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Monday, 24 August 2015

ANTI-CORRUPTION DEPUTY CHARGED

One of Swaziland’s top anti-corruption officers has been charged with corruption.

Anti-Corruption Commission Deputy Commissioner Lillian Xolile Zwane faces four charges. She has been released on bail.

According to a report in the Swazi Observer on Monday (24 August 2015) the charges are as follows:

Count 1 

The Accused is guilty of contravening Section 16 (a) read with (b) of the prevention of Corruption Act No. 3 of 2006. In that upon or during the period between the month of March 2012 to April 2012 at or near Mbabane in the Hhohho region, the said accused acting individually and or jointly in the furtherance of a common purpose with others did unlawfully obstruct officers from Anti Corruption Commission (ACC) in the execution of their duties of pursuing an investigation against the accused thus did hereby contravene the provision of the said Act. 

Count 2

The accused is guilty of contravening Section 42(1) (a) read with subsection (2) (a) (i), (b) (i)   and (iii),(c)  as read together with Section 35 (1) of the Prevention of Corruption Act no3 of 2006.

In that upon or during the period  between the months of March 2012 to April 2012 and at or near Mbabane in the Hhohho region, the said accused did unlawfully demand or accept  and or agree or offer to accept an advantage of having an investigation against her for corruption  allegation stopped, for her benefits and through her illegal and dishonest manner amounting to abuse4 of her position of authority  and violation of her legal duties or set of rules in a design to achieve an unjustified result  of having an investigation against her stopped and thus did hereby contravene the provision of the said Act.

Count 3

The accused is guilty of contravening Section 24 (2) as read together with section 35 (1) of the Prevention of Corruption Act no 2 of 2006. 

In that upon or during the period of March 2012 to April 2012 and or near Mbabane, Hhohho region, the said accused being a public official did unlawfully divert money amounting to E55 193.25 belonging to the Anti Corruption Commission (a government agency)  which money the said accused controlled by virtue of her position as the Deputy Commissioner, to various local print media for purposes unrelated  to the purpose  for which that money was intended for, in causing to be published a press statement on a matter personal to her and designed to serve interest of the accused , for her benefit and thus did thereby contravene the provision of the said Act. 

Count 4

The accused is guilty of crime of defeating or obstructing or attempting to defeat or obstruct the course of justice.  In that the said accused did unlawfully and with the intent to defeat or obstruct the course justice in that whereas: On or about July 2011 and at Mbabane in the Hhohho district , the then Anti Corruption Commission Commissioner Justice H.M. Mtenga, SC having dully appointed a panel of investigators to undertake  an investigation on allegation of corruption against the accused; And whereas the accused or about March 2012 and or near Mbabane in the Hhohho district caused to be stopped the said investigation and announced that she had been cleared of the allegation which were a subject matter of the investigation. Whereas this information was to the accused knowledge illegal and false and that she had not been cleared from all investigation and the investigation was unlawfully stopped. In the premises the said accused defeat or obstruct or attempt to defeat the course of justice.

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