MBABANE:Prime Minister(PM) Russell Mmiso Dlamini allegedly stopped the Anti-Corruption Commission(ACC) from arresting Bertram Steward, the Principal Secretary(PS) in his office.
It has been disclosed that,Steward through a company with links to him, stands accused of looting about R20million COVID-19 donated funds while serving as the then Principal Secretary(PS) in the Ministry of Education and Training.
It is alleged that,the ACC investigated the PS for the disappearance of over R20million donated and public monies meant to assist schools during the COVID-19 pandemic, at the time the Prime Minister(PM) was the Chief Executive Officer(CEO) at the National Disaster Management Agency(NDMA) where as per the report of the Auditor General(AG) Timothy Matsebula, about R180million went missing.
After conducting the investigations, the ACC and the Office of the Director of Public Prosecutions(DPP) allegedly approached the ChiefJustice(CJ) Bheki Maphalala who approved the arrest but the PM allegedly blocked it and protected Steward saying the PS is about to retire hence the arrest might affect him.
Insiders close to the matter told this publication that, the King’s name was also used to block the arrest as the PM allegedly cited that, Steward was appointed by the King and therefore, the King’s approval must be sought before the arrest.
Responding to this Swaziland News on Thursday afternoon, King’s Spokesperson Percy Simelane distanced the King from the matter adding that,the Monarch does not approve and disapprove arrests or interfere with the work of the law enforcement agencies.
“We have no record of the King approving or disapproving an arrest of a suspect.We therefore have no baseline for believing he interferes with the operation of Law Enforcement Agencies”, said the King’s Spokesperson.
A prosecutor within the Office of the Director of Public Prosecutions(DPP) advised this journalist to contact the ACC as the matter was handled by investigators in that law enforcement institution.
The Anti Corruption Commission(ACC) was established in terms of the Anti Corruption Act of 2006.
“I am aware of an investigation against the PS and wasn’t aware that the matter has reached that stage of an arrest.But you have sources within the Anti-Corruption Commission,they can assist you with the file. You must protect them ngoba phela sibone sebasikhiphela ema-memo lana batsi singakhulumi nawe”,said the State Prosecutor whose name cannot be revealed for ethical reasons.
An investigator of the Anti-Corruption Commission(ACC) confirmed knowledge of the investigation adding that, it was long concluded.
“Yes,there was(an investigation)and it was concluded. Once we conclude the investigation, we take the file to DPP who evaluate the evidence and then approaches the High court for a warrant”,said the ACC investigator.
Efforts to reach Jabu Phakathi proved unsuccessful at the time of compiling this report.
Retiring Government Spokesperson Alpheous Nxumalo and Prime Minister Russell Dlamini had not responded at the time of compiling this report.
But the information about the Prime Minister’s interference into operations of the law enforcement agencies, was leaked to this publication during a recent meeting of State Prosecutors within the DPP’s Office.
The Prosecutors were discussing among themselves and complaining that the PM “has blocked” the arrest of the PS.
“It seems we are going back to the Barnabas era where only those who are enemies of the Prime Minister will be arrested”, said one of the frustrated Prosecutors during the meeting.
A questionnaire was sent Bertram Steward, the Principal Secretary(PS) in the Prime Minister’s Office, however,he had not responded at the time of compiling this report.
Reached for comments on Thursday, human rights lawyer Sibusiso Nhlabatsi said, the Prime Minister(PM) “is defying the King who commanded him to fight corruption” by stopping the arrest of the PS.
“Then you ask yourself; if he is defying his boss being the King who commanded him to fight corruption, what does this mean?. Secondly, Prime Minister, despite being the Minister of Police,does not have powers in law, to stop any arrest once there is a prima facie case against any individual, he has no power to stop that arrest.What he is doing now is undermining the rule of law and the administration of justice in the country while putting the whole administration of justice into disrepute. But again, by frustrating the law enforcement agencies, this might mean he is demonstrating that,he is part of the corruption.Lastly, maybe we can ask ourselves what is preventing the police from effecting the arrest because if there’s a prima facie case, they have a right in terms of Section 189 of the Constitution to effect the arrest, the police can just defy the PM’s order and effect the arrest”, said the human rights lawyer.
PS Bertram Steward.