MPS: ACC SELECTIVE, TARGETS SOME PEOPLE

MBABANE - MPs have raised issues about the alleged selective targeting of individuals in corruption cases, that while some culprits face prosecution, others remain untouchable despite engaging in corrupt activities.

The Members of Parliament (MPs) have called for a meeting with the Anti-Corruption Commission (ACC) amid allegations and controversies surrounding the agency’s operations. The Ministry of Justice and Constitutional Affairs Portfolio Committee members expressed concerns about the integrity and effectiveness of the ACC, questioning whether it can fulfil its mandate effectively.Reports surfaced suggesting nepotism within the ACC, claiming senior officials were allegedly hiring their relatives.  In addition, the MPs raised issues about the selective targeting of individuals in corruption cases, alleging that while some culprits faced prosecution, others remained untouchable, despite engaging in corrupt activities.

Doubts

The parliamentarians also voiced out doubts about the motivation and morale of the ACC staff, suggesting that these factors might be affecting the commission’s performance.  They believe that a direct dialogue with the ACC would help clarify these issues, distinguishing between factual concerns and mere hearsay. This was disclosed yesterday, when the Ministry of Justice and Constitutional Affairs was presenting its first quarter performance report for the 2024/25 financial year. The ACC recently reported that it was investigating 250 cases, but so far it had managed to make two arrests. The commission said it was investigating both low and high profile cases, without fear or favour. It was further previously reported that the ACC had inadequate resources in terms of transport, to carry out their duties, due to the fact that their vehicles broke down. The commission further reported that it is currently operating with 14 investigators.

Realisation

The Minister of Justice and Constitutional Affairs, Prince Simelane, in his preamble yesterday, told the portfolio committee that they were committed to ensuring that the justice sector contributed to the realisation of government’s key priorities. Prince Simelane said this would be achieved through implementing programmes that relate, but not limited to; enhanced access to justice for all, improved legal and policy framework, modernised justice systems, prevention of corruption and improved professional service delivery in all aspects. The minister presented some of the ministry’s achievements and various commissions, where he said in an effort to ensure equal access to justice for every citizen in the country, they prioritised the establishment of a national Legal Aid office. According to Prince Simelane, the office has assisted a total of 79 walk-in clients, who presented a wide range of legal problems, including civil, criminal, labour and administration matters.

Clients

“Among these clients, 44 were from the Hhohho Region, 26 from Manzini, four from Shiselweni, and five from the Lubombo Region,” Prince Simelane said. Adding, Prince Simelane said the Attorney General’s (AG’s) Office had attended to 387 matters in the various courts and institutions, vetted 81 agreements and provided 14 opinions during the period under review. He stated that the Office of the Director of Public Prosecutions (DPP) continued with its mandate of prosecuting crimes. He said the DPP’s Office had specialised units that focus on and keep up with new criminal trends.

“Prevalent cases which have been prosecuted in the four regions include murder, robbery, housebreaking with intent to steal, theft and assault. Most murder cases arise from violent incidents, often linked with bar brawls and there has been an observable increase related to romantic relationships. These offences are not confined to a specific region but occur nationwide,” he said. The minister went on to submit that the Commission on Human Rights and Public Administration/Integrity received 30 complaints through walk-ins, social media and telephone.

He said three complaints were referred to other agencies, seven offered legal opinions/advice and a total of 11 complaints investigated, finalised and closed. “The complaints received related to public administration, access to justice, labour issues and inheritance-related complaints.“The Human Rights Commission conducted an investigation into the matter of Mbondzela Farm in the Shiselweni Region.  The attorneys of both parties have been engaged and the situation is monitored to ensure that rights are respected.

“The Judiciary, during the period under review, has been able to deliver justice in line with the country’s laws,” the minister said. Furthermore, Prince Simelane presented to the portfolio committee about His Majesty’s Correctional Services. He said they continued to enrol inmates under several rehabilitation programmes and enhanced social reintegration programmes. He said these programmes included formal and informal education, vocational skills, psychosocial support and farming.

Farming

Prince Simelane reported that a total of 125 inmates were trained in different trade skills under the industries section, while 90 were trained in livestock farming. “Thirty-three inmates grade-tested under the Building and Maintenance Section. The Building and Maintenance Section was able to attend to plumbing and electrical faults in various Correctional centres,” Prince Simelane reported. The portfolio committee members in their submissions focused more on the ACC’s role and operations. LaMgabhi MP Sicelo Jele questioned if the ACC was capacitated to execute its duties. Jele said every individual in the country questioned the role of ACC, some allegedly saying it is toothless. According to Jele, the ACC is selectively targeting individuals in corruption cases, saying some culprits face prosecution while others remain untouchable despite engaging in corrupt activities.

He submitted that to his knowledge, everyone was equal before the law. Mayiwane MP Sicelo Dlamini said they had always relied on stories they heard about the ACC. He said it was alleged that the ACC officials used government cars to transport their girlfriends to South Africa. Dlamini said they heard stories that the senior officials allegedly hired their relatives in different positions within the ACC. According to Dlamini, a lot of issues are raised about the ACC and some have concluded that it is corrupt. He said a meeting with the ACC could help iron out some of these issues and be able to differentiate the truth from hearsay.

“What we get outside is that the ACC is corrupt itself and we ask ourselves, how they are going to deal with corruption. Are you corrupt? We do not know. But the day we sit down with you and discuss, that is when we will get the truth,” Dlamini said. He went on to state that they were looking forward to the meeting with the ACC. He explained that without having a meeting with the ACC, they would still rely on the information discussed around the country. Adding, Dlamini called on the ministry’s heads of department to take them seriously as a committee. He alleged that some departments referred to them as rubber stamps and came to them when they wanted budgets. The MP made an example of His Majesty’s Correctional Services, that called them to capacitate them on their operations.

Operations

“We were taken through their operations and we also got to understand their challenges. “The Legal Aid office also took us through their operations,” he said. Dlamini urged the heads of department to take them seriously and advised them to meet once they need something from the committee. Furthermore, he took a swipe at the Judiciary, saying they claim to be independent yet they come to report to them and also account to the Public Accounts Committee (PAC). On the same note, the Portfolio Committee Chairperson and Lobamba MP, Masilela, called for a meeting with the ACC. Masilela said in his previous term in Parliament, there were issues with the ACC and even to this date, they were still complaining about the commission. According to Masilela, there are a lot of concerns, which include unexplained officials’ trips to South Africa and complaints about senior officials allegedly hiring their relatives, among others. He stated that there were a lot of wrongs within the entity and they needed to engage.

Departments
Furthermore, Nkhaba MP Hope Shiba called upon all the ministry’s departments to engage with them, so that they could quash any hearsay. Shiba said a lot of people were allegedly complaining about the ACC.
He said there was a need to iron out the issues affecting the commission, so that it could help fight corruption in the country.
In response, Prince Simelane accepted the MPs’ suggestion of meeting the ACC and all the other departments.
Prince Simelane said when they introduced the new Principal Secretary (PS), Dorcas Dlamini, department heads were told about the portfolio committee’s request to meet the departments.
He urged the different departments to open their doors and allow engagement with the committee.

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