MBABANE – Constitutional lawyer Sipho Gumedze believes MPs Nathi Hlophe and Charles Ndlovu acted with a conflict of interest by investigating their former employers.
Gumedze observed that prudence would have dictated that these matters be raised in Parliament by their colleagues. Instead, the two MPs personally disclosed to the House of Assembly the alleged occurrences at their previous workplaces — Eswatini Broadcasting and Information Services (EBIS) and Eswatini Posts and Telecommunications Corporation (EPTC).
He explained that conflicts of interest arise from public perception. According to Gumedze, the prevailing perception is that the two MPs consider themselves to have been aggrieved by the leadership decisions of their former employers and are now utilising parliamentary privilege to retaliate.
Although they are tasked with providing oversight as legislators, Gumedze remarked, the public believes they are addressing their own personal grievances.
“They are clearly in a position of conflict of interest,” Gumedze asserted.
Another senior attorney who addressed the issue on condition of anonymity said: “This is a clear-cut case of conflict of interest.”
The attorney did not understand why the other MPs did not call them to order or ask them to recuse themselves from the discussions.
“If they do not recuse themselves from the discussions, they should not have been members of the select committee tasked with the investigations, as one of them was actually a member,” the attorney said.
It must be said that the spotlight has turned to these lawmakers as concerns surface about whether their actions on select committees amount to a conflict of interest, even if they raised legitimate concerns.
MP Hlophe, a former employee of EBIS, recently moved a motion calling for an investigation into alleged favouritism in staff deployment at both EBIS and Eswatini TV.
He claimed that newsroom staff were repeatedly chosen for assignments, particularly those involving official State visits, leaving out other employees.
Meanwhile, MP Ndlovu, once a manager at EPTC, was elected by the House of Assembly to sit on a select committee probing the restructuring and possible downsizing at EPTC.
This committee was tasked to look into claims of large-scale layoffs, the fairness of the restructuring process and whether there were deviations from the approved procurement procedures within the corporation.
These developments have triggered debate about whether their past associations with EPTC and EBIS could compromise their impartiality and the integrity of the parliamentary process.
According to sections 40 and 41 of the Constitution of the Kingdom of Eswatini, public officers, including members of Parliament, must avoid situations where their personal or previous professional interests may conflict or appear likely to conflict with the performance of their official duties.
The Constitution specifically warns that no person in such a position should take up roles where personal interest could conflict with their public functions.
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