MBABANE:The Anti Corruption Commission(ACC) is allegedly divided amid reports suggesting that, some high profile people within Government might be arrested on allegations of corruption.
In fact after this Swaziland News published a story exposing some politically motivated orchestrated looming arrests, a series of meetings were held within the corridors of power, resulting to some ACC investigators questioning the motive behind some of the investigations.
This comes after Prime Minister Russell Mmiso Dlamini allegedly held a secret meeting with senior investigator Sipho Mthethwa and Acting Commissioner Maphevu Mkhatjwa and instructed them to investigate Finance Minister Neal Rijikernberg and Commerce Minister Mancoba Khumalo after an alleged disagreement during a recent Cabinet meeting.
Prime Minister Russell Mmiso Dlamini is allegedly using the ACC to influence some investigations so that he can reshuffle or fire some Ministers on allegations of corruption, some of the targeted Cabinet Ministers are allegedly opposing him on administrative issues.
It has been reported that,Chief Justice Bheki Maphalala, Civil Service Commission(CSC) Chairman Simanga Mamba, Attorney General Sifiso Khumalo, SwaziPharm Director Kareem Ashraff, Principal Secretary(PS) in the Prime Minister’s Office Bertram Steward, former Justice Minister Ndumiso Mamba, Zimbabwean businessman and Escponent Director George Manyere are among high profile individuals allegedly investigated by the Anti Corruption Commission as per information leaked to this Swaziland News by investigators of the ACC.
But some of the ACC investigators who spoke to this Swaziland News said, the alleged corruption cases have divided the law enforcement institutions with others demanding to know the motive behind the investigations commissioned specifically, by the Prime Minister.
“The ACC is now divided after your story exposing cases under investigation, some feel arresting those who earlier disagreed with the PM on administrative issues, might undermine the independence of the institution as people will start perceiving the ACC as the Prime Minister’s tool to fight his enemies.Tension escalated after it was discovered that some investigators were secretly investigating Ministers Mancoba Khumalo and Neal Rijikernberg. We couldn’t understand why because all investigations must be commissioned through the relevant Office. Now the Prime Minister is using some investigators, kulokunye atsi abaphenywe nje labo Minister ufuna kwati kutsi abagangi yini atotfola langakusebentisa if a need arise”, said one of the investigators.
Both Government Spokesperson Alpheous Nxumalo and ACC Communications Director Jabu Phakathi declined to comment about the matter.
Reached for comments on Friday, lawyer Sibusiso Nhlabatsi said, the Anti Corruption Commission must arrest all individuals suspected of engaging in corrupt activities but, he warned that the law enforcement institution must remain independent and without political influence.
“It’s within the mandate of the ACC to arrest individuals suspected of engaging in corruption but, the law enforcement institution must remain independent and fulfill its mandate outside political influence”, said the lawyer.
When asked by this Swaziland News to share some legal advice on whether the Prime Minister “has legal powers to appoint and control an Anti Corruption Task Team, a Judge of the High Court said the PM does not have such powers.
“Responsibilities assigned by law particularly by the Constitution which is the supreme law of the Land any action be it exercutive, legislative or judicial must be located in law.The constitution assigned the Human Rights and Integrity Commission corruption issues as one of its responsibilities.Therefore, any act particularly executive action touching upon corruption responsibilities ought to be located in the Constitution,” said the Judge in a message sent to this journalist on Sunday evening, the name of the Judge cannot be revealed for ethical reasons.
But King Mswati fully supports the looming high profile arrests by the Anti Corruption Commission(ACC), his Spokesperson Percy Simelane told this Swaziland News on Saturday morning.
Reacting to an article published by this independent publication on Friday, the King’s Spokesperson said the Monarch long pronounced his stand on corruption adding that, Government was mandated to fight corruption.
Simelane was specifically clarifying a question from this publication on whether law enforcement agencies including the Anti Corruption Commission, are expected to seek permission from King Mswati before arresting individuals who were appointed by the Monarch into powerful or influential positions.
“We are not aware of any YES or NO by the King when a suspect is about to be arrested for being on the wrong side of the law.We are aware however of self-editing among the Swati people where a person could feel the King should be made aware that his appointee is about to be locked-up.We do not have any record of this.Our experience is that it ends up being a desired move that hardly sees daylight.For corruption the King pronounced himself through last year's Speech from the Throne that he wants convictions and not just arrests,”said the King’s Spokesperson.
The ACC Offices-Mbandzeni House.