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PM APPOINTED MP DAY BEFORE SIBAYA APPOINTMENT

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MBABANE – Newly-appointed Prime Minister Russell Dlamini was appointed a Member of Parliament (MP) last week Thursday, as revealed by Attorney General Sifiso Mashampu Khumalo.

Following concerns from people, particularly on social media, who observed that the Constitution was not followed on the appointment of the PM, Khumalo has given clarity on the matter. Section 67 (1) of the Constitution stipulates that the King shall appoint the PM from among members of the House, acting on the recommendation of the King’s Advisory Council.
The argument from the naysayers was that Dlamini was not a member of the House of Assembly, nor was he a senator for that matter.

Clarified

However, Khumalo clarified that the appointment of the new PM was not in contravention of the Constitution, because Dlamini was appointed MP on November 2, 2023 as the legal instrument, which the AG said he had, pointed out. “Your handlers are misleading you. There is no such contravention. (The) PM was appointed a member of the House on the November 2, as the legal instrument in our possession points out. He was appointed the PM on November 3, 2023. Chief Mvimbi Matse’s appointment was revoked on November 2, 2023,” he said.
This means that Chief Mvimbi will now serve as a senator, for the second consecutive term, as he was holding the same position in the 11th Parliament. Khumalo also clarified that the King’s Advisory Council, known as Liqoqo, was still in office, rubbing off claims that their term of office had expired, hence the Constitution was contravened in that they did not advise the King on the appointment of the PM as per the Constitution. “Liqoqo is still in office, executing its duties. Emabandla have not yet been appointed. The advice tendered or His Majesty may assign Liqoqo is ‘in confidence’,” he said.

Section 231 (1) (3) (5) stipulates that the Liqoqo is an advisory council, whose members are appointed by Ingwenyama from the membership of bantfwabenkhosi (Emalangeni), tikhulu (chiefs) and persons who have distinguished themselves in the service of the nation. Liqoqo traditionally advises Ingwenyama on disputes in connection with the selection of tikhulu boundaries of chiefdoms and any other matter Ingwenyama may assign for their advice in confidence. “A member of Liqoqo shall hold office for a period not exceeding five years and shall be eligible for re-appointment and shall vacate office where the member - (a) dies; (b) resigns; or (c) is removed from office by Ingwenyama or Indlovukazi as Queen Regent,’ reads the Section.

This is not the first time that Khumalo has had to clarify claims of the Constitution being contravened in the appointment of the new PM, as he did the same in July 2021 in the appointment of former PM Cleopas Dlamini. Cleopas was a senator at the time of his appointment and he had to swap with a senator to become a member of the House. At the time, Khumalo also clarified that there was an instrument that was used in the appointment of Cleopas and that the Constitution was not contravened.

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