CHIEF Justice (CJ) Bheki Maphalala has died in South Africa, where he had been receiving treatment after he was transferred from a private hospital in the country.
Maphalala, who had served as the head of the Judiciary for almost 11 years, succumbed to an undisclosed illness while receiving treatment in the neighbouring country. A close family member confirmed his death shortly before attending a family meeting at the Maphalala family home yesterday.
The family member, however, requested not to be named, explaining that he was not the senior person mandated to officially confirm the death.
Chief Bhozongo of the KoNtjingila Chiefdom also confirmed receiving the sad report from the Maphalala family.
Chief Bhozongo said members of the family came to officially report the death to him yesterday afternoon.
Maphalala was also Indvuna of the KoNtjingila Chiefdom under Chief Bhozongo, adding a traditional leadership role on top of his career in the Judiciary.
His death brings to an end the tenure of a CJ who had been at the helm of the country’s Judiciary since 2015.
Maphalala was appointed acting chief justice in June 2015 following the suspension of then CJ Michael Ramodibedi. Ramodibedi was removed from office in June 2015 following an inquiry by the Judicial Service Commission into allegations of abuse of office.
Maphalala was subsequently appointed permanently to the position in November 2015. Government records from May 2015 show that he was tasked with ensuring the proper functioning of the Supreme Court, court administration and the resumption of Supreme Court sittings while acting as chief justice.
Maphalala had already established himself within the country’s legal fraternity before assuming the country’s highest judicial office.
He practised as an attorney from 1992 until 2009, when he was appointed a judge of the High Court.
In 2011, he was elevated to the Supreme Court, before becoming acting chief justice in 2015 and subsequently Chief Justice.
He was also the first Liswati to be appointed permanently to the Supreme Court, according to biographical information presented by the African Electoral Justice Network.
During his tenure as chief justice, Maphalala also took on regional responsibilities.
He served as Chairperson of the Southern and Eastern Africa Chief Justices Forum, representing Eswatini in regional discussions on judicial independence, human rights and the administration of justice.
In his regional capacity, he addressed issues affecting Judiciaries across Africa, including Judicial independence and the need for courts to respond to emerging technological developments.
One of the issues he addressed in his final year was the growing impact of artificial intelligence and digital technologies on electoral justice.
In July, Maphalala also spoke out on the independence of the Anti-Corruption Commission (ACC), saying politicians should stay away from the commission’s operations and should not interfere with its work.
He maintained that the ACC should be allowed to independently execute the mandate provided for under the law.
His final months in office also saw him receive and deliver the findings of the Judicial Commission of Inquiry into allegations of impropriety at the Master’s Office of the High Court.
Maphalala officially presented the commission’s report in August, bringing to a close the inquiry into allegations surrounding the administration of the Master’s Office.
In May, he addressed judges during an Africa Electoral Justice Network training programme on artificial intelligence and electoral justice.
The Judiciary said the programme formed part of efforts undertaken during his tenure as Chairperson of the Southern and Eastern Africa Chief Justices Forum to develop a toolkit on artificial intelligence and electoral justice for judges and electoral courts across Africa.
In June last year, Maphalala also addressed a commemoration of the Constitutional Court of South Africa in his capacity as chairperson of the regional Chief Justices Forum, where he spoke on judicial independence and the protection of judges from political interference.
His death comes while the Judiciary continues to deal with a number of institutional matters that arose during his tenure, including efforts to strengthen court administration and modernise the justice system.
Maphalala’s nearly 11 years as Chief Justice spanned a period in which he served not only as the country’s senior judicial officer but also as a prominent voice in regional judicial affairs.
‘MAPHALALA SPEARHEADED KONTJINGILA DEVELOPMENT’
CHIEF Bhozongo has described the late Chief Justice Bheki Maphalala as an experienced person, who made a significant contribution to the development of the KoNtjingila Chiefdom, where he served as an Indvuna.
Chief Bhozongo said Maphalala used his experience to help guide the chiefdom, particularly in spearheading the construction of the chiefdom.
He said Maphalala’s experience was also valuable in helping the chiefdom resolve problems that arose.
“He was an experienced person who helped the chiefdom a lot with his experience, especially in spearheading the construction of the chiefdom and guiding us. He also helped us in solving problems,” said Chief Bhozongo.
He said they were deeply touched by Maphalala’s death, describing his demise as a loss to the chiefdom.
He extended condolences to everyone affected by Maphalala’s passing, including members of the KoNtjingila Chiefdom and the nation at large.
