… Says judges are not “rubber-stamps” and must be satisfied that sufficient evidence exists before authorising arrest warrants
BY THEMBA ZWANE
MBABANE– Chief Justice Bheki Maphalala has emphasised the importance of allowing the Anti-Corruption Commission (ACC) to carry out its constitutional mandate independently, saying the fight against corruption is strengthened when institutions perform their respective roles without undue interference.
Addressing public concerns surrounding the handling of corruption-related matters, Maphalala clarified the judiciary’s role in considering applications for arrest warrants submitted by investigative authorities. He stressed that judges are not “rubber-stamps” and are required by law to carefully assess every application before granting approval.
“We are not rubber-stamps. We need to thoroughly examine every alleged offence to determine whether there is sufficient legal basis to support the application before us,” he said.
The Chief Justice explained that the Constitution remains the supreme guide in the administration of justice, guaranteeing the fundamental rights of every citizen while ensuring that the rule of law is upheld.
He said judicial officers have a constitutional duty to satisfy themselves that all legal requirements have been met before authorising an arrest warrant, adding that allegations alone are not sufficient grounds for depriving a person of their liberty.
“I want to explain, as the Kingdom’s Chief Justice, that politicians should refrain from involving themselves in the work of the Anti-Corruption Commission. The law provides for the Commission to discharge its responsibilities independently,” he said.
Maphalala reiterated that the ACC should be allowed to investigate corruption cases without undue influence, saying institutional independence is essential for the effective discharge of its responsibilities.
“Let the ACC work independently and without interference. If that does not happen, the ACC will not be able to perform its duties. It can only perform its duties if there is no interference, as required by the law,” he said.
The Chief Justice’s remarks come amid ongoing national discussions on strengthening the country’s fight against corruption. Recent public comments by Prime Minister Russell Dlamini highlighted concerns regarding the challenges facing anti-corruption efforts, including the legal processes involved in obtaining arrest warrants.
Responding to public interest on the matter, Maphalala explained that every application presented before the courts is considered on its own merits and must undergo careful judicial scrutiny before any decision is reached.
He said the judiciary’s responsibility is to ensure that every decision complies with the Constitution and applicable laws while protecting the rights of all citizens.
“I practised law for over 20 years before I was appointed Chief Justice. I cannot simply sign any document. I must first read it carefully and satisfy myself that it meets the legal requirements before I sign,” he said.
Maphalala also reflected on his legal career, noting that throughout his service as an attorney, High Court judge, Supreme Court judge and now Chief Justice, he has remained guided by the law, evidence and constitutional principles.
He maintained that an independent judiciary and an independent Anti-Corruption Commission are complementary institutions that each play an important role in promoting accountability, justice and good governance.
The Chief Justice said respect for the constitutional responsibilities of every institution strengthens public confidence in the justice system and enhances the country’s collective efforts to combat corruption.
He concluded that the effective fight against corruption depends on all institutions performing their respective mandates in accordance with the Constitution, the law and the principles of fairness, independence and accountability.
(Courtesy Pic)
