Ex-Judge Sipho Nkosi back in private practice
MBABANE ± True to his word, former Judge Sipho Nkosi is back in private practice.
On Friday, Nkosi, who was removed as a judge in February 23, 2022 after an impeachment process he described as a kangaroo set-up, appeared for the first time on the ‘wrong side’ of the courtroom ever since he ceased to be a judge.
The former judge mentioned in an interview with this publication in April 2021, that he would be back in private practice.
Nkosi was interviewed at the High Court during his suspension on allegations of misconduct and absenteeism.
In April 2021, he was at the High Court for the bail hearing of his brother-in-law who had been accused of sexually abusing and impregnating a minor who was 16 years old.
During the interview, Nkosi said he would return to legal practice ‘ngitosita bantfu’.
“S.A. Nkosi Attorneys never stopped operating. It has always been up and running. I have always said I would return to private practice,” the former judge said.
He has kept his word. For about a year after his removal as a judge, he has been under the radar. He surfaced yesterday, representing Afreecan Oil Chemicals (Pty) Ltd against Eswatini Civil Aviation Authority (ES:ACAA).
The matter was before Judge Mumcy Dlamini on Friday. Nkosi was once a principal to Judge Dlamini when she was still learning the ropes of the trade.
APPOINTED
According to the letter of appointment, Nkosi’s law firm, S.A. Nkosi Attorneys, has been appointed as co-counsel with Linda Dlamini of Linda Dlamini and Associates. S.A. Nkosi Attorneys is situated at Mafutseni.
After some run-ins with the Judicial Service Commission (JSC), Nkosi was suspended from work on August 12, 2021 by His Majesty King Mswati III. The suspension was in terms of Section 158 of the Constitution, through Legal Notice No.241 of 2021.
“In exercise of power vested in me in terms of Section 158 of the Constitution of Eswatini Act No.5, 2005, I Mswati III, King and Ingwenyama of Eswatini suspend Justice Sipho Anthony Nkosi from being a judge of the High Court of Eswatini with immediate effect,” read part of the legal notice which was signed by the King at Lozithehlezi.
Nkosi was then called upon by the JSC to show cause why he should not be impeached for professional misconduct.
The former judge was no longer allocated urgent matters. In just one day and after leading only two witnesses, the JSC concluded the impeachment, which was conducted in Nkosi’s absence at the Royal Villas, Ezulwini.
The process was chaired by Chief Justice Bheki Maphalala, who is the Chairman of the JSC and the office of Robinson Bertram prosecuted.
:hile the hearing was ongoing, Nkosi was at Lozitha to serve the King’s Advisory Council (Liqoqo) with a letter in which he alleged breaches of the Constitution by the chief justice.
“This whole process is corrupt and unlawful.”
This was said by Nkosi in his letter to the King’s Advisory Council. The former judge said there was no way that he would get a fair hearing during the impeachment which was supposed to start last Monday.
He said the fact that the impeachment was held in camera showed that it was secretive.
“Further, despite my insistence to the secretary of the commission that the press and public should be allowed access to the conference room, the press was denied entry into the enquiry thus confirming that the enquiry was a secretive and sinister cabal masquerading as judicial tribune,” said the judge.
Nkosi mentioned that on August 28, 2021, when he attended the impeachment inquiry, =weli Jele interjected when he made his representation on how he would conduct the inquiry.
He said the chief justice intervened and ordered him to stop talking on his own behalf since he had an attorney. Nkosi said he had not given his attorney full instructions to talk on his behalf.
This, according to Nkosi, showed that the whole process was allegedly corrupt and unlawful. He alleged that the chief justice addressed him as Mr Nkosi and not as Judge Nkosi.
“Further confirming the fact that the whole process has been predetermined by the chief justice and his attorneys, there is no way that I can receive a fair hearing.”
He said there were other serious transgressions that had allegedly been committed by the chief justice pertaining to the manner he administered the courts.
He said he avoided confrontation and tried to negotiate but his request for meetings was allegedly rebuffed.
“I am ready to reveal to a properly constituted commission all the transgressions aforesaid. I am willing and able to face any lawful charges before a properly constituted commission.”
Nkosi said he advised members of the ad hoc committee to investigate the alleged misbehaviour of the chief justice.
“As a true liSwati I subject myself to the Ingwenyama’s mercy.”
After being removed as a judge of the High Court of Eswatini, Nkosi said he would not rest until his name was cleared.
Nkosi was removed by the King in exercise of powers conferred by Section 158 of the Constitution of the Kingdom of Eswatini.
INTERVIEW
In an interview with this publication on his removal, Nkosi said as much as it was a relief that his services had been terminated, he would never at any point accept that he committed serious misconduct.
He said he would never be subjected to a situation where he was portrayed as having done something wrong.
“Loko ke angeke. Uma batsi ngona, cha! (I did nothing wrong),” said Nkosi.
The legal notice in terms of which the termination of Nkosi’s services were terminated stated that he was removed for serious misconduct.
“I, King Mswati III and Ingwenyama of Eswatini hereby remove Sipho Anthony Nkosi as judge of the High Court for serious misbehaviour with effect from the date (February 23, 2022) of notice,” reads the notice.
According to the third, fourth and fifth charges, Nkosi was accused of committing serious misconduct.
Despite being found guilty and dismissed, Nkosi said he did not accept that he committed misconduct in any way.
He told this publication that he would do everything in his power to clear his name. The removed judge said he would not rest until he achieved that. Nkosi said his reputation was at stake.
“I’ve got a reputation internationally, especially in SADC. I’ve got a very strong reputation about my solid moral principles,” he said.
He was adamant that he did nothing wrong, instead he was being crucified for standing his ground. He said although he was relieved that he had left the injustice he was subjected. Nkosi pointed out that it was imperative that he cleared his name since he did nothing that amounted to misbehaviour or misconduct.
He also mentioned that the process of his impeachment was nothing but a kangaroo court. He highlighted that the chief justice was the complainant and judge during the impeachment hearing.
“The chief justice became a judge in his own course. I have a family and a reputation, so I will not let my name to be tarnished just like that.”
He further alleged that lies were told about him to the King, resulting in his dismissal. Nkosi decried that it was unfortunate that he did not get an audience with the King to present his side.
According to Nkosi, he tried to seek an audience with the country’s authorities but his efforts hit a snag as he was informed that he would be called at a later stage.
“Lapha kubole kusephucu (there is a lot of rot there). Even though I am relieved that I have been removed from the rub sh I was subjected to, I still want my name to be cleared. 8ntil my name is cleared, I will not rest,” said Nkosi.
IMPEACHMENT
He further repeated the comment he made when he was interviewed during the course of the impeachment hearing to the effect that he had nothing to lose because he had lost everything.
“My dignity has been impaired but I have learnt my lesson. I have forgiven myself and I want to move on. It does not matter which way I move on by I’m ready to do just that,” said Nkosi last year.
He went on to allege that during his tenure as a judge he worked under a mafia set-up as there was a lot of interference, citing the Sipho Shongwe case where he was accused of having accepted a bribe.
Nkosi said he was accused of accepting a bribe of E300 000 for the release of Shongwe, who allegedly killed businessman and football administrator Victor Gamedze on January 14, 2018.
Nkosi is the fourth judge to be impeached in 10 years in the country, which is the highest number in southern Africa. Other judges who were impeached before Nkosi are Judge Thomas Masuku, former Chief Justice Michael Ramodibedi and Mpendulo Simelane.
Nkosi cut his teeth as a judge when he was appointed an acting judge of the Supreme Court. In early 2016, he was appointed a permanent judge of the High Court together with Judge Titus Mlangeni.
Some of the judges who were appointed during the same period were Judge Cyril Maphanga and Judge John Magagula.
Nkosi was a lecturer at the 8niversity of Eswatini in the early 1990s and he is a former president of the Law Society of Eswatini. Nkosi is known for his varied experience in legal issues.