NEW LEGISLATORS DECRY ASSETS DECLARATION LAW

EZULWINI – For the new senators-elect and appointed members, the requirement that they should declare their assets should be revisited.

In true cultural language, the new senators-elect and appointed members have decried the law which stipulates that they should declare their assets, stating that it was not favourable.

This was during the first workshop where the new legislators got to introduce themselves among each other and were further taught some of the basics of their duties and Standing Orders.

Enlightening them about the declaration of assets was one Newman Mamba from the Commission on Human Rights and Public Administration/Integrity, who first circulated the forms which the members were expected to fill in.
As he explained in detail the type of assets that were to be declared, Appointed Senator Prince Hlangabeza requested for some clarification.

Chickens

The prince said he did not understand why there was a need for them to declare assets such as cattle, goats, chickens and immovable property, including a homestead.
According to Section 241 (1) of the Constitution of Swaziland Act No.1 of 2005, legislators have  to declare assets, including immovable property, motor vehicles,  livestock, estimated value of household goods and other valuables like jewellery, investments,  businesses and liabilities.
Prince Hlangabeza said in the cultural way of life, people grew up in homes and eventually got married.
“In the end, the house is under my name. There is a dog in that home, which can be under my name but in the truest sense, it is owned by my son. There could be a pig at the home which is under me but it actually belongs to my daughter,” he said.
He mentioned that there was a need for clarity on how exactly such assets should be declared.
In jest, he mentioned that when the police arrived to investigate, they would be told that the home belonged to him, which meant that even the assets were under his name when  in fact it they belonged to his sons and daughters or the whole family.
 “If you ask me to declare I will tell you that I have nothing because everything belongs to my household. The assets belong to my children. Angiyiva lentfo yakho lena (I do not get it),” he said.
Sharing the same sentiments was appointed Senator Vuka Moi Moi Masilela, who made it clear that he was going to lobby Parliament to halt the whole process of declaring assets.
culture
According to Masilela, even when the 10th Parliament took office, there was an issue with the process. “The prince is right. In our culture, some of us are installed as heirs in the community. So you cannot boast that the assets there are yours. But in this law you want us to do that. Go back and tell those who sent you that let us halt this until it is properly clarified,” Masilela said.
In his view, it was obvious that those who passed the law must have used the British laws and did not consider the cultural side of the Kingdom of Eswatini.
Another concern regarding the declaration was raised by apppointed Senator Princess Ntfombiyenkhosi who said it should not focus on those in high ranking positions only but also the subordinates. In her view, it was those in lower positions who were usually implicated in cases of corruption and made an example of accountants.
Chief Mvimbi also seconded the view by his colleagues saying some Eswatini homesteads and chiefdoms had livestock, which were offered by citizens as part of the kukhonta system, which meant that such assets were held in trust for the nation by His Majesty King Mswati III.
“My wives, cows and goats should not be included here. You can put the money but not my traditional houses like boguca, nemalonto. It does not make sense,” said the chief.
Addressing the issue, Mamba explained that it was the Constitution of Eswatini that provided for politicians to declare and said if there were concerns, it was their duty to address them and amend it. “We follow the Constitution so if there is a need to correct some of the clauses, I guess Parliament will work on that. For now we have to stick to what is stipulated,” Mamba said.

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