‘No one is above the law ’

WI read an interview involving the auditor general (AG), it makes me sit up and listen. His recent press statement was no exception. Always, being the diplomat in his careful choice of words, very often you have to read between the lines, but his statements and press interviews never disappoint. A day never seems to go by at the moment, without the AG uncovering yet another nest of corrupt vipers. But what concerns me is the absence of any reference in his press statement to the two outstanding independent historical forensic financial audits on the ICC&FISH and the Nhlangano-Sicunusa capital projects.

His Majesty King Mswati III’s Speech from the Throne made it crystal clear that corruption is standing in the way of social and economic progress, and should no longer be tolerated. Corruption now needs to be tackled head on, otherwise international investor confidence will remain fragile. The message from the Throne could not have been clearer, with some observers even going as far as to suggest that those in high political office, who may be taking advantage of their close relationship with the royal family, may now be in jeopardy.

When the nation gathered at the cattle byre, for the three-day Sibaya in October 2018, the late Prime Minister, Ambrose Mandvulo Dlamini, identified that one of the major challenges for government procurement was its unhealthy ability to invite corruption. The supposed imminent arrests linked to the drugs shortages scandal, are only the tip of a very big ice berg.

There is a group of corrupt but seemingly ‘untouchable’ high ranking ‘bobhabuli’ in both political and business life, who continue to put their own insatiable greed for wealth ahead of His Majesty’s very clear directive, whose names are already in the public domain due to their continuing need to put their hands in the cookie jar, seemingly without fear of any legal sanctions.

It is now four years since government, through the Ministry of Finance, allocated a budget of E8 million for an independent forensic audit, to include the ballooning costs of the ICC&FISH, due to alleged rampant corruption. We now have some Members of Parliament threatening not to approve the 2024/2025

E1.1 billion budget allocation set aside by the minister of Finance to complete the ICC&FISH capital project; unless the long awaited forensic report is presented in Parliament. So my question is, why are emaSwati still waiting for the independent forensic audit to be published?

The allocated budget of E8 billion also covered the Nhlangano-Sicunusa Capital Road Project. If my memory serves me correctly, the 11th Parliament adopted the Public Accounts Committee’s (PAC) recommendations on the Nhlangano-Sicunusa Capital Road Project in September 2019, with the late prime minister giving a very clear directive that the report must be published within the required sixmonth timescale. Yet, four years later, we are still awaiting the outcome of the forensic audit, if indeed, it was ever commissioned. To me, it all suggests a lack of any real political will to get to the truth.

Mismanaged

The forensic audit was triggered by two key players in the controversial Nhlangano/Sicunusa Road Project, deciding not to appear before the PAC, to answer questions on how the project might have been mismanaged, instead preferring to demonstrate total disrespect to the role of the PAC, by hiding behind imaginary legal and procedural barriers. The failure to appear before the PAC without a lawful reason should now result in a mandatory two-year prison sentence and the level of fines now need to be significantly increased.

Both of the key players decided, without a valid reason, not to appear before the PAC to assist the committee to better understand a number of the ‘irregularities’ identified by the AG, further compounded by very poor standards of construction.

The identified ‘irregularities’ were a clear breach of the stipulated loan requirements and contractual obligations, which include the mysterious additional payment of E5 million to the consultancy company; the main contractor being recommended for tendering, despite failing to meet the pre-qualification requirements (twice) and being appointed without being approved by the funding agencies, which was part of the loan agreement; with millions of Emalangeni taxpayers’money still unaccounted for.

So, the decision taken at the time by the then PAC chairperson that the delayed forensic audit must still go ahead was to be welcomed, despite all the obstacles being put in his way. Ordinary emaSwati must now be wondering whether, as suggested by the previous clerk to Parliament, there is indeed a ‘political clique’ in the darker corridors of power, who really do not want this audit to take place. The independent forensic audit which, in many ways, will be a test case for the future direction of travel for the AG, supported by the newly-formed Anti-corruption Task Team, as to whether it can really be effective in addressing the evil that is corruption.

Possibility

Particularly, if it supports the AG’s conclusions that before the contract was terminated, there were a number of ‘irregularities’ noted and by implication; the possibility of corruption in the public procurement process, which has reached the highest levels within government. So there are many questions which still require answers, but to date, there is only a deafening silence from the key players and a clear intent to avoid the forensic audit being published at all costs.

In his recent press statement, the AG reaffirmed that nobody was above the law and untouchable. While at the same time he seemingly contradicted himself by stating that; ‘we couldn’t continue with the others because there are people who frustrated the process of instituting the forensic investigations, therefore, we saw it fit to halt them’, and which apparently was putting his own safety and that of his family at risk. Why did the AG not bring all his concerns to the attention of the House of Assembly at the time?

Prime Minister (PM) Russell Dlamini now has the necessary controls in place and, therefore, the opportunity to visibly demonstrate his own commitment to His Majesty’s directive; to eradicate corruption at all levels in public life by personally ensuring that both of the independent forensic audits do now see the light of day, without any further unnecessary delay; and that any allegations made by the AG are properly investigated in a timely manner and if proven, properly acted upon.

Without the visible support and protection of the PM’s Office, the Anti-corruption Task Team and the AG will not be effective in investigating and holding to account, those who may have transgressed and if the case is proven, to feel the full force of the criminal law, irrespective of their high profile in Eswatini public or political life; and without the AG having to continually look over his shoulder for fear of reprisals.