PARLIAMENT CAN QUESTION ADMINISTRATIVE ISSUES OF JUDICIARY - MBHO

MBABANE – Political analyst and former Senator Mbho Shongwe says the independence of the Judiciary is misunderstood and Parliament can question some of its administrative issues.

Shongwe was responding to written responses in the annual performance report and budget debate of the House of Assembly Portfolio Committee on the Ministry of Justice and Constitutional Affairs. He said Parliament could question administrative issues of the Judiciary, because they needed to know the issues to approve the budget. He said the independency of the Judiciary was being misinterpreted. “The MPs were right to raise the issue of the Judiciary, but cannot question operations of cases in courts,” he said.

The MPs had asked the Minister of Justice and Constitutional Affairs, Prince Simelane, about a number of issues in the Judiciary. The MPs had requested the minister to lead the portfolio committee to His Majesty the King, to try and resolve issues of the Judiciary and report the CJ, whom they claimed was a law unto himself. The minister was asked if he had power over the Judiciary and an example of the ongoing probe into the Master’s Office, that had been unilaterally ordered and authorised by the CJ, despite the minister’s non-involvement at any of the stages leading up to the probe. Issues of cars among others were questioned during the debate.

Cases

The MPs, however, did not question court judgments or anything that pertained to ongoing cases. The responses that were given by the ministry in writing stated that the Judiciary was an independent body and neither the Crown, Parliament nor any person acting under the authority of the Crown or Parliament or any person whatsoever, shall interfere with judicial officers in the exercise of their judicial power. Section 2 of the Constitution was cited, which provides for the supremacy clause that the Constitution is the supreme law of the land. Accordingly, the independence of the Judiciary as a third arm of government and as entrenched and enshrined in Section 141 of the Constitution, should be respected by all.

The ministry mentioned that the constitutional provision provides, inter alia, that in the exercise of judicial power of Eswatini, the Judiciary in both its judicial and administrative functions including financial administration, shall be independent and subject only to the Constitution, and shall not be subject to the control or direction of any person or authority. Shongwe explained that the independence of the Judiciary applied in court judgments. “No party should interfere with them making judgments and question cases. In other words, don’t ask about sentencing and why a certain judge presided over a case instead of judge so and so,” he said. Adding, he said parliamentarians were free to question if it was suspected that some things were not going well administratively in courts.

“It might happen that some things that were not going well in courts were caused by certain problems; then Parliament has to know about that. Delayed judgments and prolonged cases can be asked about in Parliament. The minister will then explain the problems, of which among them are, shortage of human resources and working tools,” he added.

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