MBABANE – Judge Titus Mlangeni yesterday sentenced Advocate Lucas Maziya and his instructing attorney, Luke Malinga, to seven days imprisonment.
This was after the judge found them to be in contempt of court. Judge Mlangeni gave the pair an option of a fine of E3 500 each. The contempt of court emanates from the matter that saw the incarceration of another Lawyer, Machawe Sithole, also for contempt, by the same judge. Sithole was released after less than 24 hours behind bars. He challenged his incarceration in court.
Failed
The order which Advocate Maziya and Malinga are said to have failed to comply with states that: “All counsel present, including L. Malinga, are hereby ordered and directed to travel to where the goods are said to be, to inspect them and take pictures for the court’s attention.” The goods in question are items that were removed from a house situated on Lot. 30, at Mountain View, in Ezulwini. The house was occupied by Lungile Dlamini. Sithole obtained an eviction order at the magistrates court against Lungile. The court heard that a messenger of the court, Wiseman Dlamini, failed for months to evict her and she allegedly insulted and threatened him with a name of a traditionalist. Another messenger of the court, Msimisi Shongwe, is said to have managed to evict Lungile by force in line with a court order.
Lungile, who is represented by Advocate Maziya, on the instruction of Malinga, is seeking a rescission, among other prayers, following the granting of the eviction order. She was evicted in favour of Ntekati Trust Fund. Sithole disputed that he was in contempt and argued that he complied with the order to evict Lungile. However, according to Sithole, each time he removed Lungile’s items from the house, they would be taken back and it appeared as if he was not complying with the order. This resulted in Sithole’s incarceration. In the case of Advocate Maziya and Malinga, Judge Mlangeni, before issuing the order which they were found to have not complied with, said, in chambers, the advocate requested his recusal from the matter on the basis that he had information that the household goods that were removed from the house were taken to his (judge’s) homestead.
The advocate, according to the judge, said the goods were kept at the judge’s homestead and as of November 19, 2024, they were still there. Judge Mlangeni stated that the misinformation was corrected and Advocate Maziya was told where the goods were kept and that they could be inspected immediately. “Mr Maziya and Mr Malinga were reluctant to have the goods inspected where they are. It is the court’s view that this inspection is necessary in order to clear any doubt about where the goods are being kept,” the judge noted. Judge Mlangeni then ordered all counsel to go and inspect the goods where they were, but that did not happen, hence the contempt of court and order for the duo’s imprisonment. Meanwhile, the property is owned by the Ntekati Trust Fund for the time being. The current owner was given possession of the property in September 2024, through Attorney Derrick Jele and ‘I am made to believe that Mr Jele has then hired security guards to keep the property safe’. According to the current occupant, the orders that are sought by Lungile are incompetent to be granted by the High Court.
Property
The new owner submitted that Lungile is neither the owner of the property nor is she claiming any title to it and she was not a lawful possessor for the court to protect her legal interests.
“The applicant (Lungile), from the facts of the matter, was an illegal occupier and has no right to be in my house. The applicant was also lawfully evicted through court orders from courts of competent jurisdiction. The applicant’s application is none other than an abuse of the process of the court and it stands to be dismissed with costs at attorney and own client scale,” reads the respondent’s answering papers, in the proceedings where Lungile is challenging her eviction.
