Senate doesn't recognise vote of no confidence
LOBAMBA — Senators yesterday demonstrated that they did not recognise the vote of no confidence passed on Cabinet by MPs last week Wednesday.
It was business as usual as Senate President Gelane Zwane explained to the senators that what happened in the House of Assembly was not binding to them.
This was after Senator Thulile Msane sought clarification from the president on what had taken place in Parliament as she had been out of the country.
"I was not in the country, but I heard that something which I am not too clear about happened in Parliament last week and, therefore, I seek clarification," said Msane.
In response, Zwane said Parliament in Swaziland consisted of both Senate and the House of Assembly.
She said both senators and MPs made up the Swazi Parliament.
"When we are in the chamber alone we are not Parliament, but just senators, and when they are alone they are just the House of Assembly and not Parliament," said Zwane.
She said if the House of Assembly took any form of action or spoke of something, they did that on their own and it had nothing to do with senators.
She said the same position applied vice versa. She said they were bicameral.
Acting Prime Minister, Themba Masuku, armed with the Constitution, which he fished out of his blazer pocket, was quick to second Zwane.
"Madam President, let me just add that although you have given a very clear definition of what Parliament is, it is also important that we refer to Sections 93, 94 and 95 of the Constitution which speaks on the composition of Parliament," said Masuku.
"I was just asking because I was not in the country," reminded Msane.
Masuku, after the sitting, said the statement they were making yesterday was that they were in Senate as His Majesty King Mswati III’s Cabinet and were operating as usual.
"We know what we are doing," he said in a Short Message Service (SMS).
Zwane told senators that she was glad that God had kept them all safe, adding that the legislators had a lot of work to do as time was running out before they took a break. "Senators we are back and we are back to work," she said.
Last week Wednesday the House of Assembly citing Section 68(5) passed a vote of no confidence on Cabinet and according to that provision, the King ‘shall’ dissolve Cabinet following a three-fifth majority vote of all members of the House.
However, six hours after the vote of no confidence was passed, Prime Minister Sibusiso Barnabas Dlamini called a midnight press conference informing the public that the MPs’ resolution was null and void.
During yesterday’s sitting, the Minister of Health Benedict Xaba tabled the Pharmacy Bill of 2012 and the Medicines and Related Substances Control Bill of 2012 while Minister of Home Affairs and Immigration, Prince Gcokoma, responded to a motion on the current state of the Citizenship Board.
Senate’s next sitting, according to Zwane, is on Monday.
Ministers turn up in droves for Senate sitting
LOBAMBA — Ministers turned up in numbers for yesterday’s senate sitting.
Led by the acting Prime Minister, Themba Masuku, some of the ministers who were in Senate did not have any business included in the Order Paper.
These included Minister of Tinkhundla Administration and Development, Rodgers Mamba, Minister of Public Service, Magobetane Mamba, Minister of Foreign Affairs and International Cooperation, Mtiti Fakudze and the Minister of Public Works and Transport, Ntuthuko Dlamini who are all elected MPs. However, Dlamini only stayed in the chamber for less than two minutes.
Others present were the Minister of Natural Resources and Energy Princess Tsandzile, Minister of Commerce, Industry and Trade, Jabulile Mashwama, Minister of Health, Benedict Xaba and the Minister of Home Affairs and Immigration, Prince Gcokoma.
COMMENTS:
- Can the AG, if he is still weMlangeni take this thing to court for interpretation. I think first and foremost should be getting clarify or defination of 'the HOUSE' in terms of the constitution and whether this means both houses or just House of Assembly. I think the more this is left to everyone to interpret, the more this country would be plunged into chaos. I mean interpretation of cabinet or parliament can not be relied upon as interested parties, actually these only serve to confuse than offer clarity. Somebody help us here.
October 11, 2012, 9:00 am, Burns Dlamini ( Lobhoncela)
- So which House does the constitution refer to? It seems like people are intepreting this constitution their own way and its bring more confusion. But for now cabinet should be dissolved. The MP's house (House of Assembly) represents the people of Swaziland, so the vote of no confidence must apply. What does senate represent? Siyabona na DPM walks around with the constitution ebhanjini.
October 11, 2012, 5:00 pm, Siphakamiso Lomahoza
- The Senate has no business in passing a Vote of No Confidence to Cabinet. They are better of quiet. To say that they do not recognize the Vote it means they are not respecting the same Constitution which they are in Parliament by virtue of. The Constitution does not require anybody or authority to recognize the Vote to be valid. ONLY the House of Assembly can pass a Vote of No Confidence on a Minister or PM or Cabinet. This is the norm all over the world. Hence the same Constitution requires that the PM ( and a majority of Ministers) MUST be from the House of Assembly. It is not just a decoration that PM cannot be a Senator but for the reason that Constitutionally only the House of Assembly can pass a Vote of No Confidence on his Cabinet, thus is expected to defend it there. The problem engulfing Swaziland now is that the Vote of No Confidence passed by the House of Assembly is still INCOMPLETE. The House has to give a briefing to the King and the Constitution say the King SHALL then dissolve Cabinet and appoint a new one. So why should Cabinet go when the Vote is not COMPLETE?? The MPs (House of Assembly) if they were serious must complete the process Constitutionally. As things stand it is them that are confusing the country by not completing the steps as required by the Constitution for their Vote to be legitimate. - The major failing of this Country is that everyone is and expert of everything; we "Doctors" who never toiled for this title, we have "Legal Experts" who education is a high school diploma at best, we have "political analysts" who are clueless about the obtaining ideologies of the world, We have people who know what is good for all us without any evidence of the basis, we have ... we have...we have nothing in final analysis. - Mr. Editor I wish to take the opportunity to thank you for taking up stories of national importance in your newspaper. However, one wishes that more in depth analysis goes into the stories and not just a collection of views from all who cares to comment on an issue. The issue of the Resolution of No Confidence by the House of Assembly on Cabinet is serious and should be treated as such. the PM, Cabinet and Senate seams to be trivializing it, which in essence is undermining our Constitution. All the issues that have been raised since the issue of the Vote are mainly irrelevant. What is relevant is for people (including the media and forget the Attorney General who has abdicated his responsibility) to read and understand the Constitution f Swaziland. Of relevance is Article 64(1) which requires the King to exercise Executive Authority in accordance with the Constitution. Article 64(2) enjoins the King to protect and defend the Constitution. Article 68(5) then directs the King to dissolve Cabinet in an instance where 3/5 of ALL members of the House of Assembly pass a resolution of no confidence on Cabinet. If we as a country take the Constitution as the Supreme Law of the Country and we all respect, protect and defend the Constitution, what is painful about following what it says? The House of Assembly should be asked in your analysis Mr Editor to explain to the nations the following issues: (i) Did they comply with Article 68(5) of the Constitution in terms of quorum and numbers of votes? That is to say was everybody in the House of Assembly present in Parliament on the day and did they count the 3/5 of ALL the MPs? (ii) Did they pass on the resolution of the House to the King for him to take a decision as required by the Constitution? These are the important issues to be clarified Mr Editor. What others such as the AG and DPM seams to be saying are neither hear nor there. Article 68(5) of the Constitution does not require the MPs to give reasons for their Resolution. This implies that they are only required to comply with only the procedural aspects of that Article. Assist us then Mr Editor in reporting stories that raises the real issues not the side issues. Thank you.
- This is a serious resolution or motion taken by the House of Assembly, because it borders on the Standing Orders and the Constitutional clauses. Who now does not know where Constitutional clauses are interpreted ? Then, Senate should not engage Cabinet until the issue of the vote of no confidence on Cabinet has been resolved by the relevant structures as stipulated by the Constitution. This resolution should not be equated with other resolutions from the House. Senate should respect the House not because it is in favour or against the resolution, but to harmonise parliament as a mature institution. The House has more power on certain parliament work than Senate. Its source of power is also from the electorate. Senate should not add more confusion and trauma to the country, but bring sense to this mess. If Cabinet is not happy with the resolution should seek help, resign or wait for the Constitutional clauses to be implemented. Mbho
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