ACTING PM UNCONSTITUTIONALLY IN OFFICE - BACEDE

LOBAMBA – The Acting Prime Minister, Themba Masuku, is unconstitutionally in office.

At least this was the assertion made by Hosea MP Mduduzi Bacede Mabuza in the House of Assembly. However, the Attorney General, Sifiso Khumalo, later advised MP Mabuza that his interpretation of the Constitution was not only ‘wrong’ but also ‘incorrect’. This happened yesterday during an urgent sitting of the House, which had been convened by the Speaker, Petros Mavimbela, where the main item on the agenda was a ministerial statement made by Masuku addressing the issue surrounding the death of Thabani Nkomonye. Before the start of the business, MP Mabuza asked to speak on a point of order and point of law, where he stated that the Acting PM was illegally in office in terms of the Constitution.

Recommendation

The MP cited three sections of the Constitution, namely; Section 7 (1) which states that the King shall appoint the PM from among members of the House acting on recommendation of the King’s Advisory Council. He said the House in this context was the House of Assembly and that Masuku was a senator and, therefore, did not qualify to be acting PM. Mabuza further cited Section 68 (1) (c) which speaks of the vacation of the office of PM or minister. MP Mabuza said the Constitution was clear that once a person ceased to be a member of the House, then there was no PM as the late PM Ambrose Mandvulo Dlamini was an MP as opposed to being a senator. At this point, the MP was interrupted by the Minister of Justice and Constitutional Affairs, Pholile Shakantu, who wanted the Hosea MP to cite which Standing Order he was using to address the House in that regard.

Question

She was supported by the Minister of Tourism and Environmental Affairs, Moses Vilakati, who posed a similar question. However, this did not go down well with the Hosea MP, who asked why Mbabane people (Cabinet ministers) were disturbing him, as he had clearly stated that if he was out of order, the AG would advise him. The AG asked that the House allow Mabuza to continue with his submission as he had stood on a point of law. MP Mabuza further cited Section 71 which addresses the exercise of the PM’s functions during absence or illness.

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