STATEMENT BY THE RT HON PRIME MINISTER

DR B.S.S. DLAMINI

AT THE OFFICIAL OPENING OF THE ORIENTATION WORKSHOP FOR THE PORTFOLIO COMMITTEE

– POLICE SERVICE BILL AND PARLIAMENTARY SERVICE BILL

AT PIGGS PEAK HOTEL

TUESDAY 8 APRIL 2015

Honourable Chairperson and Members of the Portfolio

Committee for the Office of the Prime Minister

National Commissioner of Police and Delegation

Officials from the Office of the Attorney-General

Ladies and Gentlemen

Firstly, may I express my appreciation for being invited to open this important workshop of the Portfolio Committee of the Prime Minister’s Office. The Committee has gathered to discuss two Bills - the Police Service Bill and the Parliamentary Service Bill - before they are presented for debate by the House of Assembly. I am grateful to the Portfolio Committee for finding the time to carry out this valuable stage in the legislative process for the two Bills, and for continuing the good working relationship and spirit of common purpose that exists between the Committee and the Prime Minister’s Office.

For both the operations of the Royal Swaziland Police Service and the administrative function in Parliament, and their respective institutional structures, it is essential that they are guided and enabled by a comprehensive legislative framework to support an efficient delivery of their respective mandates.

For the Police, it is time to replace the existing Police Act, promulgated in 1957, and enable it to adopt best practices and standards obtaining elsewhere in the world. In fact, the existing re-structuring exercise within the Police organization, to enhance productivity and broaden the scope and improve its services, is very much consistent with the spirit of the Police Service Bill. I take this opportunity to thank His Majesty for his blessing and support for the exercise.

One of the main thrusts of the Police Bill is to provide for the establishment of a Police Service Commission. This is in line with our country’s supreme law, the Constitution, and the Commission will be an independent body with the responsibility for appointments, promotions, transfers, discipline and termination of services of members of the Police Service. The Bill is explicit in its description of these various responsibilities. The role of the Police Service Commission will serve to relieve the over-stretched Civil Service Commission which currently carries those responsibilities.

The Police Service Commission will effectively be in the nature of a Council and will be appointed by His Majesty. It will operate in collaboration with the National Commissioner and will, by necessity, need to delegate to that position some of its functions. Day to day operational activities of the Police will continue to be managed by the existing structures. There is a similarity between this Commission and other Commissions in the Civil Service but it has its own special requirements, justifying some delegation of powers to the National Commissioner.

As well as the institutional change that I have outlined, there are key provisions of the Police Service Bill relating to improvement in the welfare of the Police. One primary example is the introduction of insurance cover to provide compensation in the event of injury or death in the line of duty, as well as damage to the property of Police Officers that is caused by sabotage linked to the carrying out of Police responsibilities. The Fund, which is the financial vehicle for this compensation, has already been established in a manner consistent with the provisions of the Bill. The operational rules of this new scheme will soon be presented to the Portfolio Committee for debate and adoption by Parliament.

The Bill will also streamline and regularize the procedures and operations of the Royal Swaziland Police Service Staff Association, giving the required legal effect to this recognized collective bargaining mechanism. Further legal enabling is provided in respect of Police Service collaboration with other law enforcement agencies both domestically and internationally. The Bill also recognizes the periodic need for pronouncements from the highest authority, and gives legal effect to these.

It is now nearly two decades since we substituted the word “Service” for “Force” in the name of our Royal Swaziland Police. It has served to create a stronger aura of service orientation but in no way does it detract from the robustness of our Police and its determination to maintain law and order in the Kingdom. The inclusion of a service commitment has extended the role of the Police beyond crime prevention and detection to include the provision of counselling to victims and others experiencing trauma, as well as providing assistance to communities in respect of disputes and other disturbances. The Police Service Bill gives recognition to these changes while promoting the virtues of professionalism, civility and ethical conduct.

This a substantial piece of draft legislation that you have before you. I wish you well in your deliberations, at the same time as thanking the functionaries who have contributed to its compilation – the Police Service, the Office of the Attorney-General and, of course, my Cabinet. I also express our gratitude to the Prime Minister’s Portfolio Committee of the last Parliament which had discussed the Bill at the time but Parliament’s term finished before the Parliamentary process was completed.

The Parliamentary Service Bill has a similar history in terms of previous parliamentary discussions. In common with the fundamental objective of the Police Service Bill the Parliamentary Service Bill provides the legislative framework for an institutional enhancement and respective in-service provisions, set out in our Constitution.

It provides for the establishment of a Parliamentary Service which will be a separate branch of the Public Service and includes the staff of Parliament, though excluding presiding officers, senators and members of the House of Assembly. And, to oversee the operations of the administrative side of Parliament’s work, there is to be a Parliamentary Service Board. The draft Bill performs the important function of amplifying the brief provisions of the Constitution in respect of both the Parliamentary Service and its Board. It provides comprehensive details of the membership of the Board, its functions and procedures and at the same time defines the role of the Clerk to Parliament who is the chief administrator and controlling officer of the Parliamentary Service.

I am pleased to thank those who drew up this Bill – the administrative arm of Parliament and the Attorney-General’s Office.

I give my best wishes to the Portfolio Committee for collaborative and productive discussions of both Bills and look forward the Committee’s endorsement of each draft, with any amendments on which a consensus is reached.

Thank you.