By Own Correspondent- Independent legislator for Norton, Temba Mliswa has accused parliament and the Social Welfare minister Sekai Nzenza of being equally guilty of failing to comply with the law regarding the presentation of the NSSA Audit report before the August House.

Mliswa said while this issue had been raised in parliament, the minister had deliberately failed to adhere and implement the dictates of the law by ensuring that the NSSA report is tabled before parliament within seven days.

Said Mliswa:

“….I rose on a point of privilege the last time, on Section 309 (3) on the Auditor General’s report to be tabled here.  In fact, the Audit Office Act actually compels the report to be submitted in this Parliament within seven days.  This is Section 12 (1) of the Audit Office Act. 

The NSSA Audit Report.  In fact, I do not know if I could read this, Mr. Speaker Sir, Section12 (1) Act of the Audit Office Act.  I think it is very important.

So it compels the Minister within seven working days of Parliament to table the report.  The report has not been tabled for four months.  Not only that, Section 12 (2) compels the Auditor General herself to present the report to you and that was not done.  

I know in your ruling you said that you gave her time but it is against these two and I do not know where Parliament Counsel was in picking this up because any report from the Auditor General’s Office, one is compelled within seven days of working.  

Not only that, Section 12 (2) talks about the Auditor-General presenting before you which has not been done.  So, in the absence of the Minister doing it, you equally have a copy and Parliament has a copy.  

So these four months which the report has not been tabled, certainly a lot happens and they are seen on the wrong side of the law in the Act. I am upset that the Attorney General who sits in Cabinet and advises Cabinet on legal issues does not pick this in Cabinet.  

The Leader of Government Business who is the Minister of Justice, Legal and Parliamentary Affairs does not equally pick this in Cabinet.  So, what information are they giving to the President?  So it means the President is being misinformed even on legal issues, which is quite alarming, quite dangerous.”

Nzenza recently came under fire from opposition MPs for taking the NSSA audit report to her lawyers before presenting it to Parliament as required by law.