Home News Insufficient evidence to arrest three top officials
News

Insufficient evidence to arrest three top officials

Share
Chief Justice Bheki Maphalala dismissed applications for warrants of arrest against two senior government officials and a prominent businessman. (Pic: Sourced)
Share

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.

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

‘Cat’ Matlala ID saga: Home Affairs official dismissed

MBABANE – Nonhlanhla Malambe, the Home Affairs official found guilty over the issuance of Eswatini national documents to Vusimuzi ‘Cat’ Matlala, has been...

 MaMkhize absent as Eswatini team suffer 2nd  defeat

NHLANGANO – Mbabane Highlanders AM suffered another painful defeat without President Shauwn ‘MaMkhize’ Mkhize in the stands, as Nsingizini Hotspurs edged them 1-0...

Ex-magistrate, another allegedly disobey court orders

MBABANE – Jail time has been sought for former Magistrate Dumisani Magagula and an individual with whom he is alleged to have disobeyed...

10-litre container of drugs allegedly found with clinic guard

VUVULANE – Community members reportedly recovered a 10-litre container of medication from a security guard at Vuvulane Rural Clinic, raising concerns of theft....

Indlovukazi arrives in UAE for official visit

Her Majesty Indlovukazi has arrived safely in the United Arab Emirates (UAE) where she is on an official visit. Her Majesty arrived around...

Related Articles

Mpakeni Dam firm in E1.2bn bribery case

MBABANE – The company contracted to build the Mpakeni Dam through a...

King calls for universities in all 4 regions

KWALUSENI – His Majesty King Mswati III has called for more universities...

Unpaid inhlawulo sparks burial tug-of-war

Mbabane – A family dispute over the repatriation of a liSwati who...

Lavumisa town plans 354-hectare industrial park- CEO Seyama

MBABANE – Lavumisa Town Board is pursuing plans for a 354-hectare industrial...