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MPS CAN BE JUDGES

09/08/2020 08:50:00 BY MFANUKHONA NKAMBULE

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mfanukhona@times.co.sz

MBABANE –If MPs feel aggrieved by the manner in which the police arrested Hosea MP Mduduzi Bacede Mabuza, they can invoke Section 129 of the Constitution.
This section gives the lawmakers powers and privileges equivalent to those of the High Court and judges.

Some parliamentarians complained about the treatment they received on Wednesday when they went to the Mbabane Police Station to check on their colleague, MP Mabuza.
Amid a public spectacle, MP Mabuza, a businessman who represents the people of Hosea in the Shiselweni Region in Parliament, was arrested by police at Coates Valley in Manzini on Wednesday.
They said it was obvious that police did not want them to meet a person who was neither a flight risk nor security threat.

bitter pill to swallow

The MPs said they had no qualms with the arrest, but the timing and the manner in which he was apprehended and bungled into a Toyota Quantum mini bus in full view of his family was a bitter pill to swallow.
Section 10 (1) of the Police Service Act of June 28, 2018 provides that police should consider the status of a person.

It reads: “A member of the Police Service shall at all times serve the community and protect all persons against illegal acts, consistent with the high degree of responsibility required by their occupation or profession.”
Subsection 2 reads: “In the performance of their duties, members of the Police Service shall respect and protect human dignity, maintain and uphold the human rights of all persons.”

another version
Subsection 3 provides another version for consideration: “A member of the Police Service may not inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any member of the Police Service invoke superior orders or exceptional circumstances as a justification for torture or other cruel, inhuman or degrading treatment or punishment.”

declared and guaranteed

It must be said that the provisions of the Police Act are founded on Section 14 (1) of the Constitution of the Kingdom of Eswatini, which states that the fundamental human rights and freedoms of the individual enshrined in this Chapter are hereby declared and guaranteed, namely –
(a) Respect for life, liberty, right to fair hearing, equality before the law and equal protection of the law;
(b) Freedom of conscience, of expression and of peaceful assembly and association and of movement;
(c) Protection of the privacy of the home and other property rights of the individual;
(d) Protection from deprivation of property without compensation;
(e) Protection from inhuman or degrading treatment, slavery and forced labour, arbitrary search and entry; and
(f) Respect for rights of the family, women, children, workers and persons with disabilities.

A legal eagle who commented on the issue on condition of anonymity advised MPs to remain calm and explore legal avenues to address the matter.
He advised them to invoke Section 129 of the Constitution of the Kingdom of Eswatini to bring the Minister of Police and Parliament Ambrose Mandvulo Dlamini, the Prime Minister, and National Commissioner of Police William Dlamini to explain if the manner in which the lawmaker was arrested was in order.

their side of the story
The seasoned attorney said they could also subpoena the arresting officers (witnesses) to come to Parliament to give their side of the story. This, he advised, could be done after the court case.
Section 129 (5) reads: “A committee appointed under this section shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial.”
Section 129 (a) states that the committee of MPs could enforce the attendance of witnesses and examining them on oath, affirmation or otherwise, compelling the production of documents (b) and issuing a commission or request to examine witnesses abroad (c).
These are the powers of the legislature, which are equivalent to those of judges.
When he was questioned about what could look like an interference to the work of the police, the attorney quoted section 129 (2) of the Constitution, which reads: “the standing committees shall be charged with such functions, including the investigation and inquiry into activities and administration of ministries and departments as Parliament may determine and the investigations and enquiries may extend to proposals for legislation.”

“There is a need for a law that provides that an MP cannot be arrested for an offence, which culminates from a debate that first took place in the Chambers. There should be no relation of a crime to an issue that is pending in Parliament,” said the attorney.
The Constitution provides that each chamber of Parliament shall appoint sessional committees and other committees as may be necessary for the effective discharge of the functions of that chamber.
Every member of Parliament, not being a ministe, shall be a member of at least one of the standing committees, according to the Supreme Law of the Land.

different shades of opinion
It is spelt out in subsection four that the composition of the committees shall, as much as possible, reflect the different shades of opinion or interest in Parliament.
Asked to give a comment on the matter, Matsanjeni North MP Phila Buthelezi said he would have to revisit the Constitution to ascertain how and when Parliament Committees could constitute a High Court.

He said he would not be in a right position as the deputy speaker and MP for the people of Matsanjeni to comment on the merits and de-merits of the case of MP Mabuza because it was still pending in court.
Based on his expensive, exposure and knowledge of parliamentary issues, he was asked about probabilities, if ever there were any, to investigate the matter.

In response, the outspoken legislator said he was not quite sure about any intended enquiry into the matter.
He pointed out that chances to probe the matter were slim if the integrity of the charges preferred against the Hosea MP, as reported by the media, were anything to go by.