Times Of Swaziland: AG ALLOWED ME TO TAKE PICS OF FORENSIC REPORT - ASHRAFF

AG ALLOWED ME TO TAKE PICS OF FORENSIC REPORT - ASHRAFF
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Kwanele Dlamini on 27/09/2023 14:08:00


MBABANE – Kareem Ashraff has alleged that Auditor General Timothy Matsebula
showed and allowed him to take pictures of parts of the  drugs shortage forensic
report during the purported visit to his residence.
The honourary consular general for the Republic of Indonesia in the Kingdom of
Eswatini also alleged that Matsebula informed him that the report implicated the
two Ministry of Health officials who took government to the Industrial Court
over the investigation into medical drugs and supplies’ shortage. Ashraff
submitted that he had purportedly neither interacted with Matsebula previously,
nor knew him, until they met at his residence. He made these allegations in an
urgent application for an order directing the attorney general (AG), prime
minister (PM), ministers of Finance and Health and Auditor General, Matsebula,
to produce, for purposes of copying, a report styled ‘Forensic Investigation
Report into Allegations of Irregularities Relations to Procurement, Acquisition
and Distribution of Medicines to Public Health Facilities in Eswatini’, that
was carried out by Funduzi Forensic Services (Pty) Limited at their instance to
the applicants. The applicants are Swazi Pharm Wholesalers (Pty) Ltd, Ashraff
and David Melvin.
In the application, Ashraff submitted that on July 17, 2023, he received a
telephone call from one John Bukutu, who is a businessman. He alleged that
Bukutu informed him that he needed to see him as a matter of urgency. Ashraff
said he had known Bukutu for a considerable period as a fellow businessman.
“Having enquired on the exigency of the visit, and given his insistence on
seeing me, I relented and agreed to meet him in the evening at my residence. To
my surprise, Mr Bukutu arrived at my residence accompanied by the Auditor
General, Mr Timothy Matsebula. I point out that although I had heard and read
about Mr Matsebula, I did not at that time know him. I may have met him in other
places but did not have any recollection of interacting with him. This was my
first formal meeting with him,” he alleged. The veracity of these allegations
is still to be tested in court. The respondents are yet to file their answering
papers.
Ashraff told the court that after the standard introductions, and Bukutu having
explained the purpose of the visit, Matsebula allegedly explained that it was at
his instance that the meeting had been convened. The auditor general, according
to Ashraff, was allegedly carrying what looked like a green file and from there
he produced a document, which he made reference to as the forensic report. “He
then took me through extracts of the report, particularly highlighting those
portions that implicated the applicants. He also showed me and permitted me to
take pictures of extracts of the report using my mobile phone.
Discussion
“In the course of the discussion, he indicated that the report also implicated
the two Ministry of Health officials that had taken government to court. In this
regard, I took a picture of one of the exhibits, which was contained in the
report and related to one Sincedile Dlamini. There were other allegations that
were made by the auditor general, which I intend to address in full in the
review application. “It became evident to me that the purpose of the visit was
a pursuit of reciprocal benefit. In light of potential consequences, I
immediately informed the auditor general that I would have to challenge this
report in a court of law. I consciously avoided the insinuation of reciprocity
for the disclosure of the report. I did, however, subsequent to the visit, alert
certain authorities about this unusual occurrence that had taken place in my
residence. I did so for purposes of transparency and in good faith,” Ashraff
added.
He argued that on a conspectus of the facts and the law, he and the other
applicants were entitled to have access to the report and to subject it to
judicial scrutiny. The report, which may be adopted by Cabinet at its final
meeting, according to Ashraff, would have a direct and external effect in that
certain resolutions may be taken by Cabinet on its (report) strength. “The
applicants have been condemned in the eyes of the Government of the Kingdom of
Eswatini, suppliers in the pharmaceutical industry, role players in the
diplomatic corps, members of the public and the international community, in
circumstances that are patently unfair and wrong. It is conceivable that
criminal or civil proceedings may even be constituted on the strength of a false
report. The entire process has been prejudicial to us." The matter is pending in
court.