Parliament is set to hold a retreat for legislators after the Umhlanga Reed Dance ceremony, with alleged threats and intimidation against Members of Parliament (MPs) expected to form part of the discussions.
Clerk to Parliament confirmed that the planned engagement would, among other issues, address concerns around MPs being intimidated over views expressed during parliamentary debates.
The retreat follows concerns raised in the House after Mafutseni MP Sabelo Mtetwa alleged that a minister had confronted him along the parliamentary corridors and demanded that he repeat comments he had made during debate. Speaking on the matter, the Clerk to Parliament said the issue was worrying because legislators should be able to express their views freely when carrying out their parliamentary duties.
He emphasised that legislators were protected by laws governing parliamentary privileges and should not be intimidated because of their contributions in the House.
The protection referred to by the clerk is provided for under the Parliamentary Privileges Act, 1967, which expressly provides for freedom of speech and debate in Parliament. Section 3 of the Act states: “There shall be freedom of speech and debate or proceedings in Parliament and such freedom shall not be liable to be impeached or questioned in any court or place outside Parliament.”
The Act also provides specific protection against intimidation of MPs.
Section 11(3)(k) provides that a person commits an offence if they “attempts, directly, by fraud, or by threats or intimidation of any kind, to influence a member in his vote, opinion, judgment or action, upon any question arising in Parliament, or to induce him to absent himself from Parliament.”
Section 11(3)(l) further provides for an offence where a person “threatens, assaults or insults a member or an officer of Parliament on account of his conduct as such member or officer.” The Act also states under Section 9 that a member shall not be liable to civil or criminal proceedings, arrest, imprisonment or damages by reason of anything the member may have brought before Parliament or may have said before or in Parliament.
The planned retreat, therefore, comes as Parliament seeks to reinforce the boundaries between robust political debate and conduct that could intimidate legislators from performing their duties.
The clerk said the issue needed to be addressed because MPs must be able to participate in debates without fear of repercussions arising from the opinions they express in the House.
The retreat is expected to bring legislators together to discuss the protections available to them and how parliamentary business should be conducted when disagreements arise between MPs and ministers.
The matter was raised in the House after Mtetwa invoked Standing Order 66 to seek guidance from Speaker Jabulani Mabuza over his alleged confrontation with a minister.
The Mafutseni MP said he had been approached along the parliamentary corridors and allegedly called a ‘boy’ before being asked to repeat comments he had made during debate.
He said he regarded the incident as a threat and questioned whether such conduct was appropriate given that MPs were expected to debate freely.
The Speaker subsequently told MPs that they were protected by the Privileges Act and should not threaten one another over parliamentary debates.
Mabuza said MPs were all honourable members while in the House and should be allowed to debate freely.
The Speaker also invited Mtetwa to report the matter to his office so that the minister concerned could be engaged and reprimanded if necessary.
The latest move by Parliament means the issue will now be taken beyond the immediate confrontation and discussed collectively among legislators at the planned retreat.
The clerk said the Speaker and his office were working on arrangements for the retreat, which is expected to take place after Umhlanga Reed Dance Ceremony.
The engagement will also provide an opportunity for Parliament to discuss other issues affecting MPs and the institution, while reminding legislators of the rights and responsibilities attached to their positions.
‘I WAS BEING DIPLOMATIC BY NOT NAMING MINISTER’
Mafutseni Member of Parliament (MP) Sabelo Mtetwa says he deliberately chose not to name the minister he accused of confronting and intimidating him because his intention was not to embarrass them, but to give them an opportunity to reflect on their conduct.
Mtetwa said he believed withholding the minister’s name was a diplomatic approach, particularly because he wanted them to conduct a self-introspection and realise that the alleged conduct towards him was inappropriate.
The MP was responding to questions on the identity of the minister after he raised concerns in Parliament that he had allegedly been confronted along the parliamentary corridors and asked to repeat comments he had made during a debate.
Mtetwa said he had since taken the matter to the office of the Speaker of the House of Assembly Jabulani Mabuza and had trusted the office to deal with it.
“I was being diplomatic by not mentioning the minister because my intention was not to embarrass the minister. I wanted the minister to look at what they did and do some self-introspection. I have reported the matter to the Speaker and I trust his office to work on it,” he said. When pressed to identify the minister, Mtetwa maintained his decision not to disclose the name, instead pointing to the parliamentary contribution that preceded the alleged confrontation.
He said he believed anyone interested in establishing what he had said could listen to the Hansard of the day. On July 23, Mtetwa requested Prime Minister Russell Mmiso Dlamini to investigate the allegations surrounding a E5 million payment linked to the issuing of a gambling licence.
During his contribution to the prime minister’s office first quarter performance report, Mtetwa had called on Dlamini to institute an investigation into the ministry after alleging that a minister had received E5 million from a gambling company seeking a licence for an outlet in Manzini.
The MP had told the prime minister that he welcomed government’s efforts to address corruption, including the commission of inquiry established to investigate alleged corruption and maladministration.
He also referred to the investigation into the Eswatini Medical Christian University (EMCU), which was being pursued by both government and Parliament.
Mtetwa then questioned why a similar investigation could not be conducted into the ministry of tourism and environmental affairs in light of the allegations he had raised.
“By the end of the second quarter, a team should be put in place to investigate the abnormalities in the ministry, because a whole minister was allegedly given E5 million.
“A minister cannot be suspected of this, and I am asking that an investigation be done,” he said at the time.
It was after this contribution that Mtetwa later told Parliament that he had been confronted by a minister along the corridors and allegedly asked to repeat what he had said in the House.
He said he had advised the minister to listen to the Hansard if there were concerns about what had been said during the debate.
Mtetwa said he did not believe his decision to withhold the minister’s identity meant that the allegations he had raised in Parliament could not be established.
He maintained that the parliamentary record would show exactly what he had said and that the minister could also access the same record.
Mtsetfwa said he would continue making submissions in Parliament without fear, maintaining that legislators should be able to raise issues of public interest without being intimidated because of their views.
