PUDEMO president instructs lawyers, challenges PM’s appointment
MBABANE – Mlungisi Makhanya, the President of PUDEMO, has shown intent to use the court to chall enge Cleopas Sipho Dlamini’s appointment as prime minister.
He has instructed T. R. Maseko’s Attorneys to write a letter to Paul Dlamini, the Chairman of Liqoqo, to demand proof that His Majesty the King appointed Dlamini in terms of Section 67 ( 1) of the Constitution of the Kingdom of Swaziland, now known as Eswatini.
Reads the section: “the King shall appoint the prime minister from among members of the House acting on the recommendation of the King’s Advisory Council.”
“With Section 67 ( 1) of the Constitution in mind, it is our considered view that the need for your recommendation to the King on the appointment of the prime minister is constitutionally peremptory,” reads the letter signed by Thulani Maseko, the proprietor of the law firm.
Peremptory means expecting to be obeyed immediately without any question.
Through his lawyers, Makhanya then requested the Liqoqo chairman to furnish him with the following –
All and any notices calling for
lthe meeting of the advisory council to consider and recommend the appointment of the prime minister;
Register of all members of the advisory council who attended the meeting;
All and any agenda record of the meeting referred to paragraph 3.1.
All and any record, in any event, full and complete record of the recommendations given by the advisory council to His Majesty King Mswati III on the appointment of the prime minister;
Minutes of the meeting recommending the appointment of the prime minister;
Maseko mentioned in his letter dated July 27, 2021 that they had been instructed to inform Liqoqo that, should they not receive the requested information by close of business on July 30, 2021, they would interpret such as refusal to furnish them with same.
llllINSTRUCTED
In that event, he said they were further instructed to approach a competent forum for appropriate relief, including compelling the Liqoqo chairperson to furnish them with the requested information.
“The costs occasioned thereby shall be for your account on attorney and own client scale,” Maseko said on behalf of Makhanya.
“We trust that you will act in a manner as to make litigation both unnecessary and undesirable.”
CUSTOMARY LAW
In response, Sifiso Khumalo, the Attorney General, said the King’s Advisory Council ( Liqoqo) as referred to in sections 13, 67 and 231 of the Constitution, is one of the various emabandla ( councils) falling under the customary law of Eswatini.
He said it advises the King/ Ingwenyama in confidence in terms of Section 231 ( 3) of the Constitution, which reads: “Liqoqo traditionally advises iNgwenyama on disputes in connection with the selection of tikhulu ( chiefs) boundaries of chiefdoms and any other matter iNgwenyama may assign for their advice in confidence.”
He said Liqoqo has no legal obligation to keep any record of proceedings or to furnish such record to anyone.
“Its obligation is to the King/ Ngwenyama alone,” advised the attorney general.
Consequently, Khumalo said there was no record to be furnished to Makhanya on the proceedings of Liqoqo in exercise of its functions, including its role in the appointment of the prime minister of the Kingdom of Eswatini.
INTENDED LITIGATION
He mentioned that any intended litigation by Makhanya shall be forcefully defended.
On the basis of what he described as an attitude, which smacks of busybody tendencies, he said an order for costs at a punitive scale shall be sought should he continue to be litigious.
Khumalo declined to comment on the matter when he was contacted on Friday.
In a brief interview yesterday, Maseko said he had not yet consulted his client on what he could do next.