CALLS FOR MINISTER ‘MADZE’ TO STEP DOWN

MBABANE – There seem to be calls from some quarters for Minister of Sports, Culture and Youth Affairs Harries ‘Madze’ Bulunga to step down.

In fact, there is a whole debate, even on social media, that has ensued among emaSwati on what should happen to the minister of the Crown. This follows his recent publicity of fathering a child outside wedlock with a teacher. The teacher had also claimed that the minister was not supportive towards the now three-month-old baby. However, the minister has since owned up and acknowledged that he is the father of the minor and apologised to all who may have been affected by this.  While many emaSwati have various opinions on what should happen to the minister, there is nothing in law that is specific to compel him to step down. This is because the country still does not have a Leadership Code of Conduct Act, which states how those in positions of leadership should conduct themselves.

Removed

However, Section 68 (4)(g) of the Constitution states that a minister can be removed from office for misbehaviour or inability to perform the functions of that office. The misbehaviour, however, is not explained in the Constitution and not specific if it includes a private matter. Meanwhile, back in 2014, the late and former Prime Minister Barnabas Sibusiso Dlamini said the Leadership Code of Conduct Bill was one of the legislation to be completed without further delay. The PM, at that time, said the Bill had remained long in the chambers of Parliament and its importance to the Eswatini society demanded that its review should be completed without further delay. “It is, therefore, incumbent on us as the Cabinet responsible for this administration to examine these Bills to ensure that in a fair and comprehensive manner, they capture the spirit and provisions of the respective policies,” he had said. However, to date nothing has happened. 

Bulunga could voluntarily step down as a minister or be fired, but he would still retain his seat as a Mbabane East Member of Parliament. The Code of Conduct Bill, which was tabled then, sought to ensure that those in leadership were transparent in their activities and accountable to the people they represented or served.

Leadership

According to the Constitution of the Kingdom of Eswatini, Section 239, the purpose of the Leadership Code of Conduct sought to ensure that those in leadership, whether elective or appointive, were transparent in their activities and accountable to the people they represented or served. They are also expected to commit to the rule of law and administrative justice, adhere to the principles of service for the common good, not to abuse office and not to engage in conduct that is likely to lead to corruption in public affairs.  It further states that certain persons including Cabinet ministers are obliged to declare their assets and liabilities. According to the Constitution, this falls on the lap of the Commission on Human Rights and Public Administration Integrity.

Meanwhile, Government Spokesperson Percy Simelane confirmed that the country did not have a Leadership Code of Conduct Act. He said the last he had heard about it was when it had been cued for debate in Parliament, which was during the former PM, Barnabas Dlamini’s era. A questionnaire in the form of a text message was sent to Commissioner of the Human Rights Commission Sabelo Masuku about the code at 1:10pm but at the time of compiling this report, he had not responded by 6pm although the message had two blue ticks. On another note, the Constitution, under Section 242 (1), states that an officer who contravenes the code may after due process of law, be dismissed or removed from office by reasons of such breach or abuse and may be disqualified from holding any public office, either general or for a specified period.  It should be noted that the code makes no mention on issues of social behaviour by the public officers but is mainly focused on corruption and abuse of office. Meanwhile, Section 68 states that an office of a minister shall become vacant where the King, acting on the recommendation of the PM, revokes that appointment, among others.

Sympathetic

However, it would seem some on social media are sympathetic to the minister’s bad publicity. While others are of the view that the minister should step down, others have commended him for being responsible and confirming that the child was his. They said ‘Madze’s’ move of having an affair was not exemplary because people looked up to him while others stated that a child was a gift from God. Others, however, slammed the teacher, who had allowed herself to be impregnated by a married man, saying she knew very well that he was married.
They expressed concern about the unsafe sex which the two had engaged in.     

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