CABINET BLUNDER ON PARLIAMENT COMMISSION

MBABANE – Did Cabinet mislead His Majesty the King into appointing the Phil Mnisi-led Commission to review terms and conditions for parliamentarians at this time of the year?
This is so because the two documents outlining the terms and conditions of service for politicians do not allow government to facilitate the review now.

The first document titled ‘Review of Terms and Conditions of Service for Politicians,’ states that the review must happen 18 months before the new term of office. It is also stated in the same document that the revision must be forward looking and not aimed at impacting the current or departing parliamentarians’ terms and conditions of service.
However, Prime Minister Sibusiso Dlamini-led Cabinet decided to include one specific item in the commission’s terms of references, which is intended to benefit the current Parliament.

terms of condition

It reads: “The Royal Commission shall review the terms and conditions of service in respect of the concerns expressed, including examining issues relating to the 10th Parliament, that are outstanding and requiring resolution.”
The outstanding issues to be examined have not been disclosed.
On the other hand, Finance Circular No.2 of 2013 refers to a review that must happen every five years.

“This policy shall at minimum be reviewed every five years from the effective date by the established independent commission as appointed by His Majesty the King,” reads the circular.
Informed sources said five years had not elapsed when Mnisi’s Commission was appointed in March 2018. They said the Commission should have been set up either in October or November 2018.
This is due to the fact that the effective date in terms of the circular is the date of the appointment of the Prime Minister, Deputy Prime Minister, Cabinet Ministers, Regional Administrators and the date of the swearing in of the members of parliament and senate.

His Majesty the King appointed the prime minister on October 28, 2013 while the deputy prime minister and ministers were appointed on November 3, 2013.
Regional Administrators were appointed on November 8, 2013, while Members of Parliament took the oath on October 17, 2013.
Sources said Parliament had been left with seven months to complete its five-year term when Cabinet recommended for the setting up of the commission.

“The idea is that a new prime minister and new Parliament must craft their own circular based on economic conditions prevailing at the time,” a politician close to government said.
“The current prime minister, Cabinet and Parliament cannot prescribe laws for the next Parliament.”

Sipho Gumedze, a renowned Human Rights and Constitutional Attorney, said Cabinet or government should have considered the effective date or review date when advising the King to set up the commission.
Since the circular is now a legal document, he said Cabinet or government should have waited for until the review date, which is October/November.
“You cannot initiate an exercise in contravention of the legal document,” Gumedze said.

 

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: