Nhlangano councillor arrested for scam ‘not a politician’

MBABANE – The Nhlangano Municipal Councillor, who was arrested for being involved in a tender scandal, has said he is not a politician.

Dumisani Eric Sibandze has filed an application at the High Court for an order declaring that municipal councillors are not politicians.

He argued that they are an extension of a ministerial structure of the Ministry of Housing and Urban Development, in terms of the Urban Government Act of 1969.

The Director of Public Prosecutions Mumcy Dlamini and Attorney General Majahenkhaba Dlamini have been cited as respondents in the matter.

They are yet to file their responding papers.

Sibandze has also argued that section 30(a) of the Anti Corruption Act of 2006 is inconsistent with the Constitution of Swaziland in as far as the definition of a politician is concerned. He submitted that the section should be declared null and void.

He was accused of allegedly demanding an advantage from Sipho Johane Shongwe, a Director of Swaziland Livestock Technical Services PTY (LTD), so as to lobby the other councilors to award Tender No.4 of 2008 and 2009 to the said Swaziland Livestock Technical Services PTY (LTD).

His matter is still pending at the Nhlangano Magistrates Court.

He stated that he raised the objection before Principal Magistrate Nondumiso Simelane, but she said her court did not have jurisdiction to pronounce on the validity of an act of Parliament.

He is represented by Kenneth Simelane from Sigwane and Partners in the matter.

The charge sheet’s allegation reads thus: "The accused is guilty of the offence of contravening Section 30 (a) read with Section 35 (2) of the Prevention of Corruption Act 3 of 2006.

In that upon or near about May, 25, 2009 and at or near Nhlangano in the Shiselweni region, the said accused being a politician within the meaning of the schedule of the said Prevention of Corruption Act 3 of 2006, did unlawfully demand an advantage from Sipho Johane Shongwe, a Director of Swaziland Livestock Technical Services PTY (LTD), so as to lobby the other councillors to award Tender No.4 of 2008 and 2009 to the said Swaziland Livestock Technical Services PTY (LTD), thus the accused is guilty of contravening the said Act.

The matter is pending at the High Court.

Comments

Its interesting to read that the Prevention of corruption Act is being tested in our courts, lets wait and see how the highest courts of the land view the defense application. I wonder though, how parliament would enact a law in 2006 that is inconsistent with the constitution that was in effected in 2005....or is it another delaying tactic on the case....its wait and see....to the ACC please continue to arrest more
July 29, 2010, 9:50 am, lubelo (mngoma@webmail.com)