MBABANE – Insufficient evidence has reportedly led to Chief Justice Bheki Maphalala dismissing applications for warrants of arrest against two senior government officials and a prominent businessman.
The application had been filed by the Anti-Corruption Commission (ACC) following investigation into acquisition and distribution of medicines to public health facilities in Eswatini. In dismissing the application, the chief justice found that there was no prima facie evidence warranting the granting of such orders
In law, prima facie means based on the first impression; accepted as correct until proved otherwise.
Investigations by this publication revealed that the warrants of arrest against the trio stemmed from the Forensic Audit Report on the Acquisition and Distribution of Medicines to Public Health Facilities in Eswatini.
Their alleged links to the corruption associated with the country’s drugs shortage were uncovered by the ACC, which worked jointly with the prosecution.
The two agencies reportedly gathered what was deemed to be concrete evidence to arrest the trio. However, after reviewing the application, the CJ found that there was no evidence warranting their arrest.
In its application, the ACC had outlined a number of reasons why it believed the trio had a case to answer, including the evidence it had to warrant the arrest of the implicated individuals.
Applications for warrants of arrest or search and seizure filed by the ACC can only be issued by the CJ. The ACC had filed an ex parte application—a legal request made by one party without giving notice to the other—seeking the arrests of the two high-ranking civil servants and the prominent businessman in connection with a countrywide drug scandal.
An ex parte application is a legal request made to a court by one party in a case without giving notice to or including, the other parties.
This type of application is an exception to the standard legal principle of due process, which requires all parties to be notified and given a chance to be heard before a court makes a decision.
As an ex parte application bypasses this fundamental right, these applications are typically granted only in emergency situations where immediate action is necessary to prevent irreparable harm or danger.
The CJ’s ruling follows a previous order that authorised the ACC to conduct a search and seizure at the premises of the two high-ranking government officials and the astute businessman, who are reportedly implicated in the Funduzi Forensic Report. In their application for the arrests, the ACC had stated its belief that there was overwhelming evidence. However, the court concluded that the evidence presented did not meet the prima facie standard.
In light of these developments, this publication sought ACC Director Jabu Phakathi for comment and she said: “The law does not permit us to comment on issues revolving around ongoing investigations.”
It is worth noting that this is the second high-profile application for arrest by the ACC to be dismissed by the court for a lack of evidence.
Full article available in our paper.
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