Ex-magistrate, another allegedly disobey court orders

MBABANE – Jail time has been sought for former Magistrate Dumisani Magagula and an individual with whom he is alleged to have disobeyed court orders in matters concerning the affairs of Ekuphumleni Society, in which E12 million was reportedly unaccounted for.

In Ekuphumleni Society, hundreds of members contributed various amounts of money for a residential township development in Nhlangano. The project was established about 20 years ago. Its aim was to purchase land, subdivide it and allocate residential plots to its members, many of whom are pensioners and long-term savers. Members alleged to have discovered millions of Emalangeni were missing, with reports noting that as little as E3 000 at some point remained in the account. The Board, which included the former magistrate, who was in office at time, was accused of unconstitutional governance, staying in power past term limits and mismanaging funds without budget transparency.

In the present court application, filed by Wandile Ndlangamandla, who is a member of the society, former Magistrate Magagula and Sipho Mndzebele, are accused of mounting a direct, calculated challenge to the authority of Eswatini’s courts. Ndlangamandla seeks an order committing them to prison for allegedly defying two court orders concerning the affairs of Ekuphumuleni Society.

Ndlangamandla has approached the High Court on an urgent basis, asking it to declare Magagula and Mndzebele in wilful and unlawful contempt of an order issued by Judge Sabelo Masuku on August 14, 2026, as well as a subsisting interdict granted by the Shiselweni Magistrates Court.

Ndlangamandla wants the two committed to prison for 30 days, or such period as the court considers appropriate. However, he proposes that the committal be suspended on condition that they purge their alleged contempt within three days.

According to the filed papers, should they fail to do so, Ndlangamandla wants the station commander of Nhlangano Police Station, or any member of the Royal Eswatini Police Service, authorised to arrest them and commit them to the nearest correctional facility.

Ndlangamandla, who describes himself as a fully subscribed member of Ekuphumuleni Society, alleges that Magagula and Mndzebele deliberately defied orders concerning the administration of the society and the election of a new Board.

He states that the Shiselweni Magistrates Court issued an order on February 23, 2026, declaring Magagula, Mndzebele and two other respondents to be unlawfully occupying the Board of Directors’ office and exercising executive functions unlawfully.

According to the founding affidavit, the order also directed members of the society to conduct elections for a new Board in accordance with its constitution and interdicted the four respondents from carrying out activities, functions or administrative work of the society.

Ndlangamandla states that following an appeal and its subsequent withdrawal, the parties agreed that elections for a Board of directors would be conducted within 60 days of the High Court order.

The agreement, he states, was made an order of court by Judge Masuku on August 14. The parties allegedly further agreed that, because there was no clause dealing with the appointment and functioning of an electoral officer, members would meet and determine how the elections should be conducted.

A notice was consequently issued on August 17 scheduling a meeting for September 27 at Emgubaneni. Ndlangamandla says the agenda included verification of fully subscribed members, election guidelines, selection of an electoral officer, nominations, voting methods and fixing the date for elections.

However, he alleges that Magagula and Mndzebele premeditatedly and deliberately hijacked the September 27 meeting.

According to the affidavit, the two allegedly erected a private tent, installed a public address system and took control of proceedings without the members’ consent.

Ndlangamandla alleges that Magagula declared himself chairperson of the society and insisted that he would chair the meeting.

He states that members requested an opportunity to elect an independent chairperson from the floor in terms of Clause 16 of the society’s constitution, but their request was allegedly refused.

Ndlangamandla further alleges that Magagula and Mndzebele announced that they and their agents would conduct the verification of society members beginning on September 28, 2026.

He contends that they lacked authority to undertake the exercise because they had been interdicted from performing administrative duties.

The affidavit further alleges that Magagula announced that a meeting would be held on October 25 to allocate plots on Farm No. 1113.

Ndlangamandla argues that the proposed plot allocation would undermine the court-ordered process for electing a new Board. He alleges that when members continued requesting access to the microphone, Mandla Sibandze, acting with Magagula and Mndzebele, switched off the PA system, announced that the meeting was over and dismantled the tent.

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