CANGO: HOW POLITICAL PARTIES MAY COMPROMISE PEOPLE’S RIGHTS

MBABANE – A total of 52 politicians have not declared their assets and liabilities before the Commission of Human Rights and Public Administration (CHRPA)/Integrity.

This was disclosed by the commission yesterday during the commemoration of International Human Rights Day and 15 years of the commission’s existence in Eswatini. The shocking figures of Members of Parliament (MPs), senators and Cabinet ministers, who have contravened the supreme law of the country, were disclosed by Human Rights Examiner, Nelisiwe Zwane. Zwane presented before the commemoration delegates, who included the Minister for Justice and Constitutional Affairs, Prince Simelane, United Nations (UN) organs, civil society organisations and other government officials.

Activities

The officer stated that one of the activities of the commission this year was to ensure that parliamentarians and politicians honour their obligation and declare assets before the commission. According to Section 241 of the Constitution of Eswatini, a person who holds public office shall submit to the Commission of Human Rights and Public Administration/Integrity a written declaration of all property, assets owned by, or any benefit gained or liabilities, owed by the holder of that office whether directly or indirectly.

The first declaration should be done within six months after the commencement of the integrity commission or before taking office, as the case may be. The declaration is expected to be conducted after two years in office as well as at the end of their term.This is a significant constitutional provision that helps to increase transparency and trust in leadership, preventing conflict of interest and the acquisition of illicit assets or attainment of wealth through corrupt practices.

Declaration

The commission, on October 10, was in Parliament for the declaration of assets and liabilities exercise. After a poor turnout, the declaration period was extended to November 10, 2024. Last week, the commission was still in Parliament assisting senators who, needed help during the exercise, but the turnout was still poor. The 12th Parliament MPs were sworn in on October 6, 2023, in Parliament, and the Speaker and Deputy Speaker were also elected on the day. Zwane stated that out of 59 elected MPs and 10 appointees, only 28 declared their assets and liabilities. Out of 30 senators, of whom 10 are elected by the Electoral College and 20 appointed, only 14 honoured their constitutional obligation.

This means that even the 20 senators appointed by His Majesty the King, have contravened the supreme law. Zwane also shared that only five Cabinet ministers have declared their assets and liabilities. “The Minister for Justice and Constitutional Affairs, Prince Simelane, was the first Cabinet Minister to declare,” Zwane said as the meeting was getting rowdy, following the shocking figures. It was revealed during the meeting that there was a lot of resistance from some of the parliamentarians. This is despite the fact that the commission, on May 13, 2024, held workshops, where they took the parliamentarians through the importance of declaring their assets and liabilities.

This is despite the fact that Parliament should be seen adhering to the Constitution, holding government and officials accountable and playing an oversight role.  The 12th Parliament, during Sibaya in 2023, was given a mandate to fight corruption and ensure accountability. The first step in holding people accountable is leading by example and honouring the laws of the country. Following the figures that were revealed by Zwane, civil society came hard on the commission for not taking things to the next step. The Coordinating Assembly of Non-Governmental Organisations (CANGO) Executive Director, Thembinkosi Dlamini, questioned if the declaration was optional to the political office barriers, because there was no way that only around 47 would have declared their assets by now.  “We have had this Parliament for over a year now, therefore, it could have been expected that by now they would have declared their assets, so that we could be able to track over time whether people are accumulating wealth that they shouldn’t or should,” he said.

Liabilities

Hhukwini MP Alec Lushaba, who is also an alternating member of the House of Assembly Justice and Constitutional Affairs Portfolio Committee, said he was shocked to learn that MPs have not declared their assets. Lushaba is among those who have declared his assets and liabilities. In response, the CHRPA/Integrity Deputy Commissioner Duduzile Nhlengethwa explained that Section 242 of the Constitution states that an officer who contravenes the code may, after due process of law, be dismissed or removed from office by reasons of such breach or abuse and may be disqualified from holding any public office, either generally or for a specified period.  

Subsection 2 of the Section states that any property or assets acquired after the initial declaration under this chapter and, which is not reasonably attributable to income, government loan, inheritance or any other legitimate source, shall, after due process of law, be forfeited to government.  “We are urging all of those who are required by the law to make the declarations,” she said. The deputy commissioner stated that the commission, with its mother ministry, has completed drafting the Leadership Code of Conduct Bill and was before the Cabinet.
She said the proposed law would spell out the obligations and consequences.

She went on to state that for now, the commission has not resorted to drastic measures as per Section 242, but once the proposed law is enacted into an Act of Parliament there would be dire consequences.  The commission also shared that this year they have received 158 cases relating to human rights violations. The commission shared that 98 cases were reported by men and 55 by women, three from children and two from persons with disabilities.

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