SA's legal body concerned over conviction of eSwatini lawyer

The Law Society of SA (LSSA) is gravely concerned by the recent conviction and imprisonment of president of the Law Society of eSwatini, Mangaliso Magagula, on charges of contempt of court. Magagula’s conviction arises directly from his professional conduct in representing his client. Swaziland News reports that Judge Titus Mlangeni sentenced Mangaliso Magagula to four months' imprisonment without an option of a fine. He was charged for contempt of court for labelling court proceedings a secret meeting in the matter between Ncamase Investments(Pty) Ltd and Galp eSwatini. LSSA president Nkosana Francois Mvundlela said lawyers are not above the law, ‘but neither should they be below it’. ‘No lawyer should be compelled to apologise for performing their professional duties ethically and in accordance with the law. The right of citizens to legal representation is a cornerstone of any democratic society, and it is incumbent upon us all to safeguard that right,’ he said.

Magagula’s alleged contempt arose from affidavits filed on behalf of his client, describing certain proceedings as 'secret', a matter which remains subject to appeal before the kingdom’s Supreme Court. In a statement received by Legalbrief, LSSA said It is deeply troubling that the court held Mr Magagula personally responsible for statements made by his client in the ordinary course of legal representation. ‘Such a development is not only alarming for the legal profession in Eswatini but should concern all members of the legal fraternity across Southern Africa and beyond. The principle that lawyers must be able to represent their clients without fear of intimidation or sanction is enshrined in both international and regional instruments, including the UN Basic Principles on the Role of Lawyers and the International Bar Association’s International Principles on Conduct for the Legal Profession. These principles oblige governments and judiciaries to ensure that lawyers can discharge their professional duties without harassment, hindrance, or improper interference.’

Full Swaziland News report