SENATORS: CIVIL SERVANTS SHOULD ALSO DECLARE ASSETS

LOBAMBA – Why are we the only ones who have to declare assets?

This was among the many questions the Commission on Human Rights and Public Administration/Integrity had to provide answers to yesterday before senators, during a workshop on the declaration of assets for parliamentarians as public officers. The exercise of declaring assets by politicians is conducted when the public officers enter Parliament. It is repeated after two years and when they leave office.

This exercise is conducted by the Commission on Human Rights and Public Administration/Integrity. This is in fulfilment of Section 241 of the Constitution, where the prime minister (PM) and those in leadership positions are expected and directed to declare their assets and liabilities. This is a significant constitutional provision that enhances transparency and trust in leadership, preventing conflict of interest and the acquisition of illicit assets or attainment of wealth through corrupt practices.

Questioned

During the workshop, which was held in the Senate chamber yesterday, senators questioned why parliamentarians were the only officers who were compelled to declare their assets.
The senators asked the commission’s officials, including Deputy Commissioner Duduzile Nhlengetfwa, Acting Executive Secretary Nelisiwe Zwane and Armstrong, who were in the Senate chamber, to capacitate them on the process of declaring, and its aim, if enforcing the declaration of assets meant ‘letigebengu’ were only in Parliament.

This was after an informative session that was conducted by Zwane, who detailed what the commission was about, including some of the challenges that hindered them from performing at their level best.  The senators were also taken through the code of conduct, principles and ethics. Zwane explained to the senators that declaring was part of the integrity sphere, which was expected of public officers like all parliamentarians, including senators. The senators questioned why declaring assets and liabilities should not be all-inclusive and extended to civil servants. The senators wondered if it was assumed that they were the only ones who could accumulate wealth through corrupt means.

Categories

“I can see you are saying that by law, as provided in the Constitution, certain categories of people have to declare, including us as senators. How wide or narrow is the net? Kushokutsi letigebengu ngulaba labalapha? (Do you mean crooks are only here?). “I am seriously asking because I am trying to understand that this means the cancer of corruption is in Parliament. Kushokutsi labonjinga beyisola (suspects) are here,” said Senator Isaac Magagula. The senator further enquired from the commission if they thought the list of people who were compelled to declare their assets was wide enough. He said: “Could not it be extended to those who are exposed to those who work in departments that may be abused or tempting? The way I see it, the net is narrow.”

Senator Tony Sibandze told the senators and the commission that there were civil servants who were not listed among the group of people who should declare their assets, yet they were filthy rich and no one was holding them accountable. He added that there was a lot of wealth sitting with certain individuals and it was not accounted for. “There is so much accumulation of wealth, mainly by public officials, that is not accounted for in this country. There is no accountability at all. I am not saying public officials shouldn’t accumulate wealth; the country also encourages us to work and invest correctly, but here we are being told to declare assets and liabilities.

Declare

“Since you are tasked to ensure that public officials declare their assets and liabilities, my question, therefore, is I declare when I assume office and again after five years. After five years, I will have 20 more than when I entered office. How do you do this? How close are you to these issues? I am not talking about parliamentarians, but some people occupy certain offices yet they are still public officials,” he said. Sibandze added: “There are officers who are not in Parliament, who have so much wealth than even a parliamentarian who has served more than three terms could not accumulate it, even if the parliamentarian can supplement it with businesses, but could not accumulate the wealth of some civil servants.”

As the senator was presenting his point, some of the senators were nodding their heads in agreement with him. Senator Chief Mvimbi Matse also agreed with him and he was heard saying ‘Nkosi yami (my Lord)’ as Sibandze was making his point. The senator said if the wealth of civil servants who are very rich could be accounted for, then government and the nation at large could benefit. He also stated that there was a need for the mandate to declare to be extended to all civil servants because some were ‘getting away with murder’, because they were not required by the law to declare.

As Tsabedze was on the floor, some senators agreed with him to the extent that others laughed as if they knew who he was referring to. Senator Magagula, after noting the tough questions and some tension, which gave the impression that the senators were against declaring their assets, or undermined the commission, explained that they were not fighting them but were merely giving them some food for thought. He explained that their concerns should be included in the legislation and emphasised that they were not interrogating the commission.

Vibrancy

The Senate President, Lindiwe Dlamini, after noting the vibrancy of the session, told the senators that they could also have a motion based on the questions they asked because the questions were valid and provoked a lot of questions. “The motion could be directed to the Ministry of Justice and Constitutional Affairs and speaks to the code of conduct,” she said.
The deputy commissioner lauded the senators for the questions and assured them that the commission did not feel attacked.  Nhlengethwa said there was a possibility of adding more people to declare their assets and liabilities. “The Constitution allows us to come back to Parliament and include some officers. We also looked at it as a commission and questioned why under secretaries in government ministries, directors and parastatals’ CEOs were not included. I think if we could have the legislation, we would be able to do more on that issue,” she said.

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