MBABANE: “When you read the Constitution in context, the Prime Minister, Cabinet and Members of Parliament(MPs) are still legally in office, their term of office expires when new MPs are elected”.
This was the view of one of the constitutional experts, who was part of the Constitutional Drafting Committee(CDC) when asked to clarify if, the King did not violate the Constitution by dissolving Parliament while Cabinet remained behind.
Section 68(4) of the Constitution states that, the King revokes the appointment of a Minister if, among others, the Minister ceases to be a Member of Parliament(MP).
“Even though the Parliament has been ‘dissolved’ by the King, constitutionally, the MPs and Cabinet are still in office legally, that’s why Members of the dissolved Parliament continue to receive their salaries until new MPs are elected. MPs could be recalled to conduct their duties should an urgent national assignment arise. So,the Prime Minister, Cabinet Ministers are still in office legally because, in terms of the law, they are still Members of Parliament,” said the constitutional expect.
On another note, King’s Spokesperson Percy Simelane told this Swaziland News earlier that the Cabinet will remain behind until further notice, after the King dissolved Parliament.
“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.
King Mswati.