Justice and Constitutional Affairs Minister, Prince Simelane, has publicly thanked His Majesty King Mswati III for the recent appointment of the Judicial Service Commission (JSC), saying the commission’s return comes at a critical moment for the country’s Judiciary.
Speaking during a session in the House of Assembly on Wednesday, Prince Simelane said the newly appointed JSC is expected to tackle long-standing issues, particularly the employment conditions and pay structure for magistrates. He pointed out that magistrates continue to face challenges with unfair remuneration and that the commission now carries the responsibility of ensuring these matters are addressed.
“This commission is vital, as it oversees the employment of both judges and magistrates,” said the minister.
His remarks followed a media report quoting the Chief Justice as stating that Parliament has no authority over magistrates’ salaries. This prompted a tense exchange, with Lobamba Lomdzala MP Marwick Khumalo challenging the minister’s reliance on press reports, and insisting that only formal communications from the Chief Justice should be presented in Parliament.
In response, Prince Simelane defended his reference, stating that he was mandated by Parliament to respond to the concerns of magistrates but found himself trapped between overlapping powers. He used a metaphor to describe his frustration: “If you see me collapsing, just know it will be from kicking a ball with no direction.”
To break the deadlock, he proposed a high-level meeting between the heads of the three arms of government — the Prime Minister, Chief Justice, Speaker of the House, Senate President, and Attorney General — to clarify roles and agree on a proper way forward.
Mbabane East MP Welcome Dlamini pushed for the matter to return to the House, urging the minister to deliver a proper plan and response regarding the magistrates’ salary impasse. He warned that simply reappointing the JSC was no guarantee of progress, as entrenched interests may still be influencing decisions.
Ngudzeni MP Charles Ndlovu supported the view that the JSC should work with Parliament to improve magistrates’ working conditions, arguing that better treatment of judicial officers would improve service delivery in the justice system.
Mhlambanyatsi MP Dr. Bonginkhosi Dlamini took a more cautious stance, suggesting that no action should be taken until Parliament receives detailed reports from the finance and public service ministries.
Mayiwane MP Sicelo Dlamini linked the issue to the country’s struggle with gender-based violence, arguing that inefficiencies within the Judiciary — including slow case handling — contribute to the rising number of abuse cases going unresolved.
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