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Comments and Analysis

Too precious to declare?

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The debate by MPs and Cabinet ministers during their retreat on the Leadership Code of Conduct Bill, 2025, left me concerned about the future of accountability in the country. At a time when corruption remains a serious threat to public confidence, I believe legislation intended to strengthen transparency should be welcomed, not treated as an inconvenience.

Some legislators are said to have raised concerns about provisions requiring the declaration and forfeiture of gifts valued at E5 000 or more. Traditional gifts, including cattle and goats, reportedly featured among the concerns.

However, protecting our culture and promoting accountability are not mutually exclusive. We can respect our customs without creating loopholes that could be exploited by those seeking to influence public decisions.

The Leadership Code of Conduct Bill seeks to establish standards governing the conduct of public officers, including the handling of gifts and benefits that could create conflicts of interest. It also seeks to strengthen asset declarations and accountability. These safeguards are essential because public office is a position of trust, not a personal gateway to wealth and privilege. It also demands that the custodians of public office apply these standards on their oversight role.

In the true spirit of ‘nkwe’, with its emphasis on effective execution and measurable results, this Bill should have been passed a long time ago. We cannot continue preaching accountability while legislation designed to strengthen it remains entangled in debate. Good governance requires more than speeches and promises. It requires rules, implementation and consequences.

The Constitution already sets the tone. Section 239 requires leaders to uphold transparency, accountability and the common good, while Section 241 provides for designated office-bearers to declare their assets, benefits and liabilities. The reported asset declarations by public office-bearers are an important step towards meeting these obligations.

This commitment to transparency should also extend to gifts and benefits received while serving in public office.

Declaring one’s assets is important, but the public must also be protected against gifts that could create conflicts of interest or raise questions about whether official decisions are being influenced. The Bill presents an opportunity to build on the progress made by establishing clear rules for declaring, assessing and handling official gifts. Updated information on compliance would help the public appreciate the progress achieved while identifying areas that still need attention.

Transparency should not end with what leaders own; it should also cover what they receive in the course of serving the nation.

A gift from a relative at a customary ceremony is different from an expensive present offered by a businessperson whose interests may be affected by a government decision. The circumstances surrounding a gift matter.

A goat is a goat, but when it comes from someone seeking a government tender, its arrival deserves proper scrutiny. This is not an attack on culture. It is a call to distinguish genuine generosity from benefits that could compromise public duty. If these gifts are so precious that our leaders cannot bear to declare or surrender them, they should buy them through the State at the appropriate value, where the law permits. Public office must never become a shortcut to acquiring personal wealth through benefits offered in the course of official duties.

When gifts go undeclared, emaSwati are left unable to judge whether decisions on tenders, contracts, licences and public spending are being made in the national interest or to please those who give. Ultimately, taxpayers could pay the price through questionable decisions, wasted public funds and services that fail the very people they are meant to serve.

African countries have already taken steps to regulate these matters. Botswana has an asset declaration framework under its Declaration of Assets and Liabilities Act, 2019. South Africa requires designated public officials to disclose financial interests, including relevant gifts and hospitality.

Zambia also has legal provisions governing the declaration of assets, liabilities and income by specified ministers and parliamentary office-bearers. Although implementation differs across these countries, their frameworks demonstrate that accountability can be built into public administration.

Eswatini should learn from these experiences rather than allow concerns about implementation to become an excuse for delay. Practical solutions are available.

A centralised digital declaration system could simplify submissions, facilitate updates and support verification. Clear guidelines could also distinguish customary personal gifts from official gifts and benefits that must be declared or surrendered under the law.

Parliament must stop dragging its feet and pass the Leadership Code of Conduct Bill, 2025, without diluting its essential safeguards. Genuine concerns about customary gifts, implementation or administrative procedures must be resolved through clear amendments, not used to prolong delays. The public deserves a firm timeline for passage, clear information on compliance and an explanation of how non-compliance will be addressed. MPs and ministers cannot demand accountability from the nation while appearing reluctant to submit themselves to the same scrutiny. The time for debate without delivery is over. Parliament must demonstrate that fighting corruption is more than a political slogan.

Public office is not a gift hamper. It is a responsibility to the people and that responsibility must come before personal convenience.

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