WILL MPS PUNISH PM?

MBABANE – A scheduled debate by members of parliament (MPs) on the violation of the Parliamentary Privileges Act by the Prime Minister (PM) is set to be an acid test for the legislators’ ability to discipline the head of government.

Prime Minister Sibusiso Barnabas Dlamini is accused of having contravened this Act by issuing a media statement that was published by newspapers and broadcast in the national radio and television stations blasting Matsanjeni North MP Phila Buthelezi regarding submissions the latter had made in the august House.

The Act bars the questioning outside parliament, matters that have been raised within the House.
Section 3 of the Parliamentary Privileges Act of 1967, under freedom of speech and debate, reads: “There shall be freedom of speech and debate or proceedings in Parliament and such freedom shall not be liable to be impeached or questioned in any court or place outside Parliament.”

In section 4, the Act gives both Senate and the House of Assembly the authority to deal with anyone who violates this provision.
Section 4 states: “For the purpose of this Act the Senate and the House of Assembly sitting jointly or separately shall, subject to the provisions of this Act, possess such powers and jurisdiction as may be necessary for enquiring into, judging and pronouncing upon the commission of any act, matter or thing herein declared to be a contravention of this Act.”

Furthermore, in Section 5, the Act gives both Senate and the House of Assembly the rights and privileges to assume the status of a court of law when dealing with anyone deemed to have violated the Act.
The section provides: “The Senate and the House of Assembly, sitting jointly or separately as a court, shall subject to the provisions of this Act have all such rights and privileges of a court of law as may be necessary for the purpose of summarily enquiring into and punishing any act, matter or thing herein declared to be contravention of this Act.”

As to whether the legislators will be bold enough to take action against the PM when the likes of Manzini North MP Jan Sithole and Mbabane West MP Johane Shongwe move a motion to this effect when the head of government makes himself available before the august House, shall be seen.
The motion, which was expected to be moved without notice this past week, reads: “To move that this Hon. House debate with His Excellency the Right Honourable PM and the Executive the violation of the Parliamentary Privileges, inefficiencies and lack of service delivery and prioritisation of the people focused issues.”

The motion could not be debated because the PM could not avail himself in the House on Thursday after he flew out of the country destined for Iran to represent His Majesty the King in the inauguration of President Hassan Rouhani.
The premier, accompanied by Minister of Foreign Affairs and International Cooperation Mgwagwa Gamedze, joined more than 100 other heads of state and government, including Zimbabwe’s Robert Mugabe, for the event that was held yesterday.

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