AG ALLOWED ME TO TAKE PICS OF FORENSIC REPORT - ASHRAFF

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.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: