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Mbabane – Who is corrupt and who is not?
This is a burning question because while the nation is pinning its hopes on the Anti-Corruption Commission (ACC) to win the war on corruption, allegations of corrupt practices have surfaced in the institution. In this case, an official from the entity wrote a letter documenting what he alleged were acts of corruption committed by his colleagues. The letter did not specify the nature of the alleged conduct, but this publication learnt that the officer accused his colleague of failing to investigate a businessman from whom he had previously received financial and other benefits. The name of the colleague who was reported cannot be revealed because he has not been convicted of any corruption.
corruption
In the letter, which is in possession of this publication, the official informed Acting Commissioner Maphevu Mkhatshwa that he wanted to formally report his colleague for allegedly accepting bribes. “As a citizen who has a constitutional obligation to report any form of corruption, I hope that your agency will investigate this allegation and I hope that the investigation will be conducted in a fair, impartial and non-biased manner as I trust that your agency will enforce the rule of law impartially,” the letter read. The officer also mentioned that he requested to be regularly updated on the case through postal address or phone. The letter was dated May 22, 2024 and was stamped with a gazette indicating that it had been received by the ACC official who was then the legal secretary. When the officer spoke to this publication, he confirmed that he had written the letter and was awaiting feedback from the Acting Commissioner.
exposed
This publication can reveal that despite the letter being written three months ago, the office of the Acting Commissioner is yet to act on the matter. The discovery was made in another letter to the acting commissioner, in which the official asked for an update. “As a citizen of Swaziland who has an obligation to report any form of corruption, I take the initiative to formally report the allegation of bribery against (name unknown) to your office as it is your office’s mandate to investigate allegations of this level without showing any favouritism, prejudice and fear. I also request that your office apply the fair rule of law in this matter,” the follow-up letter reads.
The official said he wanted to follow up on this and request an update on the steps taken to ensure that the allegations against his colleagues were thoroughly and faithfully investigated. “I request that your office respond within seven days of receiving this letter, and if I do not receive a response, I will assume that your office has declined to investigate (name unknown) and will escalate this matter further,” the letter read. When the publication spoke to the Acting Commissioner about the letter, he suggested seeking the entity’s spokesperson, Jabu Phakathi, for comment. Phakathi responded that the person who wrote the letter was an officer of the Anti-Corruption Commission and he was fully aware of the provisions of the Prevention of Corruption Act 2006.
Disclosure
“He was also aware that Section 18 prohibits disclosure of information about the subject of an investigation. Having said that, the Commission did receive a complaint from the officer who printed out a report published in the Swaziland News and submitted it as a complaint. There is no evidence to support the allegations. The Commissioner, acting under the powers conferred under Section 10(2), refused to conduct an investigation as the complaint was frivolous and unwarranted,” Phakathi said. The officer expressed disappointment when he learned of the response from the ACC spokesperson that the agency would not investigate the case due to lack of evidence, which confirmed his concerns that there was bias in the handling of the reported case.
He said the case he reported was no different from the others except that one of the officers involved was from the inside. “I referred to an article that was published in the media. We have had cases where cases have been opened based on articles published in the media. Furthermore, the legislation establishing the ACC clearly states that the commissioner must respond to me within a reasonable time. It would be a violation of justice if I was not given feedback,” he said.
examine
The Anti-Corruption Commission has a three-pronged preventive legal role, namely examining corrupt practices and procedures and making recommendations on ways to prevent corruption. It also has an educational role, enabling public and private institutions and the general public to understand the forms and dangers of corruption. In addition, the Anti-Corruption Commission has an investigative function, namely to receive and investigate complaints of alleged or suspected corrupt practices against any person and refer appropriate cases to the Office of the Attorney General (DPP). It is worth noting that the ACC has been considered ineffective for some time, with the public and politicians considering it powerless because it receives government funding but does not make as many arrests as expected, and some senior figures seem untouchable.
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