The Honourable Prime Minister has taken government to court over the transfer of land which he says he bought. Throgh his attorneys Mr mabila he has filed papers with the High Court of Swaziland seeking the following order>>>
1. Directing the first respondent and its lawful agents,in particular the Minister of Housing and Urban development) to forthwith sign and execute all requisite documentatio to effect transfer and registration of the property being Certain: Portion 1082 of Farm No.2 Hhohho district situated in the urban area of Mbabane measuring 6084 square metres.
2. Directing the first respondent ( and or its lawful agents, in particular the Minister OF Housing and Urban Development) to pass transfer and registration of the property being certain: Portion 1082 of farm no.2 Hhohho district situated in the urben area of Mbabane measuring 6084 squere metres.
3. Upon failure to comply with prayers (1) and (2) above by the first respondent and or its lawful agents, in particular the Minister of Housiing and urban Development) and after the expiry of a 14-day period, the sheriff and or the Registrar of the High Court be authorised and directed to tfhe sign and execute all requisite documentation to effect trasfer and registration of the property into the name of the apllicant.
4. Costs of the apllication.
5.Futher and/or alternative relief
This is the same land that is being questioned in Parliament, where the Minister of Housing and Urban and Development instructed the Municipal Council of Mbabane to facilitate the reversal of Land allocated to Cabinet ministers including the Prime Minister. This came after the House had moved that she revoke within three (3) weeks ( then), the sale of land to cabinet including the Prime Minister and the Deputy Prime Minister.
According to a report she tabled in Senate, The Mbabane Council wrote to the affected ministers to that effect. The Letters were similar in content basically stated that " Following a resolution passed by the House of Senate on the February 23, 2011 to reverse land allocated to Cabinet ministers, the Ministry of Housing and Urban Development has instructed council to notify you of this development and further facilitate the transfer of the land back to government. These letters were wrutten on the 15th March, 2011.
According to the letters, the ministers are to consult the Chief Executive Officer should they seek further clarity.The revoking had come after concerns from some senators over the way the land deals had been done and the laws followed before reaching the resolution. Meanwhile the House of Assembly also had a task team to investigate the same land deals but they have since been put to halt by a rule nisi that has been issued by the Honourable Chief Justice who presided over the matter during the duratipon of the Supreme Court session.
THis is an act that has sent tounges wagging especially on the Legislature, where some Members of Parliament have been qouted as saying ' The Chief Justice is in bed with the Prime Minister'. As citizens we are hoping that this situation does not result in a constitutional crisis wherein as a country we will be seen to be digressing From ONE OF the Fundamental provisions of the Constitution, that being the respect and Observation of the doctrine of Seperate powers.
The three arms of Government are called upon to cooperate with each other for an efficient governance of the country but the status quo is the direct opposite. All these events unfolded while His Majesty was away on an official visit to Addis Ababa ( Ethopia). he has been informed on his return and when asked on his comments , he calmly responded to say he will await a proper briefing from the Advisory Bodies however did not rule out the Unusual happening where a head of goverment takes his own Office to court. it has later been revealed the His Majesty will call Sibaya that is a national summons calling upon all citizens to gather in the cattle brye for deliberations for issues of concern to the country at large. The date for the National Sibaya has not been identified, it is just a speculation that the very burning Issue for the Call of Sibaya is the current Economic Position the country is in....
Even though The Honourable Prime Minister argues that he sued government in his personal capacity as a citizen of the country, it is argued though that the disputed sale of land was not sold to himas an ordinary citizen but in his officila capacity as the Prime Minister. We llok forward to a fair ending of this spectacle and we praying as a nation that it does not take us to conflict with the ideologies of the rule of law. we further trust the Executive ,Legislature and Judiciary will endeavour to resolve this issue ammicably and fairly to maintain the respect for our Constitutuion and Mornach!!!