SBS TAKES AG TO COURT FOR REPRESENTING BHOYANA

 MBABANE  – The Swaziland Building Society has taken the Attorney General (AG) to court for representing businessman Rodgers Bhoyana Du Pont, who is a private citizen.

The businessman is currently locked in a court battle with the bank over the sale of a farm situated at Croydon in the Manzini region and judgment is yet to be delivered.

In the main matter, the businessman wants the court to reverse the sale in execution of Farm No.769 situated at Croydon on the basis that it was allegedly irregular. The AG represented him during the proceedings before the Supreme Court.

The bank has now filed an application where it wants the court to declare the AG’s representation of Du Pont in the proceedings before the Supreme Court as unlawful. Also cited as respondents in the matter are Du Pont and Robert Nkambule, the purchaser of the property, as well as the Registrar of Deeds.

Elizabeth Arden, the bank’s acting Managing Director, stated that the case (present application) was about the powers of the AG to represent the businessman.

She contended that the AG impermissibly entered the arena of a commercial and contractual dispute between the bank and Du Pont and in so doing, exceeded his constitutional mandate. According to Arden, the AG also acted irrationally.

These are allegations contained in court documents whose veracity is still to be tested in court and the AG is yet to respond.
“The Attorney General’s representation of Mr Du Pont undermines the fairness of the proceedings before the Supreme Court. The machinery of this government public office was employed to unduly favour a private citizen,” Arden argued.

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