Mbabane – Eswatini’s prime minister, Russell Mmiso Dlamini has regretted remarks made in parliament when questioned over the operations of the Anti-Corruption Commission (ACC) after Chief Justice (CJ) Bheki Maphalala’s press conference cautioning him and other politicians against judiciary meddling.
The prime minister’s office stated in a statement that it wanted to address the issue since it was in the public interest.
“The Prime Minister respectfully does not accept that such remarks amounted to interference; however, in the interest of preserving public confidence in the institutions of the state and maintaining the cordial constitutional relationship between the executive and the judiciary, the government considers it appropriate to place the matter in its proper context,” the statement said in part. 
In his press conference on Monday, the CJ said that politicians were partially to blame for the commission’s poor record in bringing charges against corrupt individuals.
Maphalala denounced Dlamini’s allegations that the courts were failing to pursue corruption cases by refusing to issue arrest warrants, saying that it was misleading to blame the judiciary for ACC failures when there was actually political meddling.
The CJ said the separation of powers between the administration and the judiciary must be maintained.
Coming to the judges’ defence, he stated that the ACC statute explicitly states that His Majesty King Mswati III appoints commissioners on the recommendation of the Judicial Service Commission (JSC), placing it in a structure accountable only to the King and not the executive, and that courts follow the constitution and other statutes rather than political expectations.
The PM, however, said in parliament his remarks neither questioned nor sought to influence the exercise of judicial discretion.
He also said he had noted that even if previous requests for arrest warrants were not approved in some cases, the ACC should not see that as a reason to stop its investigations. Instead, it should keep doing its job by submitting more requests when the evidence meets the legal requirements and the appropriate court agrees that the conditions for issuing warrants are fulfilled.
“The substance of the Prime Minister’s response was confined to the operational diligence expected of the Anti-Corruption Commission in the execution of its statutory mandate.
“They (remarks) did not purport to attribute responsibility to the judiciary for any investigative outcome, nor were they intended to direct, advise or influence any judicial officer in the discharge of judicial functions. Any interpretation to the contrary is regretted, as it does not reflect either the intention or the substance of the Prime Minister’s remarks,” he said, adding that the separation of powers, independence of the judiciary and the rule of law are constitutional doctrines which he observes.
Dlamini said the executive was behind the judicial authority and that it functions independently and free from improper influence.
“The Prime Minister further acknowledges the longstanding tradition of mutual respect and institutional cooperation that has characterised the relationship between the executive and the judiciary,” he said, adding that there are historical engagements of the two arms of government and that he is committed to preserving that tradition.
Dlamini said this, and ‘any misunderstanding may continue to be resolved through respectful dialogue conducted within the appropriate constitutional framework.’
