MBABANE – Bonginkhosi Dlamini, an Assistant investigator of the Anti-Corruption Commission (ACC) wants the Judicial Service Commission (JSC) to take action on acting Commissioner, Maphevu Mkhatshwa.
In a letter dated November 20, 2025, and reflecting the JSC stamp for November 24, 2025, Dlamini said he was submitting the formal complaint in terms of Section 6 (1) (b) as read with Section 6 (2) of the Prevention of Corruption Act, 2006, which mandates the JSC to investigate any statement of misconduct referred to it.
The object of the aforementioned Act is to investigate and punish corrupt activities, establish the ACC and provide for other matters incidental to the prevention of corruption.
The section cited by Dlamini talks about the vacation of office for the commissioner and deputy of the ACC.
It mentions that these commissioners may resign from office by written notice addressed to the chairman of the JSC and be removed by the King from office for inability to perform the functions of the office, whether such inability arises from infirmity of body or mind or any other cause or for stated misconduct.
The clause that Dlamini has cited stipulates that the statement of misconduct referred to shall be referred to the JSC, which shall investigate the matter.
Giving a background of the matter, he said on or about May 22, 2024, he lodged a written complaint with Mkhatshwa reporting alleged corrupt conduct by a senior officer of the commission.
He said despite the clear statutory duties imposed by Section 10 (2) and 10 (3) of the Prevention of Corruption Act, 2006, Mkhatshwa has allegedly failed to open an inquiry.
He said Mkhatshwa has also allegedly failed to conduct or cause to be conducted any investigation.
Also, he alleged that Mkhatshwa failed to inform him, in writing, of any decision regarding the complaint.
“Section 10 (2) permits the commission to decline to investigate a complaint when it is trivial, frivolous, vexatious or not made in good faith. Section 10 (3) obliges the commission to inform the complainant in writing whenever it declines to investigate-even if it does not assign reasons,” reads part of the letter of complaint written by Dlamini.
He said to date, more than a year has elapsed since his complaint was lodged, and Mkhatshwa has allegedly not taken any action whatsoever. This complete inaction, he claimed, constitutes gross dereliction of statutory duty, inability or refusal to perform the functions and misconduct as provided for under Section 6 (1)(b) of the Prevention of Corruption Act.
“The acting commissioner’s failure is particularly serious because the complaint concerned alleged corruption by a senior officer within the commission itself, where independence, responsiveness and strict compliance with the law are essential to public confidence,” Dlamini stated in his letter.
He said he was, therefore, requesting that the JSC should register his complaint as a statement of misconduct against Mkhatshwa in terms of Section 6 (1)(b).Dlamini also wants the JSC to initiate and conduct an investigation into Mkhatshwa’s failure to comply with Section 10 (2) –(3) of the Prevention of Corruption Act.
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