RA barred from KaGasa, KaLiba affairs

The High Court has barred Shiselweni Regional Administrator (RA) Themba Nhlanganiso Masuku from interfering in the long-running KaGasa and KaLiba chieftaincy dispute, while also stopping meetings, ceremonies and construction activities linked to the contested traditional authority.

The interim order was granted yesterday following an urgent application by acting KaGasa Umnumzane Mafonto Elmoth Msibi who accused the RA of unlawfully imposing a chief and disregarding previous court orders. Msibi was represented by lawyer Khumbulani Msibi before High Court Judge Zonke Magagula.

The court then issued a rule nisi returnable on June 11 which was effectively preventing Masuku from intervening in the dispute pending final determination of the matter.

Part of the order reads, “interdicting the regional administrator for Shiselweni from interfering in the long-standing chieftaincy dispute between KaGasa and KaLiba area as the dispute is pending determination by the office of the king,” reads part of the court order.

The High Court further interdicted respondents from holding meetings, ceremonies or construction activities anywhere in KaGasa, including KaMagoloza Mountain, pending finalisation of the dispute before the Swazi National Council (SNC) Standing Committee.

Furthermore, the Royal Eswatini Police Service (REPS) was directed to ensure compliance with court orders and was prevented from supporting activities that could violate existing judgments.

The urgent application arose after Msibi alleged that Masuku intended to supervise construction of a royal kraal and umphakatsi at KaMagoloza on May 21 under police protection.

Msibi claimed that Masuku summoned KaGasa Indvuna Dumsani Msibi to his offices in Nhlangano and informed him that KaGasa now had a new chief under KaLiba leadership.

Msibi further alleged that Masuku dismissed a previous High Court order restraining construction activities at KaMagoloza.

He claimed that Masuku mocked the court order, allegedly saying, “angibusebentimine lobulima lobu,” while holding a copy of the judgment.

Msibi also alleged that the RA threatened to deploy large numbers of police officers to ensure construction proceeded despite court rulings. The acting KaGasa administrator argued that Masuku had exceeded powers granted under Section 83 of the Constitution.

“The regional administrator has no power to come and impose a chief onto any place in this country,” Msibi stated in his founding affidavit, maintaining that disputes relating to traditional authority fall under the king and traditional structures rather than regional administration offices.

Msibi stated that the matter was reported to the Swazi National Council Standing Committee and remained pending. The application cited Masuku, Chief Mlotshwa Dlamini, Indvuna Hayinda Makhanya, the national commissioner of police and the attorney general, among other respondents.

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According to the affidavit, the dispute over authority at KaGasa dated back to 2005 and remained unresolved before the Swazi National Council Standing Committee, which advised the king on chieftaincy disputes and boundaries in terms of Section 252 of the Constitution. Msibi said another dispute was reported in 2015 while a related matter was filed before the SNC in 2017 and remains unresolved.

“The duty to determine this dispute is not within the powers of the regional administrator but vests with the king in Libandla,” he stated.

Msibi claimed that Masuku vowed to supervise construction at KaGasa personally on May 21 under police protection and had already mobilised churches to contribute food for attendees.

He alleged that the regional administrator bragged that he had unlimited authority over police and would deploy large numbers of officers to ensure the project proceeded.

Msibi told the court the respondents had renamed KaGasa as Embusweni, which he argued demonstrated contempt for existing court orders.

Supporting documents attached to the application included a letter allegedly issued by a royal kraal requesting churches to contribute food towards events planned for May 21.

Another annexure is a letter dated May 4 from the ministry of tinkhundla administration and development addressed to KaGasa Indvuna Dumsani Msibi.

In the letter, RA Masuku accused Dumsani of stopping construction of a community dip tank project without authority. The office stated that Dumsani had obstructed machinery meant to construct a new community dip tank and argued that only recognised traditional authorities had powers over such developments.

Masuku further accused Dumsani of illegally using an unauthorised stamp to certify community documents within KaGasa.

The letter stated that Dumsani had never been granted authority by Chief Mlotshwa Dlamini to use an official stamp or act as an Indvuna.

The office accused him of impersonation by allegedly presenting himself as a traditional leader without recognition.

Dumsani was instructed to surrender the stamp to the RA’s office before May 8, failing which police action would be taken. In a confirmatory affidavit filed before court, Dumsani Msibi confirmed being summoned by Masuku and reprimanded over his use of the KaGasa stamp.

Dumsani supported allegations that Masuku threatened to use the police to force the construction of the disputed umphakatsi.

However, Dumsani denied wrongdoing and supported claims that KaGasa leadership issues remained unresolved.