Home | News | ACC INVESTIGATOR CHALLENGES PM, TASK TEAM IN COURT

ACC INVESTIGATOR CHALLENGES PM, TASK TEAM IN COURT

06/04/2025 16:55:00 Ntombi Mhlongo

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MBABANE – In a rather interesting twist, a suspended officer of the ACC has rushed to court to challenge the appointment of the Inter Agency Task team that was set up by the Office of the Prime Minister (PM) Russell Mmiso Dlamini to assist in the fight against corruption.

Bonginkhosi Dlamini, an assistant investigator of the Anti-Corruption Commission (ACC) who is an adult liSwati male of Madlangampisi in the Hhohho District has filed an application at the High Court and the matter is set to be heard on May 30, 2025.

Dlamini is represented by Mbabane-based attorney Happy Mkhabela of Mkhabela Attorneys. The respondents are yet to file their affidavits.

unlawful

In the application filed on Friday, the applicant wants the court to declare and set aside the appointment of the task team as he claims that it is unconstitutional and unlawful.

The claims by the applicant remain allegations, as their veracity is yet to be tested by the court of law and the respondents are yet file responding affidavits.

In the application, the PM has been cited as the first respondent, while the task team is the second.

The third respondent is the Minister for Justice and Constitutional Affairs, while the Director of Public Prosecutions (DPP) is the fourth.

In the same vein, the ACC has been cited as the fifth respondent and the attorney general (AG) the sixth.

Giving a background and context of his application, Dlamini submitted that he has been in the employment of the ACC since December 2016 as an investigator.

During this period, he submitted, he has diligently discharged his duties without incident, but that there had been organisational changes and transitions.

Dlamini said sometime on or ab-out September 5, 2024, while at his residential place in Mbabane in the Hhohho Region of Eswatini, he was arrested and charged by Principal Investigator Sifiso Clement Khumalo, who is a member of the task team established by the PM around December 2023.

He said Khumalo served him with a warrant of apprehension marked with CASE NO:582/24, (ATTACHED) signed on September 4, 2024 by the chief justice.

suspicion

In the warrant, he claimed, it was stated that from documentary evidence and information made on oath, there were reasonable grounds of suspicion and a prima facie case made against him, that he had committed a crime and contravened some sections of the Prevention of Corruption Act No.3 of 2006.

“I wish to state that the said Superintendent Sifiso Khumalo is not an employee and is not employed by the Anti-Corruption Commission and I am advised and verily believe that he has no powers to investigate and arrest in terms of the Prevention of Corruption Act,” the applicant submitted.

He said the acting Commissioner of the ACC had on record stated that the said Superintendent Khumalo is not employed by the ACC.

The applicant said it is important to state further that Superintendent Khumalo participates in the investigations and arrests on the premise of the perceived powers of the task team.

He claimed that documents annexed to his application are proof that he was investigated and consequently arrested by the newly-appointed Inter-Agency Task Team, which appears to have the PM as its de facto director.

enquiry

“I wish to inform this Honorable Court that while I am not aware of the establishing instrument of the Inter-Agency Task Team and it is important to mention to this Honorable Court that despite search and diligent enquiry for the establishing gazette, I have not been able to locate same,” the applicant submitted.

Elaborating, the applicant brought it to the attention of the court that on or about December 23, 2023, the PM announced the establishment of the Inter-Agency Task Team.

Subsequently, he said, sometime on or about the October 9, 2024, he received a letter suspending him from work and has remained on suspension since that period.

Bonginkhosi said he has been advised and verily believes that the PM acted ultra vires, in the formulation and appointment of the task team in that he has no such powers provided for this purpose in any law or enabling statute in the kingdom to the best of his knowledge and understanding.

According to the applicant, the task team is also inconsistent with the provision of Section 162 (6)(b) of the Constitution of the Kingdom of Swaziland (Eswatini) Act of 2005, which clearly provides for the functions and powers of the office of DPP.

He said the task team is also inconsistent and in direct violation of the provisions of Section 4(4) of the Prevention of Corruption Act No.3 of 2006, which clearly states the functions and implementation of the mandate by the commissioner of ACC.

concern

“It, therefore, raises concern with respect to the manner in which the prime minister has brought under his hand and control institutions that by operation of law as contained in the Constitution are independent in the exercise of their respective mandate. Further, I am concerned by the implications of the actions of the first respondent in this regard and, especially within a climate where rumors about factions, cliques and cabals are rife”.

The applicant said he has been advised and it is his understanding that the sections he is charged under of having contravened in the terms of the Prevention of Corruption Act 3 of 2006 by the task team, are charges within the competency and powers of Commission on Human Rights and Public Administration in terms of the provisions of Section 164 (1) (b)(e)(f)(g) of the Constitution Act of the Kingdom of Eswatini.

He said the anomaly in the fact that two agencies could have solved the challenge if any, the first respondent sought to cure and that in the alternative there ought to be a definitive position as to why this anomaly is the case or same be cured.

supremacy

Also, the applicant said he has been advised and verily does believe that the Constitution of the kingdom, binds the Legislature, Judiciary, Executive and other organs and agencies of the government, with its supremacy status over statutes and any pronouncements that may from time to time be made.

Therefore, he said, he has been advised further that any law which is inconsistent with the provisions of Constitution is void.

“As an employee of the Anti-Corruption Commission and has been in the employ for seven years and currently suspended and being prosecuted pursuant to actions taken by an unconstitutional and illegal entity. Further, to that being a liSwati, I find it intolerable to see the Constitution being disregarded in this manner more so because such action has a potential of degenerating the country into a state where the rule of law is not observed and that could be viewed as an autocratic State.”

He said the conduct of the first respondent in this regard waters down the very existence of independent institutions in the country.

The applicant said it is his belief that if the Honorable Court does not grant him the relief he prays for, he will be left in the whims of those who do not respect and observe the Constitution, and he fears that he will be damned and condemned.

“I wish to state that the balance of convenience favours the granting of the relief sought here in that upholding the integrity of the Constitution will always be a positive outcome for all parties and I wish to state further that first respondent overstepped where there was no need or justification for such action,” the applicant submitted.

paramount

Furthermore, he said he wishes to state that defending his country’s Constitution and promoting and protecting same is paramount because it is the bedrock of the State system that ensures, guarantees and protects rights.

Therefore, he said, the disregard or violation of the Constitution has the negative potential to indicate, inter alia, that his right to a fair hearing and trial may also easily be violated without recourse.

The rest of the prayers by the applicant include declaring and setting aside his arrest and subsequent prosecution of as unconstitutional and unlawful.

He has also prayed for the granting costs of the application in the event the application in opposed plus further and or alternative relief.