JUDGES DIRECTED TO DECLARE ASSETS

MBABANE – In a groundbreaking move for judicial transparency and accountability, all judges have been directed to declare their assets and liabilities for the first time in the nation’s history. This directive affects judges at all levels of the Judiciary, including those serving in the Supreme Court, High Court, Industrial Court, and Industrial Court of Appeal. In a correspondence, the Office of the Supreme Court Registrar informed the judges that they are required to complete asset declaration forms provided by the Human Rights and Public Administration/Integrity commission. 

This unprecedented step underscores the commitment to upholding integrity within the judiciary and bolstering public trust in the legal system. The judges will also be required to take an oath before the commissioner of the Human Rights and Public Administration/Integrity Commission. “Should the honourable judges require assistance in filling in the declaration forms, they are kindly requested to contact the registrar,” reads part of the minute dated January 14, 2025.  

informed

They were informed that this exercise was being done in terms of Section 24(1) of the Constitution of the Kingdom of Swaziland (Eswatini). According to Section 241 of the Constitution of Eswatini, a person who holds a public office shall submit to the Commission on 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. Meanwhile, the recent politician to declare his assets and liabilities is Prime (PM) Minister Russell Dlamini. This declaration was made before the Commission on Human Rights and Public Administration/Integrity (CHRPA/I) yesterday, with the Deputy Commissioner leading the PM during the oath-taking process.

requirement

The PM submitted this declaration, 13 months after assuming office as the head of government, highlighting that he, along with other politicians, had previously breached the constitutional requirement. According to Section 241 of the Constitution, any person holding a public office must provide the commission with a written declaration of all property and assets they own, as well as any benefits gained or liabilities owed, whether directly or indirectly. Last December, during the commemoration of International Human Rights Day, the commission revealed that 52 politicians had not declared their assets and liabilities. According to the report, of the 59 elected MPs and 10 appointees, only 28 had fulfilled this requirement. Among the 30 senators, (10 elected and 20 appointed) only 14 complied.

Additionally, only five members of the Cabinet made their declarations at that time. Following these concerning statistics, the commission noted that some politicians expressed interest and began requesting asset declaration forms. At that time, the PM had filled out his forms but was awaiting the formal opportunity to take the oath. Other Cabinet ministers who have reportedly declared their assets include Deputy Prime Minister Thulisile Dladla, Minister for Justice and Constitutional Affairs Prince Simelane, Minister for Public Service Mabulala Maseko, Minister for Information and Communication Technology Savannah Maziya, Minister for Finance Neal Rijkenberg, and Minister for Commerce, Industry, and Trade Manqoba Khumalo. Section 242 of the Constitution states that an officer who contravenes the code may face dismissal or removal from office after a due legal process as a result of such breaches or abuses.

Additionally, they may be disqualified from holding any public office, either generally or for a specified period. Subsection 2 of this section specifies that any property or assets acquired after the initial declaration under this chapter, which cannot be reasonably attributed to income, government loans, inheritance, or other legitimate sources, shall be forfeited to government after due legal process.

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