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TWO WRONGS NOT RIGHT

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IF the late Dr Gideon Mahlalela were still alive today, one has no doubt about whether or not he would support a probe into the operations of the Anti Corruption Commission (ACC). He certainly wanted the operations of the body put in check. Not out of spite for what he suffered in the hands of the ACC, but rather for purposes of weeding out elements that were seemingly hell bent on undermining its independence.


He saw the ACC as an essential unit to guarantee good governance and boost investor confidence – particularly for a country famous for making it official policy for investors to provide kickbacks for doing business here. Many share this view and although Swaziland has reportedly improved in the corruption perception index, albeit slightly, corruption remains as rife as poverty, if not worse.


The arrival of former ACC boss Thanda Mngwengwe, raised great expectations. Numerous arrests soon followed, some high profile, but that is just about as far as he got really.
Now his contract has expired and the search is on for a new boss at the ACC. It is no surprise that some are celebrating his exit, while others are sceptical about having a Swazi assume the position.
Former Justice Minister Sibusiso Shongwe has failed to contain his joy at the exit of Mngwengwe. Shongwe faces corruption charges that saw him axed from Cabinet. He was not the only minister to suffer same. His former colleague, Gideon Dlamini, was also dismissed from Cabinet after an attempt of corruption allegations levelled against him by the ACC.


While Shongwe is having his day in court, Dlamini successfully challenged his arrest when Chief Justice Bheki Maphalala opined that certain sections of the Anti Corruption Act, including Section 12, were unconstitutional. The CJ made statements known as obiter dicta, which were not binding, when he dismissed the application that was filed by the ACC to have Dlamini arrested with Nigerian businessman Fred Ngeri and his wife, Sindile, for corruption related offences.


Another top profile citizen Nathi Dlamini, the former Managing Director of the Swaziland Posts and Telecommunications Corporation (SPTC), also faces corruption charges, courtesy of the ACC, for an alleged attempt to free the company from a Joint Venture Agreement with Swazi MTN to allow for fair competition – a move that allegedly had the blessing of Cabinet.
There are other members of Parliament facing corruption related charges, who strongly believe the ACC has been captured. Fingers have been pointing in the direction of the Prime Minister’s Office, which is probably what the probe into the ACC is determined to establish.


With the PM set for an exit in the next few months and the ACC boss out of office already, coupled with the reported rift among ACC staff, the MPs fancy a good chance of coming out with damning findings that either give life to their suspicions or get their names and that of ‘innocent’ suspects cleared.


The experience suffered by Dr Mahlalela, who was falsely accused of corruption in the sale of old houses belonging to Swaziland Railway, gives good reason for the probe.


This probe should extend to the DPP’s office because it has the duty to satisfy itself that there is evidence beyond reasonable doubt to arrest, prosecute and obtain a conviction.
For Mahlalela, the timing of the charges against him was highly suspicious as it coincided with election year, when the country was looking for capable men and women to serve in the 2013 - 2018 government.
Fuelling this assertion was the fact that the charges were withdrawn even before the case could knock on the door of a courtroom after the elections.


How many more people have suffered such fate? Only a probe could answer some of these questions.
Where Dr Mahlalela would probably have concerns with the probe, is in the composition of its members. Some of the probe team members face crimes related to fraud and corruption, which creates an obvious conflict of interest.
If the findings of the probe are to serve the interest of justice, then justice must be seen to be done by Parliament in who it assigns to carry out the task. How can suspects probe investigating officers? Two wrongs won’t make it right!
No citizen deserves to endure what an accomplished citizen like Dr Mahlalela had to go through.

It sapped a great deal of energy out of a man who never gave up on the belief that Swaziland was a great country and that he would dedicate himself to making it great again.
Fortunately, he didn’t allow it to destroy him. He soldiered on. What sustained his livelihood was the trust he had built in the corporate and public sectors. He looked forward to his day in court to clear his name and he still had faith in the Judiciary despite being bitten by one of its agencies.


We owe it to him and many others who have suffered his fate, to do a proper investigation of the ACC. The organ should welcome this as an opportunity to help it enhance its own image and remove the tag of being seen as a puppet of the wolves.

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