Mbabane- Parliament has blamed outdated legislation for creating the legal uncertainty that contributed to the governance crisis at the Eswatini National Provident Fund (ENPF), warning that the law no longer reflects the current structure of government.
In its report tabled before Parliament, the House of Assembly Select Committee found that several provisions of the ENPF Order have become obsolete following changes to government ministries, leaving uncertainty over who is legally entitled to nominate certain Board members.
The committee noted that the legislation still refers to the former Ministry of Local Administration, a ministry that no longer exists following government restructuring.
According to the report, this created conflicting interpretations within government itself over whether the Ministry of Home Affairs or the Ministry of Housing and Urban Development should assume the responsibilities previously assigned to Local Administration.
The committee heard that the legal uncertainty became one of the central issues underpinning the dispute over the composition of the ENPF Board.
It further found that several governance practices that had evolved over the years, including the rotational appointment of the Board chairperson, were never incorporated into legislation, leaving room for conflicting interpretations whenever appointments were made.
The report says these legislative gaps exposed weaknesses in the governance framework of one of the country’s largest public institutions and contributed significantly to the prolonged impasse that left the Board unable to discharge its statutory responsibilities.
The committee has recommended that government urgently amend the ENPF Order to align it with the current structure of government and clearly define the procedures governing Board appointments.
It says failure to modernise the law risks exposing the Fund to similar governance disputes in future.
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