MBABANE: King Mswati is constitutionally obligated to simultaneously dissolve both Parliament and Cabinet next week.
The King summoned the Nation to Sibaya on the 11th July 2023 and is highly expected to dissolve Parliament while Cabinet Ministers and Prime Minister Cleopas Sipho Dlamini are allegedly lobbying to remain behind for at least two(2) months.
But a constitutional research conducted by this publication, after King’s Spokesperson Percy Simelane told this Swaziland News that the Cabinet might remain behind, after the King dissolved Parliament as per the norm, suggest that the so called ‘norm’ is actually unconstitutional.
“Our experience is that when it comes to political responsibilities such as this one, the King goes by the Constitution and not by Ministerial proposals or opinions. When the king disengages Parliament, a Council of Ministers remains active until further notice where all of them are dispersed.We are not aware of any official departure from this norm,” said the King’s Spokesperson.
But Section 68(4) of the Constitution states clearly, that the King revokes the appointment of a Minister if,among others, the Minister ceases to be a Member of Parliament.
The Constitution further states clearly that,the Prime Minister must be a member of Parliament, and this means constitutionally, one cannot be a Minister or Prime Minister if there’s no Parliament and/or if his or her Parliamentary term or status has expired or revoked.
“the Minister ceases to be a member of Parliament,” reads Section 68(4)(c) of the eSwatini Constitution.
Ordinarily, should the King decides to respect the Constitution when he dissolves Parliament next week, as his leadership remains under international scrutiny, Principal Secretaries(PSs) are expected to be in charge, with Chief Executive Officer(CEO) in the King’s Office, Chief Mgwagwa Gamedze taking over as the Acting Prime Minister.
On another note, a separate legal research conducted by this publication suggests that the establishment of the so called Council of Ministers that was suggested by the King’s Spokesperson, “is actually contained in the 1973 Decree” and therefore, inconsistent with the provisions of the Constitution.
It remains unclear if the King will follow the Constitution as the very same Supreme Law places him above it,or any other law thus confirming the sentiments suggesting that, eSwatini is a dictatorship State.
REVEALED: King constitutionally obligated to simultaneously dissolve Parliament and Cabinet next week.