Africa-Press – Eswatini. Auditor General, Timothy Matsebula, is alleged to have leaked contents of the forensic audit report into the Central Medical Stores (CMS).
Matsebula, according to Swazi Pharm, is alleged to have visited the Swazi Pharm director at his residence, where he shared extracts of the report, including that it implicated the director in some form of wrong doing.
The company also states that it only became aware of the report during the visit by the auditor general, who is responsible for the forensic investigation.
The company stated that the nature and purpose of the AG’s visit would be subject of further action.
The company, through their attorneys, Robinson and Bertram, is demanding a copy of the report within 48hrs at the company’s own cost. The lawyers are representing Swazi Pharm Wholesale Limited and its Director Consular Kareem Ashraff and former director David Melvin.
Swazi Pharm further stated that in the event they did not receive confirmation of government’s compliance with this demand by noon tomorrow, they hold instructions to launch an urgent application to the High Court for an order compelling government to produce this report.
According to Swazi Pharm, this shall not be necessary as such application may have the unintended consequence of embarrassing government.
The report ‘Forensic Investigation Report into Allegations of Irregularities Related to Procurement, Acquisition and Distribution of Medicines to Public Health Facilities in Eswatini’ was purportedly carried out by Funduzi Forensic Services (Pty) Limited, according to the company.
Swazi Pharm has since reported this visit to the attorney general in a letter dated September 24.
The company disclosed that during the visit, the auditor general allegedly disclosed that the findings contained in the forensic report were supposedly based on information provided by certain individuals and were supported by some documentary evidence.
Swazi Pharm argued that purely on the doctrine of legality, it was impermissible for the investigators to place reliance on such information without having accorded them the right to be heard.
Swazi Pharm further argued that it was on the face of it apparent that the report was irrational and unreasonable.
The directors have since expressed their wish to exercise their constitutional rights to review the findings, comments and conclusions contained in the report within the courts so as to vindicate their good business name and personal reputations.
According to the document, Swazi Pharm is alleged to have tried a number of times to gain access to the forensic audit report subsequent to Matsebula’s alleged visit.
The reason for the director to seek the report, according to the company, it was to consider remedies because it allegedly makes certain adverse findings against the directors in circumstances where the investigators allegedly failed to adhere to the basic principle of audi alterem patem.
Disclosed
Swazi Pharm disclosed that it had been denied its constitutionally guaranteed procedural right to be heard before any adverse findings were issued against them.
The company further stated that it had gathered that government had begun to implement the findings.
“The failure to accord Swazi Pharm a hearing or at least an opportunity to respond to whatever allegations traversed, has caused immeasurable prejudice to Swazi Pharm and its directors,” the letter to the attorney general reads.
The company argued that had it been approached by the investigators, it would have co-operated in order to give explanations such as those pertaining to its business relationship with the ministry of health and the various business transactions that had been conducted with government.
“The situation is compounded in that two of Swazi Pharm’s directors and former director have been named in the various press reports as being persons who have a corrupt relationship with certain employees of the ministry of health.
Unfair
The directors are reputable hardworking businessmen, who have had their reputations eviscerated through the unwarranted, unfair and extremely negative media coverage,” reads part of the letter.
The office of the attorney general was informed that even more disconcerting was credible information reaching Swazi Pharm that certain senior officials within government have been responsible for the leak of extracts of the report to the media.
According to the company, the report and the subsequent comments by various government officials including the principal secretary in the ministry of health, and others, demonstrates unequivocally that the report at this stage has a direct and external legal consequence on them (Swazi Pharm).
The matter, according to Swazi Pharm, was at present receiving considerable public attention and there was a need for them to act with extreme urgency on the matter.
In an interview with the minister of health last week, the minister disclosed that on the issue of medical drugs shortage probe there was a report which had been prepared for cabinet subcommittee.
‘Nothing sinister with visit’
The Auditor General, Timothy Matsebula, says there was nothing sinister with his visit to the director in question.
Matsebula said the visit was no secret as he had received an invitation from the consular.
He wondered how he can leak his own report and said if he liked the report why would they want a copy of it.
He said at that time he was not aware that the consular was also a director of Swazi Pharm.
The auditor general said there was no hidden agenda as the visit was known by senior officers and he had a witness, who accompanied him.
Matsebula further refuted allegations that he disclosed extracts of the reports to the director as that was known about the investigations was information, which was published by the media.
He went on to state that the investigations have been carried out with honesty and integrity, adding that they opened an opportunity for everyone to give them information to assist with the investigations but some did not utilise the opportunity.
“I did pay a visit to the consular upon request. It was a formal visit and I had a witness, everything was done in transparency,” Matsebula stated.
“I have not discussed contents of any of my reports with anyone outside the jurisdiction and mandate of my work. The forensic report, by its nature can only be accessed by specific individuals within government and not accessible to the public,” he added.
He said they could try to twist the facts to try and make him appear as if he had done something bad when in actual fact there was nothing sinister.
On the issue of releasing the report to Swazi Pharm, Matsebula said that would not happen because the report was not meant for them.
He said the investigations and the report was to fix the public policy problem. He said the company may approach the court if they feel that they were entitled to it. “I also didn’t know that the consular was inviting me to a secret meeting. It’s only now that I learn through the letter by his lawyers that the meeting was intended to be secret. Again, at the time the consular invited me, the report had not been an issue.
It is, therefore, strange that I could have shared a ghost report assuming I had anything to share on that day,” he said.
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