PARLIAMENTARIANS TO CHALLENGE POCA

MBABANE –  Parliamentarians are not happy, and have vowed to vigorously challenge the Prevention of Organised Crime Act (POCA).

They believe the Act needed to be seriously scrutinised following that, as it is, it might cause unnecessary panic. Ten MPs who spoke to the Times SUNDAY believe the Act is unfair, unconstitutional, against human rights and malicious to humanity. The MPs, for now, do not want their names published until the matter has been deliberated on in Parliament on Wednesday. They believe addressing the matter in Parliament would be safe as they will speak on point of privilege. Giving an example, the discontented MPs have pointed out that currently there are no POCA regulations or guidelines yet people are punished using the Act. Referring to the SODV Act, the legislators have argued that this is the second time government uses an Act, without regulations. They indicated that even though people are charged using the SODV Act, there are no regulations.

Ranking individuals

The lawmakers have also pointed out that without the regulations, no person should be taken to court using POCA. They have argued that as it stands, POCA is used to target certain individuals. The parliamentarians suggested that the Act must be first tested on high ranking individuals, especially those who have confessed to be millionaires yet their source of income was wanting. “We can give government a list of high ranking people whose income needed to be investigated and referred to POCA. Some of these influential people have promised to assist government build structures including roads from personal funds,” one of the MPs argued.

Another MP told the Times that the Criminal Assets Recovery Committee (CARC) needed to be investigated first, before it could be allowed to make decisions regarding asset forfeiture. 
CARC consist of Minister of Justice, Pholile Shakantu, Minister responsible for the Police, which is the Prime Minister Ambrose Mandvulo Dlamini, Minister of Finance Neal Rijkenberg, Attorney General Sifiso Mashampu Khumalo, the DPP Phila Dlamini, SRA Commissioner General Dumisani Masilela, ACC Commissioner Dan Dlamini, Police Commissioner William Tsintsibala Dlamini and Director of Intelligence Unit Fitz Graham. Section 71 of the Act states all the functions and powers of the above committee. The section reads; “(1) the committee may make recommendations to Cabinet concerning the – (a) policy to be adopted concerning the confiscation, forfeiture and realisation of property and the transfer of that property to the Fund in terms of this Act or any other Act; (b) allocation of property and moneys from the Fund to specific law enforcement agencies; (c) allocation of property and moneys from the Fund to any institution, organisation or fund contemplated in Section 70 (c) and (d) allocation of moneys for the administration of the Fund.”
However, the MPs have argued that for fairness purposes, the above committee needed to have their assets checked, investigated and cleared.

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