BY MBONO MDLULI
LOBAMBA – Attorney General (AG) Chief Sifiso Mashampu Khumalo has called for mutual respect among the three arms of government — the Legislature, Executive, and Judiciary — emphasising the importance of upholding the principle of separation of powers.
Speaking in the House of Assembly on Friday, 17 October 2025, Khumalo underscored that each arm of government must respect the roles and boundaries of the others to ensure effective governance.
“They should, in turn, respect one another. There is also nothing wrong for those administering the arms to seek to collaborate with one another. However, they should do so without seeking to influence one another,” Khumalo advised.
The Attorney General further reaffirmed that Members of Parliament (MPs) have the constitutional right to debate freely in Parliament without fear of external interference.
Khumalo made the remarks in the House of Assembly while providing legal clarity on the scope of parliamentary privilege, following recent tensions between the Judicial Service Commission (JSC) and Hhukwini MP Alec Lushaba.
The AG’s advice came after the JSC issued a public warning to Lushaba, cautioning him to desist from making remarks deemed insulting towards its members, or risk facing contempt proceedings.
In his statement, Khumalo emphasised that MPs’ comments made during parliamentary debates fall within the protected context of parliamentary language and are therefore shielded by privilege.
“Honourable Members have the right to speak freely in the House,” Khumalo said. “It is the duty of Parliament to exercise oversight and demand accountability from the Executive.”
He explained that such exchanges, even when robust or critical, form a legitimate part of parliamentary work and must not be misinterpreted as acts of disrespect or personal attack outside the legislative process.
Parliament’s Oversight Role
Khumalo further clarified that in the specific matter involving MP Lushaba, the Legislature was carrying out its constitutional function of seeking accountability from the Minister of Justice and Constitutional Affairs, who is part of the Executive arm of government.
“In this instance, the Legislature was fulfilling its duty to demand explanations from the responsible Minister,” the AG said. “What took place was a routine exercise of Parliament’s oversight responsibility.”
The Attorney General’s intervention has been widely viewed as an effort to reinforce the separation of powers and the independence of Parliament. His remarks serve as a reminder that MPs, in the course of their legislative duties, must be able to engage in open debate without undue restraint — provided they do so within the confines of parliamentary procedure and decorum.
Observers note that this clarification could ease recent tensions between Parliament and the Judiciary, while reasserting the constitutional principle that Parliament must remain a space for free and honest debate on matters of national concern.
The AG made these remarks while offering guidance on the issue of separation of powers, following a question raised by MP Lushaba. Lushaba had asked whether it was procedural for organisations outside Parliament to respond publicly to matters raised within the Legislature.
He explained that he had directed questions about the Judiciary to the Minister of Justice and Constitutional Affairs, Prince Simelane. However, before receiving a formal response, the Judiciary had taken to the media to address his submissions directly, warning him to stop criticising it unfairly in Parliament or risk contempt of court proceedings.
In response, Lobamba MP Micheal Masilela, who chairs the House of Assembly Portfolio Committee on the Ministry of Justice and Constitutional Affairs, stated that such a move was unprocedural and undermined the freedom of MPs to debate within the House.
At the time, Masilela was presenting a report of the 2025/26 Second Quarter Performance Debate for the Ministry of Justice and Constitutional Affairs. Masilela intended for the report to be adopted by his fellow MPs in the House. Although MPs had no objection to adopting the report, they expressed a desire to include certain amendments and highlight concerns before its approval.
Mbabane East MP Welcome Dlamini proposed that the Ministry urgently engage the Ministry of Public Works and Transport on issues surrounding the salaries, allowances, and provision of vehicles for judicial officers, including the Chief Justice. He also called for the review of outdated laws governing the Master of the High Court, arguing that they hinder smooth operations.
Understanding the Separation of Powers
The doctrine of the separation of powers divides government responsibilities among three branches — legislative, executive, and judicial — to prevent the concentration of authority and to ensure a system of checks and balances.
- Legislative: Makes laws — for example, a Parliament or Congress.
- Executive: Implements laws — includes the Prime Minister or President and Cabinet, which use different Ministries and Departments to implement these laws.
- Judicial: Interprets laws — includes the courts and judges.
Purpose of the Separation of Powers
- Prevents concentration of power: Ensures no single body holds absolute control.
- Establishes checks and balances: Each branch can limit the power of the others.
- Protects individual rights: Promotes the rule of law and prevents abuse of authority.
- Fosters good governance: Encourages accountability and cooperation among branches.
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Courtesy Pic)
