PM DISOWNS MINISTER’S ESTATE POLICY

Prime Minister Sibusiso Dlamini (L) takes a seat before the press conference. Next to him are some of the Cabinet ministers.

MBABANE – Cabinet, through Prime Minister Sibusiso Barnabas Dlamini yesterday ruled the Minister of Justice and Constitutional Affairs Sibusiso Shongwe out of order following his policy statement on property rights of spouses.

The PM, during a press conference attended by seven Cabinet ministers excluding the affected minister, said Cabinet had since resolved that the policy statement be withdrawn forthwith.
“Siyayihocisa,” said Dlamini in vernacular.

Over a week ago Shongwe, while in Siteki, declared that the estates of the deceased would now be distributed by the Master of the High Court using one method, whether married through civil rites or through Swazi Law and Custom, where widows and widowers would be entitled to 50 per cent plus a child’s share out of the estates of their deceased spouses.

Dlamini informed the gathering that on Tuesday, when Cabinet met, they had further resolved that affected estates should continue to be regulated by the current law pending the enactment, by Parliament, of suitable legislation as required by Section 34 (2) of the country’s Constitution.

Provided

The premier said the Constitution clearly provided what should happen with regard to such property rights.
“Section 34(2) provides and I quote ‘Parliament shall as soon as practicable after the commencement of this Constitution enact legislation regulating the property rights of spouses including common-law husband and wife,” said Dlamini.

He said as a result, government was yet to forward a Bill to Parliament which would address this matter.
Dlamini continued quoting that Section 34 (1) of the same Constitution provided that “a surviving spouse is entitled to a reasonable provision out of the estate of the other spouse, whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.”

When sought for further clarification on the matter in a telephone interview, the PM said; “What we are saying is that there is so far nothing like the 50 per cent policy as announced by the minister until such time that a Bill or Act has been passed by Parliament,” and in vernacular stated “sitsi kusete loko.”

Unconstitutional

The PM was asked by this reporter if he was in summary saying that Shongwe’s actions had been unconstitutional and responded by saying: “that is subject to interpretation, but what I can confirm is that Cabinet has resolved that the policy statement be withdrawn immediately.”

Dlamini further politely refused to comment on what action, if any, would be taken against the minister. Informed sources further told this publication that a letter from the PM’s Office had already been forwarded to the minister informing him of the resolution and that the minister should withdraw the policy.
Last week, Members of Parliament (MPs) stopped the new method of distribution of estates of the deceased that was announced by Minister Shongwe.

The House of Assembly voted against the continuance of the policy because it was introduced to the public without the input of the MPs, yet it was a very sensitive subject. In unison they demanded that he withdraws the announcement immediately.
Shongwe, during his announcement, had further said women married through civil rites were all along getting a better share of the estates when compared to those married through Swazi Law and Custom.

He said he was, therefore, mandated by Section 75(1) of the Constitution, which gave him the responsibility of policy and general direction over government departments’ policies, to fix this. For years there had been complaints against the manner in which estates were distributed. 

Changed

However, MPs reacted with shock and felt that the minister was out of order for having single-handedly changed the method, yet there was a Parliament in place.
The ministers who were present during the press conference included Home Affairs Minister Princess Tsandzile, Minister of Public Works and Transport LindiweDlamini, Public Service Minister Magobetane Mamba, Sports, Culture and Youth Affairs Minister David ‘Cruiser’ Ngcamphalala, Finance Minister Martin Dlamini, Housing and Urban Development Minister Phiwayinkosi Mabuza, Minister of Tinkhundla Administration and Development Mduduzi Dlamini and Minister of Health Sibongile Simelane.

The PM, when addressing the media, said he had two issues to raise, one of which was an update on the recent outbreak of diarrhoea which had killed 36 children by yesterday.

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