swaziland times

BABANE – High Court Judge Titus Mlangeni has reinstated a 90-day jail sentence imposed on businessman Issufo Calu.

This follows an urgent application filed by oil company Galp Eswatini PTY (LTD) challenging the businessman’s early release from the correctional facility, which was decided in the High Court yesterday. Carew was detained by HMCS at Sidwasini detention centre but failed to serve out his sentence, which was imposed by the same judge on charges of contempt of court. According to previous reports, he was detained for only about three days.

This obviously did not please the oil company’s management, and the company became embroiled in a protracted legal process over the deterioration of the lease relationship. The oil company has a lease relationship with Calu, and the leased premises are located at Shop No. 0, Ground Floor, Big Tree Complex, Matsapha. The parties held opposing views as to their respective rights and obligations under the lease agreement. The background to the dispute shows that the oil company initiated arbitration proceedings based on a clause in the lease agreement but did not receive the necessary cooperation from Carew and his company.

Cancel

Ncamase Investments PTY (LTD) sent a letter on 19 February 2024 stating that it would cancel the lease agreement from 13 February 2024 (i.e. mid-month). Strangely, the date indicated that the cancellation was to be retrospective. This was followed by an email dated February 29, 2024, in which the first defendant informed the management of the oil company that they no longer had a lease agreement and were asked to remove their belongings from the premises or that “we are in the process of removing them”.
The oil company claimed that on March 2, 2024, the day after the brief warning, the businessman’s company began removing the oil company’s assets from the leased premises.

These facilities include large underground tanks, fuel pumps, a canopy to shelter the filling station, and various other accessories to operate a filling station. A series of legal proceedings ensued, culminating in the oil company obtaining a restraining order against Calu, a director of Ncamase Investments. The businessman reportedly failed to comply with the order and was jailed for 90 days. However, he was released earlier than expected. This led to the oil company launching legal action against the Royal Navy, challenging Carew’s early release.

In court papers filed at the High Court, Galp Eswatini (PTY) LTD, the company that has been locked in a long-running legal battle with the businessman, questioned why the businessman was released early. Galp Eswatini managing director Bruno Marques argued that HMCS failed to provide basic details for the early release of the businessman.

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He said the ministry should issue a court order directing officials to facilitate the businessman’s early release. He said the only document provided by the ministry was a memorandum, which he said was illegal and unconstitutional. He said the businessman was not eligible for early release. In his founding affidavit, Marquis attempted to convince the court to compel the Royal Navy to arrest Carew immediately so he could return to serve his full 90-day sentence. He asked the court to quash the Royal Navy’s decision to release the businessman, saying it had no legal basis. Marks submitted the decision: “The decision of the first defendant on August 6, 2024 to release the second defendant, pursuant to the order of Justice Mlangeni dated August 3, 2024, in which the second defendant was sentenced to 90 days’ direct imprisonment without the option of a fine for contempt of court, is hereby reviewed and quashed.”

persuade

In an attempt to convince the court to rule in his favour, the company’s managing director said his application raised serious issues concerning the rule of law and administration of justice.“Contempt of court is not an issue between the parties, but an issue between the court and the party who does not comply with the mandatory order of the court. “This will lead to disrespect for the courts and ultimately undermine the rule of law, rendering the judiciary ineffective and ultimately powerless.

“The court must therefore intervene to restore the dignity of the courts and prevent further erosion of the rule of law,” he argued. The case finally came to court yesterday, with Justice Mlangeni reiterating his stance to sentence the businessman to the prescribed 90 days in jail. Calu was also ordered to recover the assets belonging to the oil company, which had been removed from his premises, within 21 days of completion of his sentence. “If Calu fails to do so within 21 days, he will be in further contempt of court and will be dealt with in such manner as the court deems appropriate,” the judge said.