PROTECT THE CONSTITUTION

The recent revelations about Prime Minister Russell Mmiso Dlamini’s alleged overextension of executive authority, as detailed in our Times SUNDAY lead story, are a highly worrying reflection of Eswatini’s governance procedures.

The establishment of the Anti-Corruption Task Team, which answers directly to the Prime Minister’s office, as well as his intervention in the case of former Principal Secretary Sipho Tsabedze, has raised serious concerns about constitutional norms and the rule of law. These actions, when scrutinised by law experts, invite serious questions about the integrity of our governmental processes and the respect afforded to established legal frameworks.
A key architect of our Constitution, Prince David, has come to point out what he describes as a serious misunderstanding of the prime  minister’s duties and powers. He warned that this misconception, along with an apparent contempt for statutory bodies’ independence, threatens to undermine the foundation of our country’s progress.

The prime minister’s response to questions from parliament on his intervention in the Tsabedze case was muted by claiming the matter was ‘sub judice’. Prince David has described this attempted interference as an abuse of authority, a direct threat to the Civil Service Commission’s (CSC) independence and undermines the very institutions designed to promote justice and accountability.

It is well known that a nation’s progress is inextricably linked to the quality of its government. Acemoglu and Robinson argue in their book ‘Why Nations Fail’ that inclusive political and economic frameworks are essential for prosperity. By ‘inclusive’, they mean those that encourage accountability, transparency and the rule of law, fostering a climate conducive to innovation and investment. On the other side, they warned that extractive institutions, which are characterised by concentrated authority and limited participation, would eventually lead to stagnation.

When we examine the recent actions of the PM, as highlighted by our constitutional experts and civil society leaders, one cannot help but feel a disquieting sense that we are edging towards those very extractive practices. The core issue is a lack of institutional integrity. Interviewed on the matter, the Executive Director of the Coordinating Assembly for Non-Governmental Organisations (CANGO) cautioned that the prime minister’s involvement in the ACC raises concerns about institutional independence and potential bias, as it appears that the head of the executive has usurped the powers of constitutionally and legally independent bodies, which erodes public trust as well as perceived impartiality.

Also addressing this issue, retired political science lecturer Dr P Q Magagula advised the prime minister to familiarise himself with the Constitution, emphasising the need for adherence to the rule of law. He pointed out that if the very office meant to uphold these principles is compromised, how can we expect other institutions to function effectively? Simply put, if the office of the Prime Minister cannot obey the rules, like following the law and giving institutions a chance to breathe, how are people lower on the chain meant to do their jobs?

Common

The repercussions of this governance shortcoming are becoming common across various sectors. It is a matter of considerable concern that our public institutions, those entities that ought to be the very cornerstones of our national advancement, are instead grappling with dysfunction. Take the case of the University of Eswatini (UNESWA), which is charged with the vital responsibility of developing our future leaders. It is in a sorry state of collapse, plainly failing to provide the intellectual and practical capacity that our country so desperately needs. 

Similarly, the Royal Science and Technology Park (RSTP), established with the express purpose of fostering innovation, is currently subject to investigations concerning alleged improprieties in its operational conduct. The Eswatini National Petroleum Company (ENPC) has already seen its board dismissed amid allegations of poor governance. We also have the Anti-Corruption Commission (ACC), designed to combat the scourge of corruption, which is itself plagued by internal squabbles, gross interference and a lack of execution of its mandate. 

There is also the Central Medical Stores (CMS), a linchpin of our healthcare system. Its operational failures have been so severe that, frankly, patient well-being has been put at serious risk, necessitating a complete overhaul. These aren’t simply routine administrative lapses; they signal a much more profound, systemic breakdown.

Struggles

And, to our considerable disquiet, this malaise is not limited to government institutions. The recent boardroom struggles at Eswatini Med, for instance, lay bare a deeply troubling erosion of corporate governance principles, coupled with evidence of undue external influence. This pattern suggests that the problems we are witnessing are not isolated occurrences but rather symptoms of a far-reaching deterioration that permeates both our public and private sectors. What other explanation could there be for the police halting a board meeting without a court order? As it were, none can tell the head from the tail at the institution that is teeming with security personnel.

To counteract this trend, the nation requires leadership committed to effective administration. This includes defending the rule of law, ensuring the independence of statutory bodies and promoting transparency and accountability. As the chairperson of Government Business, the prime minister has a responsibility to lead by example. His actions should demonstrate a dedication to the ideas embodied in our Constitution at all times.

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