Corruption can kill
INVOLUNTARILY, but undeniably, corruption can kill; especially where it involves the theft of public resources or abuse of authority to gain similar benefit. It is invariably a function of greed and, far too often, diverting resources from the needy, causing the poor to get poorer. A diet close to starvation does not provide a robust constitution to withstand the COVIDs and other viruses only too ready to strike. So, it is entirely fair to say that corrupt activity contributes to many premature deaths.
As a country we have not done well in fighting corruption. The Anti-Corruption Commission (ACC), set up in 1998, has exhibited no more bite than a bulldog without its teeth. There were at least 100 corruption cases ready for prosecution back in 2015.
Prosecution
That’s public knowledge. Then the head of the judicial arm of government, the chief justice (CJ), effectively brought the prosecution to a halt in a suspected fraud case of some note. He considered that the Prevention of Corruption Act 2006 conflicted with the Constitution. And was anything done to put that right, one way or another? No, not a thing.
Today the case still lies at the appeal stage in the judicial system, where the attorney general now says it need not have gone anyway. He said the CJ’s ‘call’ for the prosecution not to continue was just ‘passing’. Passing what, you might ask. But seriously, that ‘call’ is now not considered an instruction but merely an expression of opinion. Why weren’t the authorities of this country, as well as the public, told exactly that, back in 2015, so that the fraud case could proceed? The authorities should, in any event, have interrogated the issue, seeking an urgent solution, such as amending the legislation to comply with the Constitution. But, again, nothing. Eight years of justice delayed; also sending out a clear message to the naughty ones – help yourselves guys; nothing will be done. Key players perhaps too busy are also helping themselves.
The extent to which this country, previously aloof of corruption, has been drawn into such extensive dishonesty, and falling into the same category as so many countries of the present world, is desperately sad. When I came here to make this my home 28 years ago, having visited 16 years earlier, it was a strongly honest society. What went wrong?
Submit
Broad-based allegations of corruption are heard all the time, but how often have we seen individuals brought to book for corrupt behaviour? Very seldom. It’s so often swept under the carpet, yet anyone familiar with central, local government and parastatal organisations could – but doesn’t – submit formal allegations of known corrupt behaviour. The gallant whistle-blower, prepared to perhaps also stand up and testify in court at a later time, is a rare animal.
And the judicial processes leave much to be desired, with ducking and diving to obtain postponements or diversion into irrelevant complexities. When will the forensic audit of the health supplies theft be completed? There’s almost defiance among those indicted in the subsequent prosecution. Why would that be?
And the pomp of the Judiciary knows no bounds. Along with countless nations of the world, we have to put up with the use of Latin terms like dictum, which no one understands; or verbs like opine and recuse, which are never used in every day human communication. Is the law to be understood and respected, or does it remain as ancient and out of date as the language it uses?
And when corruption becomes deeply rooted in a society you can get the sad situation where a person, with substantial assets that are the fruits of honest endeavour, is judged to be probably corrupt. The good achiever tarred with the same brush as the corrupt. That would be tragic; the reader can judge.
His Majesty’s instruction to stamp out corruption must be swiftly implemented. Government’s public commitment to doing so must, in due course, be accompanied by a similarly public statement of what the corruption task team has achieved. Stamping out won’t be easy.
Backlog
Firstly, each outstanding case must be judged fairly and objectively. There’s a massive backlog of cases pending prosecution, so we must source, through development partners, the judicial assistance that provides sufficient expertise, supported by temporary court facilities, to try each case to conclusion. There could be plea bargains to hasten the process, but it would still be time-consuming and require determination and political support throughout.
If the population of this lovely country of Eswatini, with so many decent and honest people, were to see those allegedly guilty of corrupt behaviour brought to justice we would see less anger in our society and a dramatic increase in Eswatini’s status in the world. And the coup de grace – modern French and not ancient Latin (lol) – in removing corruption is to emulate the country called Georgia (hopefully not another one to get the Ukraine ‘embrace’), which succeeded hugely by sending out anti-corruption officials to the ultra-expensive residences and other buildings. They would knock on the front door and say politely to the owner(s), “This is a beautiful building. Please show us how you financed your acquisition of it.” That’s what you need. Success guaranteed (the poet who didn’t know it).