Times Of Swaziland: MONEY, POLITICS MEET... LET’S BE CLEAR

MONEY, POLITICS MEET... LET’S BE CLEAR
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Thobeka Manyathela on 26/11/2023 15:07:00


On Thursday evening, Prime Minister Russell Mmiso Dlamini unveiled his
administration’s strategic plan for the next five years.
He committed himself to responding swiftly to the various issues raised during
the week-long People’s Parliament (Sibaya) a few weeks ago. This is a
remarkable commitment that will bring an end to the belief that Sibaya is merely
a talk show for people to blow off steam (kutihhamula) without any tangible
results. Among the issues Cabinet has prioritised are poverty, unemployment,
health services, gender-based violence (GBV), provision of quality health
services and corruption. I am here to talk about corruption. This is a scourge
that every administration that comes along always vows to tackle head-on.
It is a critical issue because it has a direct bearing on all aspects of our
social and political lives. Corruption affects all spheres of the government
machinery, as we have seen in recent months how it practically collapsed the
country’s health system. It has been alleged that there was collusion among
top government officials in paying for non-existent medication, giving tenders
to preferred companies without merit and paying some people money they did not
deserve, while emaSwati struggled to get even basic medical drugs and simple
medical supplies like gloves. That corruption has been top of the list for every
government administration underlines the fact that it is a cancer that needs to
be eradicated. With the exception of those benefitting from it, most emaSwati
have always hoped that it would eventually be reduced or eradicated.
corrupt
Only the identification and decisive punishment of perpetrators would see
corruption eradicated. People would start thinking twice before they engage in
any corrupt activity if they see others being jailed and expelled from work,
instead of merely being transferred. That is why, where corruption is concerned,
it should be ‘all hands on deck,’ with all citizens coming together to fight
it. For its part, government needs to have all three arms involved in this
fight. These are the judiciary, executive and the legislative arm. Members of
Parliament (MPs) are expected to play a major role in this process, as they are
the ones who make the laws. They should come up with legislation that does not
give criminals any breathing space. MPs are also critical to this endeavour
because they play an oversight role on the executive arm of government.
They are the ones who should ask questions and demand action if the executive
fails to play its role. It is disappointing, therefore, when the legislature is
also accused of playing a role in perpetrating corruption, as we have seen in
recent weeks, with allegations that some of the senators in office today got
their seats by paying other MPs to vote for them. The allegations are that the
monies involved were huge amounts of up to E1 million. It is alleged that some
MPs were paid amounts of up to E60 000 each by candidates who aspired to become
senators. This is scandalous because senators are also lawmakers.
law-respecting
If they are involved in corruption, how will they assist the country in fighting
it? That is the question every law-respecting liSwati is asking himself or
herself these days. It is a pity that the Anti-Corruption Commission (ACC) seems
to be hindered in one way or another and cannot properly investigate this issue.
Among other reasons, the Commission is currently without a substantive
commissioner, after the contract of Daniel Dlamini elapsed on October 16, 2023.
Apparently, only the commissioner has the power to authorise ACC officers to
institute investigations or inquiries into any issue under the Prevention of
Corruption Act, 2006. There is also that obiter dictum by Chief Justice Bheki
Maphalala, which rendered the Commission toothless. These are issues the
legislature is expected to raise as urgent matters.
It is worrying then, if a MP stands up to say money and elections cannot be
divorced. While this statement by Lobamba Lomdzala MP Marwick Khumalo is true,
the context in which it was said makes it inappropriate. Khumalo was speaking in
the House of Assembly on Friday, November 17, 2023, when he made a submission
during the nomination of candidates who aspire to fill the four vacant positions
of regional MPs. He was not happy that some of the candidates had mentioned to
reporters that they had not bribed anyone to win seats in the House of Assembly.
The long-serving MP first questioned the candidates, wondering who had asked
them for money, resulting in them saying they had not paid anyone. He then said
where elections were concerned, the issue of money was covered in law.
He was right once again. This is covered in the Elections Act of 2013. However,
Section 75 of the same law makes it a crime to use money to encourage people to
vote for you. When he decided to address this issue, MP Khumalo should not have
made a blanket statement, but should have demonstrated that he understood the
difference between using money for one’s campaign and vote-buying, which is a
crime in both the Elections Act of 2013 and the Prevention of Corruption Act of
2006.
offences
Section 30 of the latter Act deals with offences relating to corrupt activities
by politicians. It makes it a crime for a politician to ‘demand, accept or
offer to accept any advantage from another person, whether for the benefit of
that politician or any other person’. A person convicted of an offence
referred to in this section is liable to a fine of up to E200 000 or
imprisonment for up to 20 years or to both. Khumalo was MP when both these laws
were enacted and should know them like the back of his hand. As the longest
serving politician in the current Parliament, he let go of an opportunity to
warn and educate his peers on bribery and other corrupt activities. He failed to
make them understand that paying for votes robbed the country of having
qualified and befitting legislators who may lose out because they do not have
money, while incompetent ones gain seats through corrupt means.