HONEYMOON IS OVER FOR CORRUPTION

Madam,

When taking questions from the media, after delivering his year-end progress report on the current administration’s performance during his first full year in office, Prime Minister Russell Dlamini took the opportunity to emphasise the need to exercise caution in the handling of cases of alleged corruption. The prime minister’s sent a warning against making accusations of corruption when there is no real compelling evidence to substantiate the allegations. He also spoke about the need for all anti-corruption entities to proceed with a degree of caution, in view of the reputational damage that can be done to an individual by any unproven allegation of corruption which is not evidence based.

While I would not disagree with the prime minister’s call to proceed with a degree of caution, there is also the well-established legal maxim that  says ‘justice delayed is justice denied’. A phrase used by the civil rights leader Reverend Martin Luther King Jr in his ‘Letter from a Birmingham jail’ during the height of the civil unrest in the deep south of the United States in the 1960s.

A legal maxim which suggests that if legal redress is available, but is not forthcoming in a timely manner, it is effectively the same as having no remedy at all. Because when justice is not forthcoming, it can lead to a loss of confidence in the judicial system and a loss of faith in the fight against corruption. However, it is also accepted that too hasty a rush to reach a judgement can also lead to an unjust outcome.

Decisions

So the prime minister is right to caution against hasty decisions in the name of expediency. But where there is convincing evidence in support of the allegations made, then it is respectfully suggested, the appropriate action needs to be taken in a timely manner. The legal maxim also offers an effective response to the current perception that government is acting too slowly in addressing the issue of corruption. The reasons for any lengthy delay include, but are not limited to, a lack of adequate resourcing the complexity of the case corruption being viewed as a cultural norm and an overburdened or captured judicial system.

Ministerial

However, if the reluctance on the part of government to take forward an allegation is based on a lack of appetite at ministerial level because it implicates ‘bobhabuli’, then clearly there is a credibility issue and no amount of political rhetoric will change the nation’s perception that there is no real desire to convict. The too long delayed response from government to the findings of the independent forensic audits on the ICC/FISH capital project and the Nhlangano-Sicunusa Road project is a case in point and will be a barometer on the future direction of travel.

Implications

It will require integrity, courage and a certain tenacity and as the prime minister quite rightly pointed out, it must be supported by visible action that all corrupt individuals are being brought to book and are dealt with according to the law. The implications of a lack of action for the rule of law are not good because, as the prime minister also pointed out, it makes it very difficult for the State to function and for the economy to thrive due to poor service delivery. It also reduces the number of new job opportunities and impacts in a negative way on international investor confidence.

So, as we enter the new year, what additional measures in addition to those already being taken, are available to the prime minister to promote a greater transparency, accountability and better governance in the fight against corruption? The setting up of the Anti-Corruption Task Team was most certainly a positive step in the right direction, but in the absence of a regular update it is difficult for the nation to appreciate what progress is really being made in the fight against corruption. The need for confidentiality is fully understood whilst investigations are ongoing, but there is perhaps a need for the task team to raise its profile in 2025.

Mandate

And to explain in more detail what exactly has been achieved, against its key mandate of investigating allegations of corruption; prosecuting cases implementing preventative measures and strengthening the legal framework, to effectively address corruption. It is respectfully suggested that there may be value in a quarterly update, even if the report needs to be heavily redacted. Transparency and accountability are essential in developing public trust, which will not only result in a greater willingness to support the fight against corruption, but might also encourage reluctant ‘whistleblowers’ to come forward with credible information.

Fighting corruption is a real challenge for all and has to be demonstrated by visible action and evidenced by an increase in the number of successful convictions in 2025.There also needs to be more meat on the bones on the progress being made by the under resourced Anti-Corruption Commission (ACC). The fact that the ACC has closed the year with 285 cases being investigated; with several warrants of arrests being issued, but with only six arrests and with only about 37 (13%) being processed to date through the court system, tells the nation very little.

It is to be welcomed that 10 police officers are to be earmarked for deployment to the ACC, to assist in the investigation and ultimate prosecution of the corrupt. In addition to requesting technical assistance from the international community to strengthen the investigation and prosecution capacity of the country’s anti-corruption entities, the prime minister might also want to bear in mind that there are other resources at his disposal in-country with the necessary skill set.

Instrumental

They have already been instrumental in collating credible evidence of extortion and corruption in local government on the part the current mayor/chairperson of one town council, which the ACC is now actively taking forward. The prime minister might also want to revisit the reasons for the seemingly absent real desire and apparent inertia, on the part of some cabinet members to address corruption head-on. He could reinforce the need for individual ministerial responsibility and by re-energising the collective cabinet response to corruption in 2025, if he is going to change the narrative that nothing is really going to be done.

Speaking about corruption, but without actually doing enough about it, is worse than corruption itself. It only exacerbates the problem, because those ‘untouchables’ who are corrupt gain confidence from the fact that they will always be protected and escape punishment for their actions.If cabinet ministers are genuine in their commitment to support the prime minister in his stated desire to eradicate corruption, by turning their words into meaningful actions, then they may wish to take the lead from the Minister for Information, Communications and Technology, Savannah Maziya, who, very soon after her appointment, took the strategic decision not to overburden an under-resourced ACC, but instead chose to restructure the Royal Science and Technology Park (RSTP). It might have ruffled a few feathers at the time, but was also perhaps a clear statement of intent on the need to respond quickly and effectively to any allegations of corruption within the RSTP.

Reason

For whatever reason, not all cabinet ministers have chosen to follow her example by taking ownership of the problem within their respective portfolios.The minister for health may have decided to leave it to the ACC to investigate the well-documented drugs shortage, but he still has an important role to play in controlling the narrative.  By releasing the full report compiled by Funduzi Forensic Services, which identifies individuals and entities implicated in the collapse of the public health sector. Rather than allowing others to control the narrative, by using a recent press interview and follow up press statement to discredit the forensic report; by accusing health officials of dishonesty and by deciding not to supply drugs to the Ministry of Health – in effect holding the nation to ransom.

The minister for housing and urban development may have decided to leave it to the ACC to investigate the evidenced-based allegations of extortion and corruption in local government, but he still has an important role to play by using the existing legislative powers given to him, to address the credible allegations of election fraud and ‘cash for votes’ in local government, in the selection and appointment of at least one elected town councillor.  The decision he took instead to delegate responsibility to investigate the matter of election fraud to the ACC, has left a very sour taste in the mouth of the local residents and ratepayers.

Eradication

A cabinet minister who is genuinely committed to the eradication of corruption, will take full ministerial responsibility to resolve any evidence based allegation in a speedy manner. The evidence to date would seem to suggest the need for all cabinet ministers to be further sensitised on the severity of the problem; to report back to the prime minister in a timely manner on a regular basis on what exactly has been achieved on an individual basis and what further steps each proposes to take in the fight to combat corruption, within their area of responsibility.  The honeymoon period is clearly now over for some newly-appointed cabinet ministers.Because all the evidence is pointing to the fact that not all cabinet ministers are showing the same level of commitment in support of the very clear ‘nkwe’ directive, to eradicate all forms of corruption without fear or favour.
MCD

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