By Zweli Martin Dlamini

MBABANE:The Eswatini Revenue Service(ERS) might soon face lawsuits worth millions after the alleged leaking of critical information for over five hundred(500) taxpayers, an independent investigation reveals.

It has been disclosed that,the information leaked through the revenue institution email systems after employees ‘mistakenly’ sent wrong letters of demand to various clients with one client receiving a letter that was intended to be sent to the other.

This then resulted to various clients being able to access information that was not meant to reach their attention while theirs, was also allegedly accessed by others with the possibility of being shared multiple times.

But apart from the possible lawsuits, the revenue authority under the Ministry of Finance, is alleged to be facing a possible fine that might be imposed by the Eswatini Communications Communication(ESCCOM) in terms of the Data Protection Act.

It has been disclosed that,the Communications Commission is vigorously conducting its own investigation to ascertain how the information leaked,the revenue authority is legally obligated to protect taxpayers’ information.

Reached for comments by this Swaziland News on Tuesday afternoon Prince Mvilawemphi,the Chief Executive Officer(CEO) of the Eswatini Communications Commission(ESCCOM) said he cannot confirm or deny that,the Commission was seized with the matter but clarified that, fines are normally imposed based on a proven case of negligence.

“Afternoon Dlamini.I cannot confirm nor deny the existence of a leak. We are bound by professional ethics not to divulge such confidential information.The guiding principle of imposing a fine is whether there was negligence and whether they had systems in place to protect the personal information, as well as the impact of the breach or leak”, said the Chief Executive Officer of the Eswatini Communications Commission.

But it is alleged that,the leaking is one of the biggest since the establishment of the revenue institution that “is known for upholding strict policies” with regards to protecting clients’ information.

Responding to this publication on the subject matter, Ntobeko Dlamini,the Eswatini Revenue Service Acting Director-Communications avoided questions when asked to confirm the leak but, she clarified that,the revenue institution remains committed in protecting clients information.

“The privacy and confidentiality of our client information is of utmost importance to us, and we take all matters related to data security very seriously.We remain committed to delivering secure, transparent, and client-centered services, and we are always available to assist clients in a confidential and supportive manner”, said the ERS Acting Director Communications.

One of the lawyers who work with the Eswatini Revenue Service told this publication that, the matter “hasn’t reached their attention” adding that,perhaps it was being handled at the administrative level.

“I am not aware of the matter as it hasn’t reached our attention. But if it was a mistake, it sounds like an issue that must be handled at public relations level not lawyers.Maybe, it might escalate if the clients whose information was mistakenly leaked decide to sue the institution in terms of the Data Protection Act.I hope the matter will be manageable and it must not reach that level”, said the lawyer whose name cannot be revealed for ethical reasons.

Reached for comments on Tuesday afternoon,lawyer Sibusiso Nhlabatsi said,the Eswatini Communications Commission could only be seized with the matter if the revenue authority “is accused” to have deliberately or intentionally leaked the clients’ information adding that, the the Eswatini Revenue Service cannot do that.

“While The Communication Commission has administrative powers to impose administrative fines in terms of section 43 of the Eswatini Communications Commission Act. I’m not sure if they can exercise such powers over SRA.This is because these two parastatals work on different expertise areas.Unless SRA would be accused of disclosing clients’ sensitive data or information which I doubt they would do.It can be a matter of waiting and see”, said the lawyer.