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WAIT AND SEE

22/03/2024 09:44:00 Editor

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If the subject of corruption in this country has taught me anything, it is to mark time. This stance has been fuelled by the frustrating absence of proper investigations, prosecution and convictions in blatant corruption cases. Even when they do occur, it is always the tiny fish that fry.

The Prime Minister (PM), Russell Dlamini, promised to address the public’s frustrations and follow out His Majesty the King’s directive to not only deal decisively with corruption, but also to ensure that the perpetrators of this plague, ‘bobhabuli’, are thrown behind bars.

He set up a task team consisting of the acting commissioner of the Anti-Corruption Commission (ACC), the acting national commissioner of police (NATCOM) and the Director of Public Prosecutions (DPP), to work alongside Prince Simelane, the Minister of Justice and Constitutional Affairs. During its launch, he (PM) emphasised government’s zero-tolerance policy towards corruption in all sectors of society. This occurred approximately five weeks ago.

This week a Zimbabwean national was arrested for alleged corruption at the Ministry of Home Affairs after being found in possession of five Eswatini passports, which were allegedly stolen from the ministry. Members of the public were prepared to dismiss this arrest as yet another tiny fish ‘middleman’, demanding the arrest of the ministry’s ‘top dogs’.

A day later, former Financial Services Regulatory Agency (FSRA) Chief Executive Officer (CEO) Sandile Dlamini, also known as Chief, was arrested. He was nabbed by members of the ACC at his home at Elangeni and charged with five offences under the Prevention of Corruption Act of 2006.

These charges include allegedly taking E117 000 in kickbacks from Ecsponent Limited Swaziland while working as CEO of the FSRA. He is also accused of aiding Ecsponent Limited Swaziland in obtaining an FSRA licence in 2014. This is the company from which 1 500 emaSwati lost E340 million in investments.

Declare

Dlamini is also charged with money laundering in the amount of E117 000 and allegedly failing to declare the cash, therefore, violating the Income Tax Order. Another allegation is that he assisted Status Capital in obtaining a licence in 2019. Dlamini was scheduled to apply for bail yesterday, and has maintained his innocence, claiming no knowledge of the funds deposited into his account.

He further denies coercing, pressuring or influencing any FSRA officers involved in the Escponent case to grant the company a licence. He further asserts that whether dealing with Ecsponent or other companies, he completed his work diligently, professionally and in accordance with the concepts he valued, such as transparency and honesty.

We can only speculate on the possible outcomes of this development based on previous experience, without going into detail. It is critical to remember that everyone is presumed innocent until proven guilty. The reactions to this arrest were mixed but largely leaning towards a thumbs up given the profile of the individual who is classified as ‘high’.

However, we have been down this road before when a warrant for the arrest of high-profile individuals, such as then-Minister of Commerce, Industry and Trade Gideon Dlamini, as well as Nigerian businessman Fred Ngeri and his wife Sindile, on corruption-related accusations was sought by the ACC.

Chief Justice (CJ) Bheki Maphalala rejected the application and issued an obiter dicta, stating that some sections of the ACC Act, including Section 12, were invalid. This occurred about nine years ago. The ACC appealed the decision and the Supreme Court referred it back to a full bench of the High Court, where it is still ongoing.

Remarkable

This was to be the ACC’s final act until now. Therefore, Dlamini’s arrest, following a warrant issued by the CJ, constitutes a remarkable turnaround. Does this mean that Gideon will soon have his day in court? Let us wait and see.

Like a bird perched on a branch of the curiosity tree, I wait to see if the other key parties involved in the E340 million Ecsponent investment loss will follow. If precedence is anything to go by, then we can expect to also possibly see the arrest of the person(s) in charge of issuing trading licences to other businesses that end up swindling the public.

However, the drugs theft case is the biggest challenge for the ACC and the corruption task team. The war on corruption cannot be won if nobody is held accountable for the agony and suffering that emaSwati poured out to the King, the nation and the global community at Sibaya.

The convictions in this case may not bring back the relatives they have lost as a result of a lack of crucial drugs in hospitals, but they may provide some solace in knowing that no other human being will have to go through what they have. They, too, sit and wait, wondering if such a day would ever come.