FOUR SENATE VACANCIES, GOVT SAVES E1.4M

MBABANE – The delay in appointments to fill vacant positions in Senate has resulted in government unintentionally making savings of about E1.4 million.

There are now four vacancies in Senate, with the latest created by last month’s death of Senator Peter Ndumiso Bhembe, the late ex-Minister of Natural Resources and Energy. Basically, the vacancies were created by the death of three senators and the transfer of Prime Minister (PM) Cleopas Sipho Dlamini to the House of Assembly. Dlamini left his seat in Senate in July 2021 after he had been appointed as prime minister by His Majesty King Mswati III. In order to comply with the Constitution of the Kingdom of Swaziland (Eswatini), the prime minister has to be a member of the House of Assembly.

He succeeded the late former PM, Ambrose Mandvulo Dlamini, who died on December 13, 2020. Since July, the seat occupied by the current premier has been vacant. Therefore, government realised savings of about E329 000 as there was no one occupying the seat left vacant by the prime minister. The amount of E329 000 is derived from the basic salary of E47 000 for a senator or member of the House multiplied by seven months. The seat has been vacant for seven months.  

About 17 months ago, Chief Nzameya Nhlabatsi passed away, and he is yet to be replaced. Precisely, the chief of Ka-Nzameya died in August 2020. If a candidate was appointed immediately after his death, government would have parted with E799 000 in salaries. A senator or member of the House’s basic salary is around E47 000 per month. It’s been one year since Jimmy Hlophe died. The House of Assembly had elected him to replace Mike Temple who died in June 2019. The delay by the House of Assembly in filling the empty position has resulted in savings of up to E611 000. In total, the amount of E 1 457 000, which could have been used to pay salaries for three lawmakers, have not been spent.  Last month’s death of Bhembe added the number of empty positions to four in the Upper Chamber. It must be said that the House of Assembly is expected to elect a candidate to fill the vacant seat created by the death of Hlophe.

It is, however, the prerogative of His Majesty the King to appoint candidates to fill the other three vacancies.  According to Section 94 (1) of the Constitution, the Senate shall consist of not more than 31 members who are elected or appointed. It is stated that 10 senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross-section of the Eswatini society. The supreme law provides that 20 senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as His Majesty may deem appropriate. It is stated in the Constitution that the senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –

(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalised interests not already adequately represented in Parliament; or

(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Eswatini.
On the other hand, Section 98 provides that the seat of a senator or of a member of the House shall become vacant where – Parliament is dissolved;
The holder of that seat resigns in writing addressed to the Clerk to Parliament;
The holder is absent from 20 sittings of the chamber during any meeting of that chamber without the permission in writing of the presiding officer and is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges;
Circumstances arise that would cause the holder to be disqualified or ineligible for election or appointment;
The holder is expelled by a resolution of at least two-thirds of all members of a chamber for contempt of Parliament;
The holder becomes a member of the other chamber of Parliament;
The holder becomes a party to any government contract contrary to section 97.  

Constitutionally, in this case, government contract means any contract with the government for or on any account of the public service the consideration for which exceeds E5 000 or such other amount as Parliament may prescribe or which forms part of a larger transaction or series of transactions in respect of which the amount or value or the aggregate amount or value of the transaction exceeds the E5 000. However, the seat cannot be declared vacant if the senator or member of the House has made the required disclosure of the nature of the contract, his interest in the contract and interest of the firm or company in the contract.

Clerk to Parliament Benedict Xaba confirmed that there were four vacancies in Senate. He chose not to discuss any further detail except to say that Senate was able to form a quorum despite the fact that its membership was less four members. Members of traditional structures said it was difficult to indicate when the King would appoint the three senators or rather two because Bhembe died a couple of weeks ago.  “You cannot read the mind of the King to understand when he would actually appoint the three senators. It’s very difficult for us to then know when he would replace the senators who passed away or fill the vacancy created by Cleopas’s transfer to the House of Assembly,” one of the members of the traditional structures said. He did not want his name to be revealed as matters touching on royal appointments are the prerogative of the King, and are treated as sensitive and confidential.
Speaker Petros Mavimbela said he was in a meeting when this report was compiled yesterday. This newspaper wanted to find out from him if his office had facilitated the election of the candidate to replace Senator Jimmy Hlophe.

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