SWAZILAND ‘RIDDLED WITH CORRUPTION’

Swaziland is riddled with corruption in both private and public places, according to a new report. Public officials take bribes to avoid regulations and the law, it states.

‘The results of grand corruption are there for all to see in the ever increasing wealth of high-level civil servants and officers of state,’ the report from the Open Society Initiative for Southern Africa (OSISA) states.

It adds, ‘For a long time the police, the Ministry of Finance, the Ministry of Commerce, Industry and Trade as well as the Department of Customs and Excise have often been implicated in corrupt practices.’

It gives many examples including the case of the government propaganda organisation Swaziland Broadcasting and Information Service (SBIS) where E 1.6 million (US$120,000) was paid to service providers for the maintenance of a machine that was neither broken nor in use.  The officer who authorised the bogus job cards has since been promoted and transferred to another government department. 

The report called The effectiveness of anti-corruption agencies in Southern Africa states, ‘This type of behaviour is common albeit covert and therefore difficult to monitor as goods and services are undersupplied or rerouted for personal use. The results of grand corruption are there for all to see in the ever increasing wealth of high-level civil servants and officers of state.’

It adds, ‘It has been suggested that Swaziland has no less than 31 millionaires who are junior government officials. In 2005, the then minister of finance Majozi Sithole estimated that corruption was costing the Swazi economy approximately E40 million a month.’

The report authored by Maxine Langwenya states, ‘Poor people who suffer as a result of corruption took the minister’s statement as confirmation of the extent to which the country was being driven to bankruptcy through corrupt activities. The corrupt public officials thought the minister was exaggerating the extent of corruption while academics were sceptical of the statement as the minister did not provide a basis for his assertion. 

‘The minister’s statement was significant in so far as it highlighted the fact that the economy of the country was being undermined by corrupt activities.’

The report states, ‘In the past, ministers have been found by a parliamentary select committee to have acted in a manner that is tantamount to theft of state property. The ministers had allocated themselves and subsequently “bought” land belonging to the state at ridiculously low prices without competing with other would-be buyers. The land was given to the ministers at below market value.’

The matter was never pursued by the Anti-Corruption Commission.

The report goes on, ‘In 2015 Judge Mpendulo Simelane stated that he had been approached by the former Minister of Justice Sibusiso Shongwe and told that judges could and should make money from cases over which they presided. The then Minister of Justice is then said to have asked the Judge to preside in a case of wealthy business people who were suing the Swaziland Revenue Authority for goods they had imported. The then Minister is said to have told the Judge that the business people were willing to pay about E2 million for help in winning the case. 

‘Shongwe suggested that Simelane should preside in the case and explained how the E2 million would be shared between the parties. Simelane and Shongwe were subsequently arrested by the Anti-Corruption Commission and charged with corruption but charges were subsequently dropped against Simelane. Simelane remains on suspension while Shongwe is presently out on bail. This case illustrates how the Swazi justice system was abused to settle political scores and make it complicit with the actions of corrupt public officials.’

See also

EX-JUSTICE MINISTER ARRESTED AGAIN

http://swazimedia.blogspot.com/2015/08/ex-justice-minister-arrested-again.html

‘SWAZI EX-JUSTICE MINISTER TOOK BRIBE’

http://swazimedia.blogspot.com/2015/06/swazi-ex-justice-minister-took-bribe.html

ANTI-CORRUPTION DEPUTY CHARGED

http://swazimedia.blogspot.com/2015/08/anti-corruption-deputy-charged.html

EX-JUSTICE MINISTER ARRESTED AGAIN

Swaziland’s former Minister of Justice and Constitutional Affairs Sibusiso Shongwe has been arrested on charges of corruption and extortion.

Shongwe who was sacked from his job in April 2015after being arrested on corruption charges is alleged to have committed the offences while still a Cabinet minister.

He was charged with Sandlane Zwane, a businessman. Shongwe is charged on six counts including extortion, corruption and obstruction of justice.

The two appeared before Mbabane Principal Magistrate Nondumiso Simelane on 19 August 2015. Later, they were allowed bail at E50,000 (US$5,000) each.

Shongwe is currently also on bail on separate charges under the Prevention of Corruption Act, including defeating or obstructing the course of justice, fraud and theft. 

According to a report in the Swazi Observer newspaper the charges are as follows

Count 1(Accused 1 and 2)

The accused are guilty of contravening Section 42 (1) (a) read with subsections (2) (a) (i), (b)(i) and (iii), (c) and (d) as read together with Section 35 (1) of the Prevention of Corruption Act No. 3 of 2006. 

In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused acting individually and/or jointly and in furtherance of a common purpose did unlawfully demand and/or accept money amounting to E62 000 (US$6,200) from Jose Emidio Rodrigues for their benefit and through their illegal and dishonest manner amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give them the said amount of money and thus did thereby contravene the provisions of the said Act.

Count 2(Accused 1 and 2)   

The accused are guilty of contravening Section 42 (1) (a) read with subsections (2) (a) (i), (b)(i) and (iii), (c) and (d) as read together with Section 35 (1) of the Prevention of Corruption Act No. 3 of 2006.

In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused acting individually and/or jointly and in furtherance of a common purpose did unlawfully demand and/or accept money amounting to E600 000 from Jose Emidio Rodrigues for their benefit and through their illegal and dishonest manner amounting to the abuse of their respective positions of authority and violation of their legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give them the said amount of money and thus did thereby contravene the provisions of the said Act.

Count 3 (Accused 1 Only: Shongwe)

The accused are guilty of contravening Section 30 (1) (a) and (b) read with subsections (c) (i), (d)(i) and (iii), (e) and (f) as read together with Section 35 (2) of the Prevention of Corruption Act No. 3 of 2006.

In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused being a politician did unlawfully demand and/or accept or agree and/or offer to accept money amounting to E60 000 from Jose Emidio Rodrigues for his benefit in order to assist the said Emidio Rodrigues with his criminal case and through his illegal and dishonest manner amounting to the abuse of his position of authority and violation of legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give him the said amount of money and thus did thereby contravene the provisions of the said Act.

Count 4 (Accused 1 Only: Shongwe)

The accused are guilty of contravening Section 30 (1) (a) and (b) read with subsections (c) (i), (d)(i) and (iii), (e) and (f) as read together with Section 35 (2) of the Prevention of Corruption Act No. 3 of 2006.

In that upon or during the period between the months of October 2014 to March 2015 and at near Mbabane in the Hhohho Region, the said accused being a politician did unlawfully demand and/or accept or agree and/or offer to accept money amounting to E60 000 from Jose Emidio Rodrigues for his benefit in order to assist the said Emidio Rodrigues with his criminal case and through his illegal and dishonest manner amounting to the abuse of his position of authority and violation of legal duties or set of rules in a design to achieve an unjustified result and amounting to an improper inducement of the said Rodrigues to give him the said amount of money and thus did thereby contravene the provisions of the said Act.

Count 5 (Accused 1 and 2)

The accused are guilty of crime of Extortion. 

In that upon or during the period between the months of October 2014 to March 2015 and at or near Mbabane in the Hhohho region, the said Accused 1, who was at all material times the Minister for Justice and Constitutional Affairs for the Kingdom of Swaziland acting individually and/or jointly and in furtherance of a common purpose with Accused 2 did unlawfully and intentionally inspire fear in the mind of Jose Emidio Rodrigues who was and still is an accused person in a pending criminal trial by threatening and informing him that a judgment to find him guilty and a custodial sentence was already in place, unless the said Jose Emidio Rodrigues paid the said accused Money amounting to E600 000 thereby unlawfully and intentionally extorted E62 000 and obtained from the said Jose Rodrigues.

Count 6 (Accused 1only: Shongwe)

The accused is guilty of crime of attempting to defeat or obstruct the course of Justice.

In that whereas one Jose Emidio Rodrigues is an accused and Fraud in High Court Case No.242/2013 which is pending and to the knowledge of the accused, the said Jose Emidio Rodrigues was so charged, the said accused did on or around the months of November 2014-January 2015 and at Mbabane, Unlawfully and with the intent to defeat or obstruct the course of justice, request the Director of Public Prosecutions to drop the charges against the said Jose Emidio Rodrigues and turn him into a state witness and whereas when the said accused made the said request, he purportedly made it on behalf of Rodrigues, when in fact he had not been so instructed as aforesaid but was on his own unlawful mission. In the premises the said accused did commit the crime of attempting to defeat or obstruct the course of justice.

See also

‘SWAZI EX-JUSTICE MINISTER TOOK BRIBE’

http://swazimedia.blogspot.com/2015/06/swazi-ex-justice-minister-took-bribe.html

EX-SWAZI CHIEF JUSTICE REPORT LEAKED

Swaziland’s sacked Chief Justice Michael Ramodibedi was ‘generally corrupt’ and acted in a ‘highly disreputable way’, an official report leaked to a South African newspaper has revealed.

Ramodibedi was sacked by King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, after three charges of abuse of office were found against him.

Ramodibedi had barricaded himself in his home in the Swazi capital Mbabane for 38 days after an arrest warrant was issued.

Eventually, the Swazi Judicial Service Commission (JSC) heard a case against Ramodibedi in his absence and found him guilty.

The charges were:

1. Abuse of office – In the allocation of the Swaziland Revenue Authority (SRA) matter which was heard to hear a case brought by Ramodibedi  against the SRA for taxing his gratuity to the amount of E128 000 (US$12,800).

2. Abuse of office – In the hearing of the Impunzi Wholesalers (PTY) Ltd v The Swaziland Revenue Authority, in which it is alleged wealthy businessmen offered judges E2 million to help them win their case against the SRA involving the importation of goods into the kingdom.

3. Abuse of office in order to achieve an ulterior motive – In the hearing of the Estate Policy matter, where it is alleged Ramodibedi appointed three acting High Court judges to hear the case when their terms of office had expired.

The Mail and Guardian newspaper revealed a report by the Swazi Judicial Service Commission (JSC) which has not been officially released also said Ramodibedi had threatened to shoot at police if they tried to arrest him at his home.

The JSC report found Ramodibedi:

·         ‘Had “a generally corrupt relationship” with the former Swazi justice minister, Sibusiso Shongwe, who has also been sacked and charged with corruption. When Shongwe was arrested, investigators found a high court file relating to the application for a warrant of arrest against him. “Evidence tendered … in a bail application revealed that the file had been given to Shongwe by the registrar of the high court on the instruction of the chief justice,” the JSC noted;

·         ‘Appointed another judge, Mpendulo Simelane, to hear Ramodibedi’s personal dispute with the Swaziland Revenue Authority (SRA) over the taxation of a gratuity, knowing Simelane was conflicted. His aim, it says, was “unlawfully to obtain a judgment in his favour from the [SRA] … in an amount of R128 800”;

·         ‘Acted in a “highly disreputable way” by reinstating an application in an estate policy dispute, although it had been withdrawn. His aim was to serve the interests of Shongwe, a respondent. He had also allowed Shongwe to address the judges presiding over the matter; and

·         ‘“Employed all delaying tactics” to stall the impeachment process, including bringing four court applications aimed at forcing the commission JSC to recuse itself.’

The JSC also criticised Ramodibedi’s role in presiding over a dispute between the SRA and Impunzi Wholesalers over duty on imported blankets, while he was in conflict with the revenue authority.

The newspaper reported that Shongwe told him ‘a wealthy businessman’ was willing to hand over R2 million (US$200,000) – R200,000 for Simelane, R500,000 for Ramodibedi and the balance for the minister – ‘if we can help them win the case’.

Ramodibedi allegedly insisted Simelane should be part of the supreme court bench that was to hear an appeal in the matter. This was despite the latter’s protests that he was not eligible for appointment to the supreme court.

Following the JSC hearing King Mswati fired Ramodibedi on 17 June 2015.

Ramodibedi who is a native of Lesotho was allowed to leave Swaziland following his sacking and is now believed to be living in Ladybrand in the Free State, South Africa. The arrest warrant was subsequently reissued.

See also

SWAZI CHIEF JUSTICE’S HISTORY OF ABUSE

http://swazimedia.blogspot.co.uk/2015/06/swazi-chief-justices-history-of-abuse.html

‘SWAZI EX-JUSTICE MINISTER TOOK BRIBE’

Sibusiso Shongwe took a bribe when he was still Swaziland’s Justice Minister and he tried to entice a High Court Judge and the Chief Justice Michael Ramodibedi to also take bribes, a top Swazi judge and a senior judicial officer have testified under oath.

Their evidence was given at the Judicial Service Commission (JSC) hearing into Chief Justice Ramodibedi’s alleged misuse of power. 

Evidence from suspended High Court Judge Mpendulo Simelane and High Court Registrar Fikile Nhlabatsi was presented to the JSC hearing on Tuesday (9 June 2015). Ramodibedi was charged with three counts of misuse of office. He did not appear at the hearing and his side of the story was not given. 

The case was concluded in his absence. King Mswati III, Swaziland’s absolute monarch, will decide what happens next.

The alleged bribery concerned a case involving Impunzi Wholesalers and the Swaziland Revenue Authority (SRA). The SRA demanded Impunzi paid about E10m (US$1 million) duty for goods imported from China. It said Impunzi has been declaring the goods at US$1.50 per item instead of US$14.50 thereby cheating the SRA of millions of Emalangeni. 

According to an account published in the Observer Sunday, a newspaper in effect owned by King Mswati III, ‘Suspended Judge Mpendulo Simelane has revealed how Shongwe summoned him to his home early in the morning, where he told him of wealthy businessmen operating Impunzi Wholesalers who were willing to pay out E2m [US$200,000] if they were helped to win the case against SRA.

‘Mpendulo said the ex-minster promised him a cut of E200,000 if he agreed to preside over the matter and that the chief justice would get a share of E500,000 while Shongwe would keep the remaining E1.3m.

‘The judge said he refused to be part of the scheme, citing religious convictions and legal ethics as his reasons.

‘“I told him that I do not accept bribes and that this borders on corruption. He further told me that he had discussed the matter with the Chief Justice and that he should allocate the case to me. I refused the offer and left his house and proceeded to work,” said Simelane in his affidavit submitted to the Judicial Service Commission.’

The newspaper added, ‘Moments later, Simelane was called by Ramodibedi who told him he had been allocated the Impunzi case but he claims to have politely turned the CJ down by citing a congested diary. The case was eventually allocated to Principal Judge Stanley Maphalala – something that did not go down well with the former minister, who feared that the judge would not give the ruling he desired.’

The newspaper reported Swazi High Court Registrar Nhlabatsi said she was summoned to Shongwe’s law firm offices at Eveni, where he found him with two Chinese nationals and they were talking about the Impunzi case.

The newspaper reported, ‘She said she was ordered to ask the judge to finalise the matter pronto but when the judge issued his ruling, it was in favour of SRA – as feared by Shongwe.

‘The matter then went to appeal and that is where the scales were swayed to favour Impunzi.

‘First, Simelane was illegally sworn in as acting judge of the Supreme Court so as to preside over the matter together with Ramodibedi and current acting CJ Bheki Maphalala.

‘The first hearing of the matter was postponed and when it returned, Simelane had been replaced with Judge Jacobus Annandale.

‘Ramodibedi, who the minister said stood to benefit E500 000 if Impunzi won, was now part of those to decide the matter.

‘Indeed, Impunzi won the case and it later emerged that E2 million had been deposited into a trust account of Shongwe’s law firm and he was the sole signatory of the account. The money was deposited into the trust account on December 17 and 19, 2014 in two separate amounts of E1 million cash. 

‘The dates show that the first deposit was made a day before the matter was due to be heard by the High Court, where Shongwe and Ramodibedi intended for Simelane to preside over it.

‘When the E2m was uncovered by the Anti-Corruption Commission (ACC), which then sought an arrest warrant for Shongwe, Ramodibedi blocked every attempt to have the ex-minister arrested.

‘He said “an arrest cannot be done against His Majesty’s sitting minister without proper clearance”, and ordered that no other judge should deal with the matter without his authorisation.

‘It was also claimed that the money belonged to clients of Shongwe’ law firm, but it later emerged that he had used part of it to settle personal financial obligations such as paying for household furniture.

‘Seeing the net hovering above him, Shongwe tried to pay an amount of E900,000, from the E2m, to the SRA, allegedly on behalf of Impunzi but the SRA was advised by the ACC not to dare touch that money because it was under investigation.

‘Despite the CJ’s efforts, Shongwe was eventually arrested and is currently languishing in prison facing two counts; one of refusing to divulge information to the ACC about money deposited into his law firm’s account and also the theft of a file at the High Court. He was charged with contravening the Corruption Act.’

See also

CHIEF JUSTICE RUNS TO SUPREME COURT

http://swazimedia.blogspot.co.uk/2015/06/chief-justice-runs-to-supreme-court.html

 

CHIEF JUSTICE CASE HEARD IN HIS ABSENCE

http://swazimedia.blogspot.co.uk/2015/06/chief-justice-case-heard-in-his-absence.html

SWAZI CHIEF JUSTICE FIGHTS FOR HIS JOB

http://swazimedia.blogspot.co.uk/2015/06/swazi-chief-justice-fights-for-his-job.html