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.
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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