3 MPS QUESTION PM CLEOPAS’S APPOINTMENT AS MP

MANZINI – “How can he be a Member of Parliament (MP) when he has not been sworn in?”

This was the reaction of the MPs calling for political reforms, who stated that they were shocked to learn that appointed Prime Minister Cleopas Sipho Dlamini became an MP last Thursday. Hosea Constituency MP Mduduzi Bacede Mabuza wondered how the newly-appointed prime minister (PM) was an MP without being sworn in first. He said in his understanding, any politician elected or appointed to the august House was an MP-elect until sworn in. “We’ve been called in today for the swearing in of an MP, maybe it is him,” Mabuza said. On the other hand, Siphofaneni Constituency MP Mduduzi ‘Gawuzela’ Simelane rhetorically asked what the procedures were before requesting not to comment any further. Ngwempisi Constituency MP Mthandeni Dube said he would consult extensively on this as his understanding of the Constitution was different from what was unfolding. “The PM was made an MP on Thursday? This is news to me,” Dube said. Worth noting is that Dlamini was announced as the country’s PM last Friday following that the Deputy Prime Minister, Themba Masuku, had been acting in this office since the demise of Ambrose Mandvulo Dlamini in December 2020.

Confirmed

Attorney General Sifiso Khumalo confirmed that the new Prime Minister, Cleopas Dlamini, was appointed an MP last week Thursday. He said as a result, by the time that the King announced Dlamini as PM at Sibaya on Friday, he was already a member of the House of Assembly. Khumalo yesterday then produced Legal Notice No.207 of 2021 which states that in exercise of powers vested in the King under Section 95 and 98 of the Constitution, the King and Ingwenyama was making the notice. The notice may be cited as the appointment of a member of the House of Assembly and was deemed to have come into force on July 15, 2021. Khumalo’s reaction follows that eyebrows were raised when Dlamini was appointed on Friday at Sibaya yet he was known to be a member of Senate, which was in breach of Section 67 (1) of the Constitution.

The clause states that the King shall appoint the prime minister from among members of the House acting on recommendation of the King’s Advisory Council.  Informed about the latest developments, Human Rights Lawyer Sipho Gumedze said at least the government was trying to be compliant with the Constitution. He, however, said if it was true that the new PM was appointed a member of the House, then he should have been sworn in as an MP on Thursday. He said if Thursday had not been possible, Dlamini could have been sworn in on Friday morning before the announcement was made by the King on Friday afternoon. He said for a member of the House to be sworn in, it did not mean that the whole House had to be present. “The Speaker and the AG could have made an arrangement for Dlamini to take the oath of being an MP on Friday in order to fulfil the whole process and make it constitutional,” said Gumedze.

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