MBABANE – The cat may be out of the bag.
Perhaps, some people may be interested in knowing exactly or precisely what quality of prima facie evidence was sought from the Director of Public Prosecutions (DPP) during the application for warrant of arrests for three individuals.
The DPP initially claimed in court that a warrant for the arrest of three individuals was justified based on the assertion that ARV drugs valued at E646 604 745.36 had not been delivered to the procuring government.
However, during the proceedings, contradictions emer-ged.
Sources close to the matter say by the end of the arguments, it was revealed to the court that drugs worth E644 420 603.40 had actually been delivered, indicating that only E2 183 941.80 worth of drugs were unaccounted for.
This revelation contradicted the initial claims and highlighted the uncertainty surrounding the case. As a result of these conflicting figures, the court was faced with the dilemma of three different amounts: E646 604 745.36 in drugs purportedly not delivered – E644 420 603.40 in drugs that were confirmed delivered – E2 183 941.80 that remain undelivered
It has been established that the court asked for prima facie evidence for the E2 183 941.80 worth of drugs.
This evidence, according to well-placed sources, did not satisfy the court as this raised doubt about the credibility of the evidence.
A credible source revealed that indeed after debate part of the summary read: “Counsel for the applicant when presenting a summary of his submission conceded that the total amount paid to the supplier which was the procurement of ARVs was E646 604 745.36.
“The DPP further conceded the amount of ARVs delivered was E644 420 603. There was only a shortfall of E2 183 941.
“However, there was no evidence that the drugs amounting to E2 183 941 were not delivered.
“Accordingly, there was no prima facie evidence for the commission of the offence.”
This newspaper decided against telephoning the concerned parties as they are still awaiting judgment on the case.
Within the court precincts, Eswatini News was made to understand that judicial officers have the obligation to determine whether there is prima facie evidence or not.
On Monday, the Times of Eswatini reported that insufficient evidence reportedly led Chief Justice, Bheki Maphalala, to dismiss applications for warrants of arrest against three individuals.
It was reported that the application had been filed by the Anti-Corruption Commission (ACC) following investigations into the acquisition and distribution of medicines to public health facilities in Eswatini.
In many occasions, it has been learnt that courts have been reduced to rubber stamps. For unlawful arrests, the Royal Eswatini Police Service (REPS) has been facing a bill of over E100 million in lawsuits for unlawful arrest and detention.
Our sister publication, the Times of Eswatini published articles highlighting cases where the Eswatini police faced or are currently facing lawsuits for wrongful arrests, with claimants seeking millions of Emalangeni in damages for pain, suffering and deprivation of liberty.
Examples include a case where a plaintiff sought E4 053 000 in damages and another where a plaintiff was awarded E280 000 for unlawful arrest and detention.
It is said that the lawsuits stem from allegations of police misconduct and infringement of citizens’ rights, with a higher burden on the defendant to justify the legality of an arrest when a claim of wrongful arrest is made.
In South Africa, National Police Commissioner General Fannie Masemola expressed concern over arrests without concrete evidence.
The South African Police Service (SAPS) paid at least R600 million in civil claims during the previous financial year.
Making this revelation, Masemola also sought to clarify 4 000 claims for alleged unlawful arrests and the reported E2 billion in potential payouts for the 2023/24 financial year.
The police’s legal division is thoroughly interrogating the merits of each case, he said, and no payouts have been made to these litigants yet.
“Each case is treated on its merits, which will determine if the police need to settle or defend the matter,” Masemola said.
On another note, unrelated to the court case, the Ministry of Health reported ongoing systemic challenges threatening the reliable supply of essential medicines, vaccines and health technologies across Eswatini’s public sector, despite years of reform and investment.
Full article available in our publication.
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