Mbabane – Traditional leaders have asked the High Court of Eswatini to dismiss a local man’s case, arguing the court lacks jurisdiction over disputes involving Swazi Nation Land. The request challenges the High Court’s authority to adjudicate matters falling under traditional authority.
The legal challenge comes after the Ludzidzini Council ordered Michael Celane Ndzinisa to vacate the property at Lobamba Lomdzala within 30 days.
Indvuna Bheki Dube filed an answering affidavit stating that the High Court cannot hear the matter. Traditional structures hold the proper constitutional authority to decide land disputes on Swazi Nation Land.
The court papers state that traditional institutions like Chiefs, the Ludzidzini Council, and the Liqoqo possess the required judicial powers for these cases. Dube argued that the applicant failed to exhaust these local traditional appellate remedies before approaching the High Court.
The respondents further contend that Ndzinisa brought a defective application before the court. Ndzinisa attempted to review the traditional council’s decision through an urgent interlocutory application for contempt.
Legal representatives noted that contempt proceedings and review proceedings carry entirely different requirements . The traditional authorities argue that Ndzinisa should have filed a fresh, separate review application instead of disguising it within contempt proceedings. Furthermore, the respondents noted that the applicant failed to attach the actual written rulings he wants the court to review.
The traditional council previously ruled against Ndzinisa after family members accused him of terrorizing his 91-year-old mother, Grace Tatela Ndzinisa. Family affidavits state that the land was lawfully allocated to the applicant’s late father and mother, making the mother the rightful owner.
The council ordered Ndzinisa to leave the home to end ongoing family conflicts regarding land claims and water access. The respondents maintain that the traditional council’s ruling is final, binding, and has the full effect of a court order.
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