LOBAMBA – The Attorney General (AG), Sifiso Mashampu Khumalo, has cleared the air on the controversy surrounding the country’s memorandum of understanding with technology giants Google.
This happened yesterday during the debate and adoption of the Senate portfolio committees’ reports.
Before the adoption of the Prime Minister and Cabinet Portfolio Committee Report, clarity was sought regarding conflicting information on the MoU.
In particular, clarity was sought on whether the said MoU was approved by Cabinet or not.
In addressing the issue, the AG informed senators that Section 77 of the Constitution provides the guidelines for the signing of MoUs and agreements. He said the supreme law of the land is clear that agreements signed by government or in its name will not be finalised without proper scrutiny by his office.
“I am saying the powers to look into MoUs lie with the AG’s Office and that is provided for in the Constitution. I have heard that there are now different versions. I can confirm that we indeed vetted the MoU,” said Khumalo. He explained that an MoU is non-binding between the parties.
Instead, he said it signifies an intention that perhaps in future the two parties intend to work together.
“It is an intention of what the parties want to do. What I am saying is that we saw it. I think there was a mistake in the information that we did not see it. We did see the MoU, vetted and cleared it for Cabinet’s attention,” he said.
Elaborating, the AG said the document went to Cabinet and that he has explained in another forum that the MoU is there.
“I would be making a mistake if I denied that there is an MoU. I signed it and dealt with it at Cabinet,” he said.
He said the government policy on agreements of 2018, all agreements, even though the powers lie with the AG’s Office, have to be taken to Cabinet.
He said Cabinet has to then endorse such agreements as a collective.
“I think the senators were not properly apprised, but I can say that what is contained in the report to the effect that the MoU was endorsed is what is correct,” he said.
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