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JUSTICE MINISTER GUILTY OF CONTEMPT OF PARLY

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MBABANE – Justice and Constitutional Affairs Minister Sibusiso Shongwe is guilty of contempt of Parliament.


This was the recommendation made by the House of Assembly Select Committee which was chaired by Zombodze Emuva Member of Parliament (MP) Titus Thwala tasked to probe the minister on his failure to withdraw the infamous Distribution of Estates Policy as directed by the House.
As a result, the minister is expected to pay a fine of E400 which if he defaults payment of, he would be imprisoned for a period not exceeding two years.


The minister, according to the committee, was charged under Section 11 of the Parliamentary Privileges Act of 1967 which gives Parliamentarians the power to punish for contempt any person who among other acts wilfully fails or refuses to obey any rule, order or resolution of Parliament.


Section 11(3) (i) states that a person found to have contravened the above shall be guilty of an offence and liable on conviction to a punishment not exceeding “a fine of E400 or in default of payment thereof to imprisonment not exceeding two years or to such imprisonment without the option of a fine.”


The committee also recommended that Shongwe table the Bill on Estates distribution in the august House within six months of adoption of the report.
The report is yet to be debated by the House and the debate is expected to take place some time this week before the first session of the 10th Parliament adjourns.


Before recommending that the minister be fined, the Committee said during its hearing it felt the need to assess the conduct of the minister whether during the issuance of the policy directive or the alleged contempt of Parliament for refusing to obey a House resolution. 


The committee said based on evidence presented, it blatantly appeared that Shongwe refused to follow the House resolution. They further observed that the overall conduct of the minister depicted him as a person who did not follow orders from any person, except from God and King as also observed by the Prime Minister Sibusiso Dlamini. 


“It must be noted that the minister was advised prior to announcing his policy directive in terms of Section 75 of the Constitution at Siteki that the directive appears to be contrary at law and the Constitution, but nevertheless he chose not to follow that advice and stated that the Attorney General’s advice is not absolute,” reads the report.


The committee further noted that Principal Secretary Thembinkosi Mamba was sidelined when the minister piloted the directive.
The report notes that it is important for the ministers who are political heads of ministries to always seek technical guidance from professionals such as principal secretaries on developing policy developments.


The committee said what was further puzzling was that the prime minister, who is Chairman of Cabinet, said that cabinet also did not have an input in the policy directive undertaken by the minister.


“Though the minister may have genuine reasons for piloting the policy directive but it still has to be done in terms of established procedure and Cabinet approval before being implemented in legislation,” the committee found.

 
 

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