LOBAMBA – Minister for Justice and Constitutional Affairs, Prince Simelane has been given until the end of the current financial year to resolve the prolonged appointment of substantive office bearers to the positions of Anti-Corruption Commission (ACC) commissioner and Director of Public Prosecutions (DPP).
Members of Parliament (MPs) have warned that failure to do so could result in him being barred from Parliament. The warning was issued on Friday during the Portfolio Committee debate on the Ministry of Justice and Constitutional Affairs’ first quarter performance report for the 2026/27 financial year, where MPs expressed frustration over what they described as a lack of progress on several longstanding issues within the justice sector.
Committee members also urged the minister to facilitate the implementation of a legal instrument that would allow certain inmates who have served at least half of their prison sentences to be granted one-day parole. MPs argued that the measure would enable inmates who own businesses to briefly attend to their enterprises, helping preserve jobs and protect the livelihoods of employees and their families.
The prolonged acting appointments of the DPP and ACC commissioner dominated the debate, with legislators questioning why the positions had remained vacant despite recruitment processes having been initiated.
Hhukwini MP Alec Lushaba noted that while the minister had previously stated that some departments operated independently of his office, they still fell within the ministry’s broader responsibility. “The position of DPP was advertised, but up until today we have heard nothing. When will these appointments be made?” he asked.
Mayiwane MP Sicelo Dlamini questioned the continued reliance on acting appointments across the ministry, saying senior officials had remained in acting capacities for extended periods without explanation. He criticised what he described as a lack of tangible progress since the current Parliament assumed office in 2023, arguing that the ministry continued to return to Parliament every quarter without demonstrating meaningful achievements.
Mafutseni MP Sabelo Mthethwa said the current financial year should not end without substantive appointments being made. “The law is clear that officers can only act for six months. The advertisements have already been published, which suggests government no longer wants those acting in the positions, yet they have acted for more than a year,” he said.
Mthethwa also backed the proposed day parole initiative, saying inmates who owned businesses should be given an opportunity to check on their enterprises for a few hours, noting that many employees depended on those businesses for their livelihoods.
Mbabane East MP Welcome Dlamini also supported the proposal, saying inmates who had served half of their sentences should be permitted limited parole to attend to their businesses and personal property.
He further questioned why discipline camps for young offenders were being run by facilitators from South Africa instead of the Eswatini National Council Against Crime, expressing concern over accountability should an incident occur during the camps. “The next financial year must not end without these positions being filled. If it does not happen, we must chuck the minister out of Parliament. We will not be removing him from office, but we can stop him from coming to Parliament,” he said.
Manzini Regional MP Thandeka Mavuso also called on the minister to engage with the acting DPP and ACC commissioner and assess their welfare while the appointments remained outstanding. Beyond the appointments, MPs called for improved engagement between Parliament and institutions under the ministry. They complained that requests to meet with the DPP’s Office, the Judiciary, the Electoral and Boundaries Commission (EBC) and the ACC had not materialised despite repeated requests.
The Mayiwane MP said Parliament needed direct engagement with the institutions rather than relying on public perceptions and allegations. “Before the end of this session, let us visit the Office of the DPP, the Chief Justice, the Anti-Corruption Commission and the Judiciary. We are not begging them. We need to engage them and seek clarity on the concerns that have been raised,” he said.
MPs also sought clarity on the Judiciary’s financial independence, including whether it now controlled its own budget and travel arrangements following the separation of powers, and asked how much government paid in rent for the ACC’s offices.
Concerns were further raised over delays in the delivery of court judgments, with legislators questioning what role Parliament could play in addressing the backlog.
Committee chairperson Michael Masilela challenged the MP’s to explain what action could be taken if delayed judgments persisted.
Meanwhile, MP Lushaba also demanded an update on the long-awaited Master’s Office Commission of Inquiry report, saying the public expected its findings to be released after the inquiry was completed. He urged the minister to engage the Judiciary on the status of the report.
Responding to the concerns, Simelane distanced himself from the appointment process, maintaining that such did not fall under his authority. “On the acting appointments, unfortunately, it is not on my plate. I saw that advertisements were published, but I cannot interfere. The appointments are the responsibility of the Public Service and Civil Service Commission,” he said.
The minister said he was prepared to meet with the portfolio committee to clarify the respective mandates of the institutions involved.
He also confirmed that the Judiciary had previously arranged a meeting with the committee, but it had been postponed after the CJ had other commitments.
On complaints regarding delayed judgments and the conduct of judicial officers, Simelane stressed that disciplinary matters fell exclusively under the Judicial Service Commission (JC), adding that it would be inappropriate for him to interfere in functions assigned to constitutionally independent bodies.
It should be noted that in August last year, the JSC, which is chaired by the CJ, Bheki Maphalala moved swiftly into action following its appointment by His Majesty King Mswati III regarding the two positions by advertising them.
The DPP post is held in an acting capacity by Lomvula Hlophe, while ACC Commissioner position is held by Maphevu Mkhatshwa.
According to the advertisement that was run, the JSC sought both demanding candidates of high integrity and legal expertise.
According to the JSC, applicants were expected to be Eswatini nationals, possess an LLB degree, and have been admitted as either an attorney or advocate with at least 10 years of practice. They were also expected to meet the qualifications required for appointment as a High Court Judge.
The ACC commissioner post carries a basic salary of E798,992.36, while the DPP role is pegged at E764 217.96. The commission had set August 25, 2025 ,as the closing date for applications.
