Politicians say no to forfeiting gifts

SIBEBE – Members of Parliament (MPs), including Cabinet ministers, have expressed strong reservations about the proposed legislation that would require them to declare and forfeit gifts valued at E5 000 or more.

This transpired yesterday during the MPs’ retreat at Sibebe Resort, where the Eswatini Commission on Human Rights and Public Administration/Integrity presented the Leadership Code of Conduct Bill, 2025, which seeks to regulate the conduct of public officers, including parliamentarians.

The proposed legislation sets out restrictions on the acceptance of gifts, donations and hospitality by public officers, with the argument being that these could influence their official duties or decisions.

Under the Bill, gifts, donations or commissions received by public officers in their official capacity would not automatically become their personal property.

Instead, such items would be regarded as belonging to government or the organisation represented by the recipient, with the official required to declare them to the relevant institution.

The Bill specifically states that public officers should not directly or indirectly accept property, gifts or hospitality valued at E5 000 or above where these are likely to influence them to perform certain favours.

For MPs, it was explained during the retreat that gifts falling within the provisions would have to be declared and forfeited to Parliament.

However, the proposals did not appear to sit well with some legislators, who were heard grumbling as the presentation progressed. Some openly suggested that the Bill would never see the light of day.

The session also brought to the fore the cultural significance of gift-giving in Eswatini, with MPs arguing that receiving gifts, including livestock, was a longstanding practice in their communities.

It was explained that traditional leaders could receive gifts as part of Eswatini culture, while pastors could also be given gifts by members of their congregations.

Some MPs revealed that they had received goats and cattle on numerous occasions, with a few joking that the number of animals they had accumulated had forced them to build kraals. Before the MPs made their submissions, Speaker of the House of Assembly Jabulani Mabuza clarified that the Bill had been tabled in Parliament but had not yet been passed into law.

He said it was currently before the Ministry of Justice and Constitutional Affairs Portfolio Committee.

Mabuza explained that yesterday’s presentation had been arranged to give MPs an opportunity to familiarise themselves with the proposed legislation and gauge their views on its contents.

Minister for Education and Training, and Manzini South MP Owen Nxumalo, said the matter required proper consultations before the proposed restrictions could be implemented.

Minister for Tinkhundla Administration and Development and Nkwene MP Sikhumbuzo Dlamini also questioned the proposal, arguing that it had implications for the economy and needed serious consideration.

“These things we are talking about are serious; they touch on the economy. It appears that this Bill is not wanted. What are you doing to ensure that this legislation eventually becomes law?” he asked.

The minister said he regularly receives livestock from members of his community, making it difficult to determine when such gifts should be declared.

“I get goats and cows every time in my community. This past weekend, they gave me two, so when exactly should I declare, and how many times?” the minister asked.

His remarks reflected the concerns raised by other MPs, who argued that the proposed requirements could place an administrative burden on public officers who regularly receive gifts from constituents and community members.

The debate also shifted to the issue of lobbying after MPs questioned how the proposed restrictions on gifts and hospitality would apply to official parliamentary engagements involving ministers.

In particular, it was argued that ministers need to work well with MPs to motivate for the passing of Bills.

Deputy Speaker Madala Mhlanga said Parliament operated in different ways, with lobbying forming part of its activities. He questioned whether hospitality offered to MPs during official engagements for workshops to discuss Bills could also be classified as a gift under the proposed law.

“There is lobbying which is official. Lobbying varies. You can sleep in a hotel, they can fuel a car as you travel to a workshop. How will you address this one? Will it be regarded as a gift as well?” Mhlanga asked.

MPs also argued that the close family and social ties among citizens in Eswatini made the exchange of gifts a normal part of everyday life, raising questions about how the proposed law would distinguish customary giving from gifts intended to influence official decisions.

Responding to the concerns, the Human Rights Commission acknowledged the cultural context raised by legislators, particularly the fact that many citizens were related and that gift-giving was a common practice.

“On conflict of interest, we take the advice that our citizens are related, so perhaps we need to consider that,” the commission said.

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