LOBAMBA – If things go according to Minister Prince Simelane’s wishes, the report of the Judicial Commission of Inquiry into the Office of the Master of the High Court should be presented back at Sibaya.
The minister for Justice and Constitutional Affairs made this known during the Senate Portfolio Committee sitting on the ministry’s first-quarter performance report.
During the sitting, the minister showed senators a copy of the 487-page report of the Judicial Commission of Inquiry into allegations of impropriety, maladministration and abuse of power at the Office of the Master of the High Court. The report was released by Chief Justice Bheki Maphalala on Friday.
Senate Portfolio Committee Chairperson Senator Isaac Magagula asked whether the report could be officially handed over and tabled before the committee to allow senators to engage with its contents. Magagula said the report was important as it had been eagerly awaited by the nation and wanted to know whether there was a formal process through which it could be brought before the Senate.
Responding to the senator, Simelane said while the report would be officially submitted to Parliament through the Office of the Clerk, he believed it would be more appropriate for it to be presented at Sibaya.
He said emaSwati had raised concerns about the Master’s Office at Sibaya and had subsequently called for a commission of inquiry into the institution. According to the minister, the people should, therefore, be given an opportunity to see the report at the same place where the concerns were initially raised. “EmaSwati raised concerns at Sibaya about the Master’s Office and called for a commission of inquiry. Now that a report has been tabled, emaSwati must see it at Sibaya,” Simelane said. The minister stressed that the report would nevertheless follow the official parliamentary process, saying he would submit it to the Office of the Clerk. During the same sitting, Senator Lorraine Nxumalo questioned the delay in the appointment of judges despite the Judiciary having previously raised concerns about a backlog of cases and requested additional posts.
Nxumalo said the posts had been granted and an advert for the recruitment of judges had been issued, but senators had yet to see the appointment of new judges. She wanted the minister to explain what was causing the delay. The senator also raised concerns about the performance of the Anti-Corruption Commission (ACC), particularly the fact that its first-quarter report recorded no arrests. Nxumalo questioned whether the country was doing enough to fight corruption, warning that the absence of arrests could create the impression that there were no consequences for people involved in corrupt activities.
Responding to the concerns, Prince Simelane explained that the absence of arrests in the ACC’s report did not necessarily mean that the commission was not actively working on cases.
He said the ACC had started the year with about 355 cases and that its investigations were followed by the involvement of the Director of Public Prosecutions (DPP), which is an independent institution. According to Prince Simelane, once the ACC completes its work, cases are handed over to the DPP for consideration and possible prosecution before they can proceed to court.
He likened the process to a relay race, where one institution completes its part before handing the baton over to the next. The minister also raised the issue of deportees who have been brought to Eswatini, although the matter had not been raised directly by the senators during the discussion.
Simelane said the deportees were not expected to remain in Eswatini permanently and described the country as a temporary station for them.
He said he had heard that some of the deportees had started feeling safe and felt at home in Eswatini to the extent that they could now participate in local activities.
Another concern raised during the sitting was the continued appointment of senior officers in an acting capacity for periods extending beyond the six months provided for in the Constitution. Senators sought clarity on why some senior positions remained occupied by acting officials for months, despite the constitutional limit.
In response, the minister said government was aware of the issue and was not ignoring the constitutional provisions governing acting appointments.
He pointed to steps already taken by the Judicial Service Commission (JSC), including the advertising of vacant positions and the conducting of interviews. According to the minister, the JSC is responsible for making recommendations following the recruitment process, after which the recommendations are forwarded to the higher authorities for approval.
“In terms of acting for months, way after the six months that is in the Constitution, we are not ignoring it,” Simelane said.
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