appreciated the judgment, stating that he would personally thank Judge Dlamini.

However, Senior Lawyer Sipho Gumedze said it was not a given that a decision, order or judgment issued by traditional structures had the full force of law. Gumedze said each adjudicating body must first have jurisdiction in law before deciding matters. He said there were instances where adjudicating bodies dealt with matter outside their jurisdiction just because they were reported.

“I haven’t read the judgment, so I may have to see it before I can comment on it,” he said.