ACC, TIME TO INVESTIGATE HIGH RANKING OFFICIALS

Allegations of selective targeting of individuals by the Anti-Corruption Commission (ACC) in the country in tackling corruption cases are a serious cause for concern. I had planned to discuss this troubling matter in last week’s article within this column. However, due to other urgent issues, I was compelled to delay my commentary on this topic. I believe it is important to share my perspective on this matter, as I consider it to be of significant concern.

The Times of Eswatini recently featured an article that highlighted the apprehensions voiced by Members of Parliament (MPs) regarding the alleged controversies associated with the agency’s activities. This is not the first instance in which the agency’s activities have come under scrutiny, particularly from the public. There have been frequent public concerns in the past concerning the competence and effectiveness of the ACC in investigating and prosecuting individuals involved in corrupt practices. The allegations against the agency’s selective targeting of individuals suspected to be engaging in corruption are not new. The crucial question is: Is there substance in the accusations? If there is, what can be done to address this very concerning issue?

One of the most significant challenges facing anti-corruption efforts worldwide and, hopefully this is not the case as alleged in Eswatini, is the apparent reluctance to pursue cases involving influential figures. This concern as touched upon by the Ministry of Justice and Constitutional Affairs Portfolio Committee (Parliamentary) has given rise to suspicions that there might be political interference or preferential treatment for individuals with close ties to those in power. As a result, there is a widespread belief that the anti-corruption agency is not fulfilling its mandate to hold all individuals accountable for corrupt practices, regardless of their standing in society.

The consequences of selectively investigating corruption are significant and extensive. This practice not only diminishes public confidence in governmental and law enforcement institutions, but also fosters a culture of impunity, wherein those with power and connections perceive themselves as exempt from legal accountability. Such a situation erodes the rule of law and undermines the principles of a fair and just society.Corruption remains a widespread challenge in numerous societies globally, and our kingdom is no exception. It diminishes public trust, destabilises economies and exacerbates inequality.

In an effort to combat this issue, many nations have established anti-corruption commissions (ACCs) tasked with investigating and prosecuting corrupt activities. However, the efficacy of these commissions is frequently questioned, particularly regarding their ability to scrutinise high-ranking officials and influential individuals. In our kingdom, the ACC is charged with the duty of investigating and prosecuting corruption across all levels, without bias or regard for the status of those involved. Although the ACC has achieved some success in addressing low to mid-level corruption cases, it has faced considerable criticism for its inability to effectively pursue cases involving those in positions of power. This perceived inadequacy undermines public confidence in the commission and seemingly sustains a culture of impunity among the political and business elite.

A primary factor contributing to the ACC’s shortcomings in investigating high-ranking officials is the alleged lack of independence and autonomy. There are widespread concerns that the commission is susceptible to political influence and interference, which obstructs its capacity to conduct comprehensive and unbiased investigations. Furthermore, the ACC has been hindered by issues such as understaffing, insufficient funding, and a deficiency in technical expertise, all of which limit its ability to tackle complex corruption cases effectively.
The portfolio committee is on record in expressing its concerns about the integrity and effectiveness of the ACC, questioning whether it can fulfil its mandate effectively. Disconcerting and unconfirmed reports suggesting corrupt practices like nepotism within the ACC, where it is alleged that some officials within the agency were allegedly hiring relatives are also a real cause of concern.

Suspected

Interestingly, the committee also voiced out its doubts about issues such as the motivation of the agency’s staff suggesting that these factors might be affecting the commission’s performance. A ‘direct dialogue’ with the ACC was proposed to help clarify these issues to ‘distinguish between factual concerns or mere hearsay..’ That is commendable. Let’s hope something will come out from these dialogues. It is also a widely suspected concern that there is a pervasive culture of fear and possible intimidation that deters ACC investigators from probing into the affairs of powerful individuals. High-ranking officials and individuals in positions of power worldwide often wield significant influence and have the means to obstruct or influence investigations, making it extremely challenging for institutions like anti-corruption agencies to hold them accountable for their corrupt practices.
Could the above be the case in our country?

Suspicions are rife concerning the lack of transparency and accountability within the ACC itself, which have also allegedly contributed to its ineffectiveness. There have been allegations of internal corruption and misconduct within the commission published specifically by independent online publications based outside the country, raising doubts about its integrity and credibility. Whether these allegations have substance, it is not yet proven. This further undermines public confidence in the ACC’s ability to combat corruption, especially when it comes to tackling corruption at the highest levels of society.

It is deeply troubling that the administration appears to be primarily verbal in its commitment, with minimal action taken to empower the ACC to pursue high-profile individuals suspected of engaging in corrupt activities without fear of repercussions. The public is weary of continuously encountering reports of alleged corrupt practices by certain individuals in positions of significant authority with rarely any action taken against those in the corridors of power. Consider, for instance, the healthcare sector which is rife with accusations of corruption related to drug procurement, which is believed to have exacerbated the persistent shortages of essential medications and equipment in hospitals. Very influential individuals have been fingered as responsible for the collapse of the healthcare system in as far as drugs shortages are concerned.  Not surprisingly, these individuals are walking the streets free to this day. Do not deceive yourself.

Screenplay

Nothing will be done to them anytime soon - if ever. Why, one may ask? They have power - period. Other departments of government are not spared from allegations of corruption.
Accusations of corruption within government departments have long been a recurring issue in many countries around the world, and Eswatini is no exception. Allegations of corruption in Eswatini Government departments have been rampant, contributing to poor service delivery and hampering the country’s development.  Without any shadow of doubt, these allegations often have adverse effects on service delivery in Eswatini.The annual reports from the Auditor General’s Office regarding corruption within government departments resemble a screenplay.

There is a conspicuous absence of information regarding any measures taken to rectify these issues. It is understandable that the public may perceive that many, if not all, of these revelations often go unaddressed, with minimal or no subsequent action. The question arises: When and how will this situation come to a resolution? The public is left reeling and feeling powerless as the pervasive issue of corruption continues unchecked and without consequence.Corruption within government departments worldwide is well-known to adversely affect the lives of citizens, resulting in inefficiency, poor resource management, and a significant lack of accountability. The misappropriation of funds intended for public services into the hands of corrupt officials leads to insufficient infrastructure, inadequate healthcare, subpar educational facilities, and a deficiency in essential services for the citizens of Eswatini.

The ramifications of corruption are particularly pronounced in the healthcare sector, where insufficient funding and the misallocation of resources result in a scarcity of vital medical supplies, inadequately equipped facilities and a shortage of healthcare professionals. Consequently, the quality of healthcare services deteriorates, leaving the general population without adequate access to medical care and worsening public health issues within the country. Additionally, corruption in government departments has a detrimental impact on education.
The misuse of educational resources and funds intended for the improvement of educational facilities directly affects the quality of education provided to students not only in the country, but globally as well. When one thinks about how former prestigious tertiary institutions like the University of Eswatini (UNESWA) are crumbling right in front of our eyes, the public cannot help, but say, “Cry the beloved country!”

Materials

Dilapidated infrastructure, understaffed schools and a shortage of educational materials are some of the visible manifestations of corrupt practices, ultimately depriving the youth of Eswatini of a quality education and hindering their prospects for a better future. Furthermore, corruption hampers infrastructure development and public service delivery. Projects essential for the country’s progress and the welfare of its citizens are often delayed or remain incomplete due to allegations of embezzlement, bribery and kickback schemes. Come to think of it!, what is the progress with white elephant projects like the FISH and International Convention Centre (ICC) down at Ezulwini valley? If my memory serves me well (I stand to be corrected, though) the initial budget of the project was around E370 million, ballooning to E8 billion or so.

Allegations of corruption in the escalating high costs of the projects are rife. As a result of numerous allegations of corruption, the citizens of the country are left with inadequate access to crucial services, further impeding their overall quality of life. Addressing corruption in Eswatini government departments is crucial for the country’s sustainable development and the well-being of its citizens. It requires a multifaceted approach involving legislative reforms, stringent enforcement of anti-corruption laws, transparency in procurement processes, and the empowerment of oversight institutions like the Legislature to root out corrupt practices.

This far, such institutions are failing the public. Moreover, fostering a culture of integrity and ethical conduct within public institutions is paramount. Building a system that encourages accountability, whistle-blower protection and the active participation of citizens in governance processes can serve as a fundamental step towards combating corruption and enhancing service delivery in Eswatini. Phoke ungakubona la kitsi loko? Forget it and smile!

We are helpless, I reiterate... The grassroots bear the brunt of corruption. Corruption in Eswatini Government departments poses significant challenges, perpetuating a cycle of poverty and underdevelopment. Efforts to combat corruption and improve governance are imperative to ensure that public funds are utilised efficiently and that citizens receive the essential services they are entitled to. Only through concerted and sustained action against corruption can Eswatini aspire to achieve sustainable progress and an improved standard of living for its populace.

How can we tackle the challenges posed by corruption in this God-forsaken country? Sengiyatibutela nje, maSwati akitsi.  Uma nicabanga nje, is there anything we can do as the public to stop in its tracks lobukhonyovu lobu as those privileged enough batitapela nje emnotfweni wemaSwati? My take is that to address these systemic challenges, fundamental reforms are urgently needed to strengthen the ACC’s independence, enhance its institutional capacity and insulate it from political interference. The commission must be granted greater autonomy and provided with the necessary resources and tools to carry out its mandate effectively. Additionally, laws and regulations should be enacted to protect ACC investigators from intimidation and reprisals when they pursue cases against individuals in positions of power.

Operations

Moreover, the ACC’s operations and decision-making processes should be made more transparent and subject to rigorous oversight to ensure accountability and prevent internal corruption. Building public trust in the ACC is crucial, and this can only be achieved through demonstrated integrity, professionalism and a steadfast commitment to investigating and prosecuting corruption without fear or favour.In summary, the inability of the Anti-Corruption Commission (ACC ) to thoroughly investigate individuals in positions of authority diminishes its credibility and fosters a culture of impunity. To rectify this situation, it is essential to implement extensive reforms aimed at strengthening the commission’s independence, capabilities and accountability. Only by undertaking these reforms can the ACC effectively carry out its mission to combat corruption across all tiers and regain public confidence in the battle against this pervasive issue.
Peace! Shalom!

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