Mbabane – Chief Justice Bheki Maphalala has warned Prime Minister Russell Dlamini to stop interfering with the work of Anti – Corruption Commission (ACC). The fuming Chief Justice said this after the Prime Minister responded to questions asked by members of Parliament on the role the government is playing to deal with corruption. The CJ further said the anti corruption task tream appointed by the Prime Minister was unconstitutional.
In response to the Chief Justice, Government has dismissed suggestions that Prime Minister Russell Dlamini interfered with the Judiciary through remarks made in Parliament, saying his comments were directed at the Anti-Corruption Commission (ACC) and were made as part of his constitutional duty to answer questions from Members of Parliament.
In a statement issued yesterday, the Government said the Prime Minister did not accept that his remarks amounted to interference with the Judiciary, although it considered it necessary to clarify the matter following the Chief Justice’s interpretation of the comments.
According to the Government, the Prime Minister’s response in Parliament focused on the need for the ACC to continue carrying out its investigations even where previous applications for warrants of arrest had not been granted.
It said the Prime Minister’s position was that the Commission should not abandon investigations simply because earlier warrant applications had been unsuccessful. Instead, it should continue presenting fresh applications where available evidence met the legal requirements and where a judicial officer was satisfied that the threshold for issuing a warrant had been met.
Government said the remarks were not intended to question judicial decisions or influence the exercise of judicial discretion. It added that the comments neither blamed the Judiciary for the outcome of investigations nor sought to direct or advise judicial officers in carrying out their constitutional responsibilities.
It said any interpretation suggesting otherwise was regrettable because it did not reflect either the intention or substance of the Prime Minister’s remarks.
Government also said it remained committed to the constitutional principle of the separation of powers and the independence of the Judiciary, describing judicial independence as one of the foundations of constitutional governance and the rule of law.
It stated that the Executive recognised that judicial authority must be exercised independently and without improper influence and would continue to respect that principle.
The statement further noted that the Executive and Judiciary had, over the years, maintained a relationship built on mutual respect and institutional cooperation. It said concerns affecting the interaction between the two arms of Government had traditionally been dealt with through private and constructive engagement, adding that the Prime Minister remained committed to that approach and believed any misunderstanding could be resolved through respectful dialogue within the constitutional framework.
Government also said it remained committed to fighting corruption in line with the mandate entrusted to it by His Majesty King Mswati III and the resolutions of Sibaya. It said the Executive’s commitment to tackling corruption should not be interpreted as interference with the constitutional responsibilities of other institutions.
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