Africa-Press – Eswatini. At last! After a long, corruption-riddled eight-year wait, there is some movement in the direction of one of the major stumbling blocks to dealing with corruption.
The wheels of justice move slowly in this country, but an appeal filed by the Anti-Corruption Commission (ACC) against a decision that effectively shut down its operations back in 2015 had hardly moved at all until now. The case has since been given a hearing date on February 6, 2024, where a full bench will sit to determine its appeal. Just to bring some of you up to speed, about eight years ago the Chief Justice (CJ), Bheki Maphalala, opined that some portions of the Prevention of Corruption Act, 2006 that govern the operations of the ACC, particularly Section 12, were unconstitutional.
Arrest
This was during a case in which the CJ denied the ACC’s request to arrest former Commerce, Industry and Trade Minister Gideon Dlamini, as well as Nigerian businessman Fred Ngeri and his wife Sindile, for corruption-related offences. It is in this judgement that the CJ issued the opinion regarding the unconstitutionality of the Act that governs the work of the ACC. Such an opinion in legal terms is referred to as an obiter dictum, which is a statement that is not binding but persuasive.
The Supreme Court ordered the case back to the High Court for consideration by a full bench after the ACC filed an appeal. This never happened until now. According to the latest developments, Judge Mumcy Dlamini will sit alongside Judge Nkosinathi Maseko and Judge Justice Mavuso on the full bench to hear the matter. Another obstacle impeding the ACC’s ability to carry out its duties efficiently was the absence of a commissioner, or an interim commissioner, to monitor its operations.
The five-year contract for ACC Commissioner Daniel Dlamini elapsed on October 16, 2023. The significance of the position is that Section 11 of the Prevention of Corruption Act of 2006 states that it is the commissioner that may authorise any official of the commission to initiate an inquiry or investigation into alleged or suspected violations of this Act in writing. The contract expired at a time when the ACC was being asked to probe bribery claims concerning, among other things, the recent Senate elections.
Hope
Maphevu Mkhatshwa has since been reappointed as the commission’s Deputy Commissioner in the Operations Department, while Lillian Zwane continues to serve as the commission’s Deputy Commissioner. We do hope that by the time the ACC appeal is concluded, it will have a commissioner.
The outcome of this hearing will be critical to the ACC’s resurrection, assuming it wins its appeal. For now, just the mere fact that it has a hearing date is as good as a victory.
We don’t know if the ‘sudden’ attention given to this case has anything to do with the arrival of the new Justice Minister, Prince Simelane, who vowed to respond to the nation’s calls for immediate action against corruption, which were made during the People’s Parliament at Sibaya. Serious concerns were raised about this court case that left the ACC ineffective and relegated to the status of a toothless institution. As reported by this publication, more than 25 speakers spoke on corruption and its impacts throughout the first three days of submissions and panellist presentations, while about 12 questions from the floor sought answers from the panellists, some of whom commented on practical ways to combat the scourge of corruption.
The ACC’s upcoming court date is more than just a procedural step in the legal process. A successful verdict might revitalise the ACC, allowing it to begin its crucial task of prosecuting corrupt individuals and restoring faith in the country’s rule of law. Recently, Members of Parliament (MPs) were informed by the ACC that it had investigated about 40 cases of corruption and 33 of these cases were pending in court when their work was ground to a halt.
Destruction
This is in a country that reportedly loses no less than E100 million a month to corruption. The destruction caused by the delay of this case and non-functionality of the ACC has seen the country drop significantly on the Transparency Internationals Corruption Perception Index (CPI) from a ranking of 85th in 2017 to 130 in 2023 among 180 countries. This is damning! We must reestablish accountability and restore the country’s credibility in the global arena in order to entice genuine investors with quality jobs to provide for the vast number of unemployed graduates roaming the streets.
A bad outcome in the ACC appeal might preserve the status quo, with disastrous consequences.
We do hope that the ACC case will not be the only matter that has gathered dust at the High Court to get off the ground. There are dozens of old cases, many of which have serious repercussions on the populace, particularly those involving businesses, whose impact is being felt by many emaSwati who are now sitting at home without jobs. For the Law Society, it is not just these cases it wants done. It has placed the impeachment of the CJ among the priority issues it wants the new Justice minister to expedite if the Judiciary is to restore its credibility. Hopefully, the wheels of justice will move towards the CJ’s office in the next eight days, not months or even eight years, God forbid.
Source: TIMES
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