POCA STAYS, BITES – PM

MBABANE – The Prevention of Organised Crime Act (POCA) will continue to bite, despite a motion to suspend it.

On Monday Parliamentarians passed a motion to suspend raids and arrests conducted under the POCA No. 11 of 2018.
The reason behind the motion was the manner in which the law was being administered.

The MPs suggested that the POCA was seemingly targeting people who cultivated dagga and leaving out fat cats who were looting government, especially civil servants and those who were awarded tenders.
Prime Minister Ambrose Dlamini set the record straight yesterday by saying Parliament’s constitutional mandate excluded the suspension of any legislation that has been passed into an Act.
“Parliament can only reject or amend a Bill and not suspend an Act. As such any resolution purportedly suspending POCA is ineffective,” he said.

He said the executive arm of government noted with concern the sentiments of MPs with regards to POCA and further explained that legislative process was a shared enterprise between the executive and Parliament.
“To that extent, it became necessary for the Offices of the Prime Minister, Speaker, Minister of Justice and Constitutional Affairs, Attorney General and House of Assembly Sessional Committee to meet and forge a way forward.”
Dlamini said the motion to suspend POCA planted seeds of confusion to the nation, which he wanted to clarify.

“For any law to be effectively amended, it has to go through three stages namely; the House of Assembly, the House of Senate and His Majesty the King. An aggrieved party should follow the court process to challenge the legality of any law,” he explained.
He added that Eswatini was signatory to the UN Charter and therefore had signed a number of agreements and conventions to fight corruption and organised crime.

Obligations

“The POCA enables the Kingdom to comply with many international obligations.
He said government accepted and supported that the law must be applied equally to all citizens, and that all law enforcement agencies should ensure this is the case.”
He said the executive would continue to engage with Parliament in addressing the concerns, their validity and otherwise, that the legislation impacted negatively to the average citizen while balancing compliance with the International Conventions in which the country is a signatory.

“We appreciate the work and efforts of the current Parliament in supporting national development. We do expect laws passed in Parliament to be in line with the national development agenda to ensure that the country’s machinery grinds in harmony to uplift the standards of living for all emaSwati.”
The premier said the rule of law was fundamental in monarchical democracy, underpinned by the doctrine of the separation of powers.

“The rule of law implies that every person is subject to law, including people who are lawmakers. Government remains committed to upholding the rule of law and, to the fight against corruption and crime in general. We will not flinch or hesitate to rid this country of the scourge of corruption and crime, without exception, as we accelerate our economic renewal strategies.”

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