Arrest of ex-FSRA CEO
Sir,
I am really struggling to understand the apparent euphoria surrounding the recent high profile arrest of former FSRA CEO Sandile Dlamini by the Anti-Corruption Commission (ACC). The former CEO was subsequently charged with five counts under Section 42 of the Prevention of Corruption Act of 2006, as a result of his alleged illicit relationship with some Ecsponent South Africa directors.
The former CEO allegedly concealed the origin of the payment of E117 000 deposited into his personal bank account by Ecsponent South Africa as far back as December 2014, in exchange for the issuing of an investment advisor licence to Ecsponent Ltd Swaziland in 2014.
This allegedly resulted in the disappearance of E335 240 000 belonging to 1 500 unfortunate emaSwati investors in the well publicised Ecsponent scandal. All these remain allegations until their veracity is tested in a court of law. In my opinion, it is important to draw a clear distinction between alleged corruption and the failure on the part of the former CEO to exercise due diligence that resulted in a significant financial loss to the unfortunate investors.
Corruption
His arrest was described by a journalist as the first notable arrest by the ACC and ‘a boost in the fight against corruption, following the setting up of the anti-corruption task team by Prime Minister (PM) Russell Dlamini’. I am not sure that I agree with these conclusions. I am not condoning what the former CEO is alleged to have done, but, in the wider scheme of things, does the alleged irregular payment to the former CEO really satisfy the definition of ‘bobhabuli’?
I remain to be convinced that a case going back to 2014 and involving an alleged irregular payment to the former CEO is anything more than a smokescreen on the part of the ACC to justify its existence after years of chronic inactivity. Nor would I respectfully suggest, is it perhaps what PM Dlamini quite had in mind when setting up the Anti-Corruption Task Team. To kill the snake and release the poison that is corruption and to give the whole exercise credibility, you have to cut the snake off its head.
Challenges
While the ACC seems to be focusing its time, efforts and limited financial resources on ‘quick fix’ headline grabbing cases, one of the major challenges for government procurement continues to be its unhealthy ability to invite corruption. The allegations of corruption go beyond SwaziPharm and other suppliers, through their alleged manipulation of the procurement processes, which would have had to have involved a collusion of senior government officials.
The unabridged report submitted by Funduzi Forensic Services is still to be made public by the Auditor General (AG).
The supposed imminent high profile arrests linked to the Central Medical Supplies (CMS) drug shortage scandal in the Ministry of Health, involving millions of Emalangeni, remains nothing more than just an ongoing investigation.
During his recent appearance on the current affairs show on EBIS, the AG sought to justify the delay by stating that corruption is a deep-seated phenomenon that is hard to detect because it is well organised and ‘could take even years to positively identify it’. Nation and international investors don’t have years to wait in turning around the pandemic that is corruption. Respectfully, this needs to change now through a properly resourced ACC, if it is to fulfil its key role as the protector of the nation’s purse.
Encouraging
It was, therefore, encouraging to note that Members of Parliament (MPs) are now quite concerned about the shortage of properly trained staff in the under resourced ACC, such that they instructed the minister of Finance to fill the vacant posts in 30 days.
Hopefully, it will also provide an opportunity for a properly resourced AG’s office to also focus on local government too and one particular municipality, which seems to be making it a habit of not following the correct legal procedures and good governance when awarding the contract for the upgrading of a government gazetted road or the granting of planning permission for the building of a new petrol station, which both now require an independent forensic audit.
While initially encouraged by the AG’s recent press statement that ‘no one is above the law and untouchable when it comes to our audits’, international investor confidence will continue to remain fragile until they are reassured that the financial audits ‘are ongoing to ensure accountability, transparency and good governance in the use of public funds’.
The promised independent forensic audit into the ballooning costs at the ICC&FISH, due to alleged rampant corruption, is still to be presented to Parliament.
Ordinary emaSwati are also still awaiting the outcome of the promised forensic audit on the Nhlangano-Sicunusa road project, which was triggered by a decision taken by both of the key players not to appear before the PAC to assist the committee to better understand a number of the ‘irregularities’ identified by the AG, with millions of Emalangeni of taxpayers’ money still unaccounted for. As the three forensic investigations identified by the AG as being ‘disturbed’ by external influences, seemingly did not include the Nhlangano-Sincunusa road project, perhaps the AG would be kind enough to clarify why this forensic audit, viewed as urgent four years ago by the late PM, Ambrose Dlamini, has still not been published? Both independent forensic audits which, in many ways, will be test-cases for the future direction of the ACC, supported by the newly formed Anti-Corruption Task Team, as to whether both can really be effective in addressing the evil that is corruption; or is it no more than just cosmetic surgery to cover the cracks? To me, it all suggests a lack of any real political will to get to the truth and to cut the snake off at the head.
Question
So my question to MPs is, why are you not making your voices heard by asking some searching questions in the House of Assembly? It hardly instills any confidence that the known group of corrupt but seemingly ‘untouchable’ high ranking ‘bobhabuli’ engaged in government procurement, will ever be held to account for their actions. 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 these audits to take place.
If the ACC does not find the moral courage and the visible political support it needs from MPs, to cut off the head of the snake, it will all be a wasted but costly political exercise.
I look forward to the day when the actions to eradicate corruption taken by all interested parties support what, in my opinion, is the currently misplaced euphoria.