By Zweli Martin Dlamini

MBABANE:Maphevu Mkhatjwa,the Acting Commissioner of the Anti Corruption Commission(ACC) has written a letter to the Managing Director of the Eswatini Financial Intelligence Unit(EFIU) requesting financial transactions for Chief Justice Bheki Maphalala amid a power struggle with Prime Minister Russell Mmiso Dlamini and the ACC Acting Commissioner.

It has been disclosed that, the plot to investigate and subsequently arrest the CJ was orchestrated by the ACC Acting Commissioner, the Chief Justice who doubles as Chairman of the Judicial Service Commission(JSC) is alleged to be refusing to endorse the appointment of Mkhatjwa as ACC Commissioner and as a result, Mkhatjwa is alleged to have asked the PM to assist him remove the Chief Justice.

“The Anti Corruption Commission(ACC) is seized with investigation referenced as Enquiry file number 09/2024. The basis of the investigation relates to allegations of corruption that the above mentioned individual is suspected to be receiving bribes from members of the public seeking jobs in the judiciary and/or from those who had applied for judicial appointments. Therefore, in an effort to pursue the investigation we hereby request for your cooperation by providing us with his financial profile, assets profile and any information that you deem necessary to bring to our attention. We will further request your institution to provide us with analysis on the flow of funds in respect of entities and/or parties that are and may be connected with this investigation. The processing of this matter should be treated with confidentiality as outlined in section 18 of the POCA”, reads the letter in part allegedly signed by the ACC Acting Commissioner.

The documents further suggest that, the Chief Justice was investigated by Chief Investigator Sipho Mthethwa and Assistant Superintendent Clement Sifiso Khumalo who is currently working for the ACC on secondment.

But a source within the State Intelligence Unit told this Swaziland News on Thursday that, the power struggle erupted after the Chief Justice made moves to recommend the appointment of Deputy Commissioner Lillian Zwane as the new Commissioner of the ACC yet Maphevu Mkhatjwa, a police officer, is also eyeing the position.

The Prevention of Corruption Act states clearly that, a person may be appointed as ACC Commissioner if that person qualifies to be a Judge of the High Court.

It has been disclosed that, the ACC was investigating Prime Minister Russell Mmiso Dlamini on allegations of corruption and/or looting of public funds within the Disaster Management Agency(NDMA), he was the Chief Executive Officer(CEO) when over R200million public and donated funds allegedly disappeared within the State entity.

But shortly after being appointed as the Prime Minister, Russell Mmiso Dlamini allegedly summoned and captured the ACC, he subsequently announced the establishment of a Task Team that will report to him.

But later on and/or shortly after capturing the ACC, it is alleged that, the Prime Minister’s alleged corruption file later ‘disappeared’ and the investigation that was allegedly conducted by ACC Investigator Mcebo Mkhweli was immediately halted or stopped. 

“The ACC that was investigating the Prime Minister is now his political tool to fight his enemies. So what actually happened here; the Prime Minister captured the Anti Corruption Commission and subsequently gave the investigators including the Acting Commissioner a list of his political enemies to be investigated and arrested.Wase-ke Mkhatjwa sotfola litfuba lekutsi naye acele inhloko ya-Chief Justice kutsi nakamphenya ngalana, Prime Minister must then convince the King to remove him. But you must understand that, it’s not like the PM had issues with the CJ, they are both Kareem Ashraff’s ‘boys’ and in the same syndicate. It’s just that, Maphevu Mkhatjwa knows that he cannot be appointed because he doesn’t qualify and the CJ doesn’t want him. So for him to get that position ‘permanently’, he must first remove the Chief Justice. But to achieve this, he needs the support of the PM and in return, he will fight the Prime Minister’s enemies and give him immunity as his corruption file has been halted”, said an insider with the State Intelligence Unit.

The State Intelligence source who leaked other documents to this publication regarding this matter, is also aware of the secret meetings between the PM and ACC investigators including Acting Commissioner Maphevu Mkhatjwa.

Both Acting Government Spokesperson Thabile Mdluli and ACC Spokesperson Jabu Phakathi denied to comment.

But when asked by this publication earlier, Prime Minister Russell Mmiso Dlamini previously denied controlling the ACC and using the State institution to fight his political enemies.

This comes after this publication questioned the Prime Minister on allegations suggesting that, he was using State funds to capture the ACC investigators by providing questionable allowances. 

“The officers of the ACC are salaried and duly vetted to be part of the ACC who work without any direction or control of anyone”, said the Prime Minister through Acting Government Spokesperson Thabile Mdluli.

Efforts to seek a comment from Chief Justice Bheki Maphalala proved unsuccessful at the time of compiling this report.

Reached for comments by this Swaziland News on Friday morning,human rights lawyer Sibusiso Nhlabatsi said, it’s very unfortunate to learn that, the Anti Corruption Commission “is ganging-up with a member of the Executive Arm of Government to deal with a member of the Judiciary” instead of investigating allegations of corruption independently.

“It seems the entire Anti Corruption Commission needs a complete overhaul because it’s reputation is now highly questionable.You will recall that the ACC was previously a political tool for the then Prime Minister Barnabas Dlamini, he was using it to fight his political enemies and seemingly, they haven’t transformed to be independent. If there are issues with the Chief Justice that need investigation, they must investigate independently and, they must also do the same with members of the Executive”, said the human rights lawyer.

The lawyer then wondered how will ACC Acting Commissioner Maphevu Mkhatjwa then secure the job as Anti Corruption Commissioner after removing the Chief Justice if he doesn’t qualify in terms of the law.