EMPOWERMENT BILL SEEMS TO HAVE LOOPHOLES - STAKEHOLDERS

MBABANE – The Citizen Economic Empowerment Bill of 2021 which is aimed at ensuring the prioritisation of emaSwati seems to have loopholes that might be a disadvantage to the populace.

This is according to stakeholders who weighed in on the Bill, which has been in Parliament for three terms. The first Citizen Economic Empowerment Bill was tabled in 2011 during the 9th Parliament. The last draft of the Bill was tabled in 2021. The objectives of the Bill are to promote and stimulate micro, small and medium enterprises development and growth through the economic empowerment of citizen owned companies;  promote gender equality through increasing employment opportunities in accessing,  owning, managing, controlling and exploiting economic resources; promote equal opportunities for citizen owned companies in accessing and being awarded procurement contracts and other services from a State institutions and a private  institution;  promote new investment and existing investment through joint ventures and partnerships between local and foreign investors in order to enhance broad-based economic empowerment; and establish a citizens economic empowerment council and provide for powers and functions of the council. With all the forms of empowerment that have been listed in the Bill, there are several challenges that have been noted by stakeholders and need to be addressed.

Views

The House of Assembly passed the Bill on April 17, 2023 and it is currently in Senate. The views on the Bill by stakeholders who included senators, chiefs and indigenous business owners were on concerns about what emaSwati stood to benefit from it, should it pass in Senate. The first stakeholder to raise concerns about the Bill was Justice Nxumalo, a representative of Indigenous Business Owners. He pointed about that the Bill had been in Parliament for at least three terms. He said even the 11th Parliament started working on it recently. The businessman said Clause 11 to 21 of the Bill was not detailing the benefits of emaSwati. Part of Clause 21 of the Bill states how the minister and a Board can make reservations and adjustments in order for the citizens to enjoy equal opportunities and equitable representative in the work force. It also gives the minister the powers to make certain industries to be strictly for emaSwati.

Investment

“I’m puzzled by the word enjoy in the Bill. The law should not be about enjoyment but benefiting emaSwati. Secondly, if there would be an investment that would not be restricted to emaSwati, it should be clear how emaSwati will be prioritised or benefit, unfortunately the Bill is quiet on that aspect.  “The inclusion should be detailed clearly,” he said. Nxumalo said he feared that in cases where emaSwati might not have the money for some investments, they would find themselves losing and not benefiting from businesses that were making millions on their land. He highlighted that the Bill should clearly state the percentage that emaSwati would be entitled to in international investments that were operated on their land. “King Sobhuza II said there should be places and industries that were reserved for emaSwati and formed Swazi Commercial Amadoda to safeguard those industries,” he said. He noted that the Bill completely excluded Swazi Commercial Amadoda. Meanwhile, Secretary of Swazi Commercial Amadoda Edward Masilela also raised concerns about the structuring of the Bill. He said he had a feeling that emaSwati would continue being worse-off because of excluding the King’s consent from the Bill.

Structures

He said the stepping in of the Ministry of Commerce, Industry and Trade on ENL business had stripped Swazi Commercial Amadoda and traditional structures powers to safeguard the land of emaSwati from foreigners.  It was raised by the stakeholders that the delays in passing the Bill had created a huge mess. They revealed that foreigners were buying ENL and starting businesses there. “Seemingly, we are going back to colonialism era where emaSwati among other Africans did not have ownership of their land and colonisers had taken over it. What are we doing as emaSwati? Foreigners should be working for or with us to grow our economy, not to take it away,” said Nxumalo. “Detailing the percentages will also protect the King from being accused of giving foreigners preference over indigenous people,” he added. Senators and Chiefs were also of the view that the proposed law needed to be scrutinised properly. Senators Busi Dlamini, Prince Hlangabeza and chiefs who included Chief Zabeni Shiba, Ngalonkhulu Mabuza and Prince Magudvulela raised concerns about how the legislation excluded traditional structures.

Citizens

They were of the view that a law that was aimed at empowering citizens should include traditional structures because every liSwati in the country affiliated under a chiefdom.  The senators said the reason a number of businesses on ENL had been taken over by foreigners was because the Ministry of Commerce issued licences without conducting an inspection in locos. They suggested that the law should state that before a trading licence for a business on ENL was issued, it would be crucial for the ministry to conduct inspections in loco and that process should go via the Royal Kraal. “The law should include chief representatives; how can ministry officials understand or know people in rural communities without liaising with the chiefs. This is a very dangerous issue, we will leave our children with nothing,” said Chief Ngalokhulu Mabuza.

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