By Sizwe Dlamini
The Ombudsman of Financial Services (OFS) and the Eswatini Legal Aid (ELA) have signed a Memorandum of Understanding (MoU) aimed at enhancing collaboration and resource sharing between the two entities.
The signing of the MoU took place at the office of the OFS earlier today.
Established under Section 74 of the FSRA Act 2010, the OFS serves the critical function of resolving disputes related to non-bank financial services in a fair, accessible, and impartial manner.
On the other hand, the ELA was founded in 2023 to address the challenges faced by the less fortunate and marginalized individuals navigating the justice system. These challenges often stem from the complexity of legal proceedings and the financial constraints faced by many. Additionally, ELA aims to assist individuals who may lack awareness of how to access legal services or have limited proficiency in legal language.
The MoU seeks to facilitate better information exchange, training initiatives, referral of cases, and human capital development, as well as outline areas of cooperation on legal matters.
During the signing of the MoU, the OFS, Nondumiso Simelane, outlined the reasons behind the partnership.
“The purpose of our collaboration is to ensure that if there is a matter that we have that requires the expertise of the ELA Office, we can take that matter to them. We have come together to agree that should we need assistance or the people that we represent need assistance we can refer them to the ELA Office. This is particularly important if those matters would have been resolved through a determination issued by the OFS, and in the event the financial services provider is not executing that determination. This MoU seeks to ensure that those aggrieved can now knock at the Office of ELA and further pursue their rights.”
She continued. “We also created this MoU so that should a person walk into our Office requiring a service, but without the correct knowledge of what we offer, we can refer them to the Office of ELA, instead of turning them back.”
Simelane concluded by stating that the third reason for the MoU is the sharing of knowledge and skills between the two organizations.
Also speaking at the signing, the Director of ELA, Lungile Magagula, emphasized that the partnership marks a significant stride towards ensuring access to justice for all segments of society, particularly the most vulnerable.
“Since its inception in August 2023, the ELA Office has made commendable progress in operationalizing its core objective of providing legal assistance to indigent and marginalized individuals. Operating under the Ministry of Justice and Constitutional Affairs, the Legal Aid Office was established in accordance with the Legal Aid Policy of 2022 and aligns with Sustainable Development Goal number 16.
“Access to justice is integral to our nation’s development, and this partnership will significantly aid the ELA Office in identifying and addressing the needs of vulnerable populations. By adopting a human rights-based approach, the Office will ensure that the specific needs of the most vulnerable individuals are addressed. This collaboration presents an opportunity to better understand the unique vulnerabilities of our society in realizing the benefits of the justice system,” the Director noted.
“This monumental task cannot be undertaken alone, which is why we have convened today to witness the formation of a pact between the Ministry of Justice and Constitutional Affairs Legal Aid Office and the OFS Office. We are here to endorse the signing of the MoU before you. The significance of this MoU lies in its provision of the foundation and structure for all foreseeable endeavors related to legal aid services, information dissemination, training, human capital development, referrals, resource sharing, and cooperation on legal matters,” Magagula concluded.