- AG Affirms Constitutional Compliance in MoU Review
- Clarity Emerges Amid Miscommunication Concerns
BY MBONGENI NDLELA
MBABANE – Attorney General Sifiso Mashampu Khumalo has firmly addressed growing public and parliamentary concerns surrounding the Government’s Memorandum of Understanding (MoU) with Google, clarifying that the agreement was properly vetted, constitutionally aligned, and duly approved by Cabinet.
Speaking before the House of Senate during the presentation of the Prime Minister’s Office quarterly performance report, Khumalo delivered a detailed and measured response aimed at dispelling confusion and restoring clarity on the matter.
At the centre of the controversy has been uncertainty over the authenticity, status, and approval process of the Google MoU. However, the Attorney General emphasized that his office fully executed its constitutional mandate in reviewing the agreement.
He explained that under Section 77(7) of the Constitution, his office is empowered to scrutinize such agreements. In this case, the MoU was received, carefully examined, and subsequently cleared for Cabinet consideration.
Khumalo further clarified a key legal point that appears to have contributed to public misunderstanding: a Memorandum of Understanding is not legally binding. Instead, it reflects an intention between parties to potentially enter into a formal agreement in the future.
“MoUs are non-binding instruments. They simply signify the intention of parties and do not create enforceable obligations,” he told Senators, underscoring the preliminary nature of such agreements.
Addressing speculation about the existence of the document, the Attorney General was unequivocal. He confirmed that the MoU does indeed exist and that he personally signed off on it as part of the vetting process before it was submitted to Cabinet.
“I would be misleading the House if I said it does not exist. We saw it, vetted it, and cleared it for Cabinet attention,” he stated.
Khumalo also highlighted that the agreement was deliberated upon and endorsed at Cabinet level, chaired by the Prime Minister, in line with the Government Policy on Agreements of 2018. This policy requires collective Cabinet approval even after the Attorney General’s review.
He suggested that the controversy may have stemmed from miscommunication, noting discrepancies between written parliamentary responses and oral statements, which may have led to confusion among legislators and the public.
Importantly, the Attorney General maintained that the official record remains accurate: the MoU was properly processed, vetted, and approved through established government procedures.
The clarification is expected to bring renewed confidence in the governance and oversight mechanisms guiding Eswatini’s international engagements, particularly in the rapidly evolving digital and technological space.
As the country continues to pursue strategic partnerships aimed at advancing digital transformation, Khumalo’s remarks reinforce the importance of transparency, constitutional compliance, and institutional coordination in safeguarding national interests while embracing innovation.
