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SPEECH FROM THE THRONE

20/02/2024 08:18:00 Editor

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Sir,

There was something very different this time about the Speech from the Throne delivered by His Majesty King Mswati III during the official opening of the 12th Parliament last Friday. It was a speech that was described by Prime Minister Russell Dlamini as ‘one of the very best we have heard’. At first I was not able to put my finger on it but then, I had one of those light bulb moments. The people had spoken and true to his promise, the submissions made by the nation during Sibaya were used by His Majesty in his speech to set clear policy guidelines. A monarchial democracy clearly now more in tune with the needs of its people, with the serious tone of His Majesty’s delivery underpinning the immediate concerns of his subjects and the important topics which now need to be addressed. It was particularly encouraging to listen to His Majesty commit his government to meeting head on the thorny issue of corruption.

Express

At Sibaya a number of emaSwati felt comfortable enough to express the need for integrity on the part of government in addressing corruption. Ordinary emaSwati were able to make their voices heard at Sibaya, with more than one expressing their frustration at the lack of tangible progress in addressing this long standing pandemic and the need for the fight against corruption to be one of the new government’s highest priorities in the 12th Parliament. The impassioned pleas revealed real concerns about corruption at the very highest levels in public office, with some speakers even suggesting that some are abusing their close relationship with royalty.

His Majesty has clearly listened, with his directives making it very clear to all those present last week, to include a very uncomfortable looking Chief Justice Bheki Maphalala sitting in the public gallery, that the pandemic that is corruption is standing in the way of social and economic progress and is no longer to be tolerated. Corruption now needs to be tackled head on with the necessary legal sanctions in place; otherwise international investor confidence will remain fragile. Supported by a very clear directive from His Majesty to identify all ‘bobhabuli’ and to eliminate all forms of corruption. The message from the throne could not have been clearer but it is not new.

One of the key messages from his address to the nation delivered during the opening of the second session of the 11th Parliament, was His Majesty’s very clear affirmation that the pandemic that is corruption is prevalent at all levels of Eswatini society. As His Majesty rightly pointed out at the time, corruption remains a key impediment towards sustained economic development and ‘what we see today is terrifying, the appetite or love of money which has bred greedy individuals amongst us’. A point the Ingwenyama found it necessary to again re-affirm at the opening of the 12th Parliament.

Challenges

As the late Prime Minister, Ambrose Dlamini, pointed out at the time, one of the major challenges for government is its unhealthy ability to invite corruption in the procurement process for big capital projects. So, choosing not to appear before the Public Accounts Committee (PAC), to avoid answering some searching questions on the controversial collapse of the Nhlangano/Sicunusa road project is not an option and sends out totally wrong signals. It should not be within the remit of any high ranking politician to dictate to the PAC the terms of engagement, but to comply with the request in a timely manner. As Lobamba Lomdzala MP, Marwick Khumalo quite rightly pointed out at the time: “It is an indictment on the State if those in lower class are made to appear before the PAC while those in high places refuse when they feel like.”

As a direct result of the decision taken not to engage with PAC, Parliament identified the need for an independent forensic audit on the capital hungry project, within the six month timeline stipulated by the late prime minister. The unacceptable delay and the lack of transparency on progress to date, in reporting back to the Parliament on the findings of the independent forensic audit, continues to disappoint many emaSwati. Hopefully, one of the more experienced recently elected Members of Parliament (MPs) will raise the matter during the next session of Parliament; because there is a real possibility that the results of the independent forensic audit on the Nhlangano/Sicunusa road project, may support the auditor general’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 by ‘bobhabuli’ at the highest levels within public office.

View

This writer will not support the view of the former Principal Secretary in the Ministry of Constitutional Affairs, Sicelo Dlamini, that the newly launched Anti-Corruption Task Team is a ‘sham’, but would fully support the view of the former Minister of Justice and Constitutional Affairs, Reverend David Matshe, that legislators should not interfere in the work of the task team, but instead should focus on passing laws and policies which support its work. Worth noting, the Senate president in the 12th Parliament has already given her verbal assurances that Parliament will now strengthen laws that will help fight corruption, which presumably means that she will therefore also offer her full support to His Majesty’s directive that it is ‘high time we witness judgments passed on individuals involved in corruption’.

While the call for ‘zero tolerance’ has enabled PAC to recover over E200 million to date, at the time of writing this article absolutely nothing seems to have been done in terms of prosecuting the individuals found to have been complicit in the financial irregularities identified by the office of the auditor general, to include the abuse of State funds. If I have read the situation correctly, His Majesty is now seeking practical solutions and not excuses, with the necessary support from the Judiciary. As His Majesty rightly pointed out, it is time to witness judgments passed on those involved in any acts of corruption which fit the crime, holding them responsible for their actions; without fear or favour, irrespective of an individual’s position in society.

Value

With the announcement of the launch of the tripartite committee, the Anti-Corruption Task Team, last Monday and with broad terms of reference, hopefully we will now witness a more confident PAC, which can see value in their work in getting to the truth, but with the necessary powers and the need now for legislation to allow PAC to impose unlimited fines; because PAC continues to uncover shocking examples of unacceptable behaviour by those in public office. The PAC will never be popular with politicians and other public servants because by definition, its role is to hold political appointees and public servants to account for their unhealthy disrespect for taxpayers’ monies. But its hands are currently tied by an inability to act beyond just recommendations and the imposition of insignificant fines for over-spending by controlling officers. Respectfully this is something that needs to be addressed soonest by the Legislature. Any person who refuses to appear before PAC should now face punitive sanctions, but the PAC cannot work in splendid isolation. Not only does it need the visible support of the Judiciary, but also other agencies such as the Anti-Corruption Commission (ACC), otherwise the work of the PAC has no value.

Corruption

There are many ‘bobhabuli’ who do not want the ACC to work effectively, due to the fact that they thrive on corruption. A properly resourced ACC, now free of the legal shackles imposed by the obiter dicta statements made by the chief justice in 2015, when dismissing the application that had been filed by the ACC to have the former minister of Commerce, Industry and Trade and a Nigerian businessman and his wife, arrested for corruption-related offences. Now a crucial member of the newly-launched tripartite team, some have argued that to ensure its independence, the team requires a fearless leader and the ability to say ‘No’. This writer welcomes the fact that the new task team will report directly to the PM provided, humbly and respectfully, the PM takes the earliest opportunity to put to bed the issues still not satisfactorily answered after his appearance before the PAC when he was still CEO of the NDMA. A key part of the tripartite team, now with the visible support of the Minister of Justice and Constitutional Affairs, Prince Simelane, the ACC should now be more able to properly fulfill its mandate, because it now has credibility, inclusivity and hopefully a new confidence that it has the visible support it needs, to start dealing with the backlog of circa 200 cases, which hopefully represent a cross-section of Eswatini society.

Launch

The PM’s recent launch of the Anti-Corruption Task Team is, therefore, welcomed, populated by individuals with the moral courage and the necessary political will to act decisively in fighting corruption, to ensure that corrupt individuals are brought to justice and are dealt with according to the law. Because the road ahead for the task team is not going to be easy. The writer suspects that it will face many challenges to include willful obstruction, likely verbal intimidation and possibly even death threats from those ‘bobhabuli’, both within and outside of Parliament who now have most to lose (including their freedom). The writer was just a little surprised that the auditor general was not included as part of the new task team.

Instruct

Humbly and respectfully, I would invite the PM to now instruct his minister of Finance to drive forward soonest with the publication of the independent forensic audit into the financial irregularities surrounding the failed Nhlangano/Sicunusa road project. An independent forensic audit, which in many ways, will now be a test case and political barometer as to whether the Anti-Corruption Task Team can be effective. As PM Dlamini remarked during the dinner following the official State opening of the first session of the 12th Parliament ‘it is now time to deliver’. But, the newly established task team needs to be given time. In my opinion, it is much too soon to make comparisons with the ineffective Anti-Corruption Task Team established by the late Prime Minister Sibusiso Barnabas Dlamini. I wish the new PM and his new task team every success and hope, for the sake of all emaSwati, that His Majesty does not find it necessary to again repeat the same message at the State opening of the second session of the 12th Parliament.