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Sunday, 17 May 2015

IMPOUNDED KING’S JET FINALLY RELEASED



King Mswati III of Swaziland’s private luxury jet, impounded by a court in Canada in a dispute over alleged unpaid debts, has been released after the Swazi Government paid US$3.5 million as a financial guarantee for the King.

The money was finally confirmed as deposited on 13 May 2015 after nearly a month of wrangling. It has not been independently verified but it has been reported that the Swazi Government, which is broke, had trouble raising the necessary money, which is about E35 million in emalangeni, the Swazi local currency.

To put this sum into context, the European Union gives Swaziland about E20 million a year to pay school fees for all children in grade one at Swaziland’s 588primary schools, as part of the kingdom’s free primary education programme.

The plane is believed to have left Canada on Friday (15 May 2015).

The jet had been attached in Ontario, Canada, by a court since January 2015 in a dispute about unpaid bills for upgrades and modifications to the McDonnell Douglas DC-9 (also known as an MD-87).

A company called SG Air has taken Inchatsavane, a Swaziland-based company which is solely-owned by King Mswati III, to court in Canada alleging it owes US$3.5 million for the work done on the jet.

The jet was attached by the court in Ontario. 

Attachment is a legal process by which a court of law, at the request of a person who is owed money, requires property owned by the person who owes the money to be transferred to the person who is owed the money, or sold for the benefit of the person who is owed the money.

The legal case has not finished, but the Ontario Court of Appeal said the jet could be released if Inchatsavane delivered a letter of credit for US$3.5 million which would be held in trust in a bank until the court case was concluded.

This guarantee would ensure that if SG Air won the case money would be available to pay the company the money it was owed.

The money has now been deposited. However, instead of coming from Inchatsavane or the King personally, it is understood the money was paid by Swaziland’s Ministry of Foreign Affairs and International Cooperation. It this proves to be the case it would mean the people of Swaziland, rather than the King, who rules the kingdom as an absolute monarch, would be paying the King’s debt should he lose the court case.

The case of the unpaid debt returns to the Ontario Court of Appeal on 11 June 2015.

See also

SWAZI KING NOT ABOVE THE LAW IN CANADA

SWAZI KING IS ABOVE THE LAW

WHO PAID FOR SWAZI KING’S JET?

REVEALED: COST OF FLYING KING’S JET

SWAZI MPs CONFUSED OVER KING’S JET

REVEALED: DETAILS OF KING’S NEW JET

KING'S COMPANY AT CENTRE OF JET ROW

SWAZI KING ‘REFUSED TO PAY JET DEBT’

SWAZI KING’S JET HELD FOR UNPAID DEBTS

‘SWAZI KING TO BUY US$44m PRIVATE JET’

Saturday, 16 May 2015

CHIEF JUSTICE HEARING WILL BE PUBLIC


The inquiry into the alleged abuse of power by Swaziland’s suspended Chief Justice Michael Ramodibedi will be held in public, it has been announced.

But, it is not clear whether Ramodibedi, who has been holed up in his house for more than four weeks after an arrest warrant was issued against him, will attend.

The arrest warrant against Ramodibedi was later withdrawn and he was suspended from office and summoned to appear before a Judicial Service Commission (JSC) hearing.

Acting Chief Justice Bheki Maphalala told the Saturday Observer, a newspaper in effect owned by King Mswati III, Swaziland’s absolute monarch, the hearing would last for three days, starting 25 May 2015.

The paper reported that initially Ramodibedi had been served with 23 charges but these had now been consolidated and the number reduced.

The newspaper quoted Maphalala saying, ‘The JSC has decided that this will be a public enquiry into the allegations levelled against the chief justice. This is done in terms of section 158 of the Constitution.

‘Upon conclusion of the enquiry we will submit our report to His Majesty the King for his decision.’

The venue for the hearing has yet to be announced.

Ramodibedi has refused to accept his suspension and he is not expected to cooperate with the JSC.

Maphalala said if Ramodibedi failed to appear the hearing would go on without him. ‘If he decides not to attend, the JSC will proceed to lead listen to the witnesses who would be called in to give evidence of the said allegations.

‘It would be an unfortunate thing if he decides to miss an opportunity to defend those allegations levelled against him. The JSC will be forced to proceed with its report and forward its recommendations to the appointing authority [the King],’ he told the newspaper.

See also

CJ HAS HISTORY OF ABUSE OF POWER

SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW

JURISTS: DEEP FLAWS IN JUSTICE SYSTEM

Friday, 15 May 2015

JURISTS: DEEP FLAWS IN JUSTICE SYSTEM

The International Commission of Jurists (ICJ) has said there are ‘deep flaws’ in Swaziland’s justice system.
 
The finding came on Friday (15 May 2015) after a five-day mission to the kingdom, ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.

The kingdom’s Chief Justice Michael Ramodibedi has been suspended, pending an investigation into alleged malpractice, including abuse of power. The Minister of Justice and Constitutional Affairs Sibusiso Shongwe was sacked after he was charged with defeating the ends of justice and contravening the 2006 Prevention of Corruption Act. He is presently in jail on remand.

In a statement, the ICJ said, ‘There are serious structural deficiencies in Swaziland’s justice system that need to be addressed systematically and in a structured way to ensure the country meet core rule of law principles.’

Mission leader retired Judge Chinhengo of Zimbabwe said. ‘Current developments are merely the symptoms of a systemic crisis.’ 

He added, ‘There is a need for officials from all branches of government to adhere to the rule of law. The effect of denied justice and in Swaziland has made many victims. Its effect on the community has been devastating, as it has served to undermine respect for human rights and trust in the judiciary to act as a check on the other branches of the State.’

The Mission said it was also deeply concerned by the ‘emblematic cases of the unfair dismissal of Judge Thomas Masuku in 2011 as well as the unfair trial and subsequent arbitrary detention of journalist Bheki Makhubu and lawyer Thulani Maseko  in 2014.’

The mission was conducted in collaboration with the Africa Judges and Jurists Forum, Judges for Judges (the Netherlands) and the Commonwealth Magistrates’ and Judges’ Association, with the aim to assess the state of independence of the judiciary and administration of justice in the country.

See also

SWAZI JUDICIAL CRISIS: KING’S WORD IS LAW

SWAZI PM’s LAND SCAM RESURFACES

News that a company which has the Swaziland Prime Minister Barnabas Dlamini as a director has sold land it bought from the Swazi Government for E93,120 in 2005 to a public enterprise for E7.5 million will rekindle memories of another great land scam he was involved in.

The Times Sunday reported (10 May 2015) that Fusini Investments (Proprietary) Limited, directed by the Prime Minister and two others, bought land for E93,120 from government in 2005, which had now generated a profit of E7.4 million (US$740,000): a profit of more than 800 percent.

The PM’s company sold the land to the Public Service Pension Fund (PSPF), a public organisation that was established in 1993 for the management and administration of pensions for government (public sector) employees.

Prime Minister Dlamini has a history of involvement in dodgy land deals. In 2011 he and others escaped scrutiny on land deals after the direct intervention of King Mswati III, the absolute monarch who rules Swaziland and who hand-picked Dlamini to be his Prime Minister.

They had bought Swazi nation land for themselves at what a select committee report later called ‘ridiculously cheap’ prices and ‘tantamount to theft of State property’. 

In late December 2010 it was revealed that Dlamini, his deputy, and four cabinet ministers were at the centre of a land purchase scandal.

Dlamini, who had recently claimed to be determined to stamp out corruption in the kingdom, was allowed to buy government-controlled land at half price, netting himself a E304,000 (US$43,000) saving. Themba Masuku, the Deputy PM and four ministers each received discounts of between 30 and 50 percent on their purchases. None of these people were elected to the Swazi Parliament – all were appointed by the King.

The politicians were allowed to purchase the so-called ‘crown land’ (which is owned by the King on behalf of the Swazi nation) in the Swazi capital Mbabane without having to compete with other would-be buyers. They were given the land at below market value, in effect cheating the Swazi people out of the money.

Two of the ministers who took advantage of this scam were members of the Swazi Royal Family, which is headed by King Mswati, sub-Saharan Africa’s last absolute monarch.

The ministers involved were Minister of Natural Resources and Energy, Princess Tsandzile; Minister of Economic Planning and Development, Prince Hlangusemphi; Minister of Home Affairs, Chief Mgwagwa Gamedze; and the Minister of Agriculture, Clement Dlamini.

The Times of Swaziland, the kingdom’s only independent daily newspaper, reported at the time that the Prime Minister made the biggest killing. He was allocated ‘a portion of land measuring 6,084 square metres. He paid E304,000 for the land after it was discounted from the initial price of E608,000. Effectively, he was granted a 50 percent discount.’

In total the land was sold at about E1 million less than it was worth, the Times estimated.

Former government ministers also benefited from the land purchase scandal. They included two members of the Swazi Royal Family. Prince David received a 50 percent discount on land worth E97,000 allocated to him. Prince Mbilini also received land, but the exact details of his windfall were not known, the Times reported.

It was believed that at least nine former ministers were also given land at discounted prices.

It later emerged that the Swazi Cabinet, which was hand-picked by the King, approved the land purchase. This, in effect, meant they approved a plan that allowed themselves to save hundreds of thousands of emalengeni on the land scam.

It was later revealed that the Prime Minister and his cronies were not eligible for discounts on the land because such discounts were only available to poor people. In Swaziland seven in ten people have incomes of less than US$2 per day.

Prince Guduza, Speaker of the Swaziland House of Assembly, rebuked Barnabas Dlamini, the Prime Minister, for ‘interference of the highest order’, after the Swazi Parliament decided to set up a seven-member select committee to investigate the land deals and he called MPs in to see him ‘one-by-one’ to try to get them on his side.

The whole land deal scandal reached a climax in May 2011 when Dlamini took Prince Guduza, the Speaker of the House of Assembly, to court to stop a debate about the PM’s irregular land deals taking place.

He succeeded in getting a High Court order to stop parliament debating the land issue and publication of a select committee report into the affair. The House of Assembly ignored the court and debated anyway.

The select committee report described the conduct of Lindiwe Dlamini, Minister of Housing and Urban Development, in the deals as corrupt and treasonous.

The report stated that the authority for land deals was unconstitutionally taken away from the King’s Office, by Lindiwe Dlamini.

‘The act of the minister was not only unconstitutional but also seriously undermined the authority and sovereignty of the office of the Ingwenyama [the King] and was therefore treasonous,’ the report stated.

The report made more than 20 findings, including:
  •  That the Minister for Housing and Urban Development [Lindiwe Dlamini] acted unconstitutionally and with total disregard of the Crown Land Disposal regulations of 2003, which were promulgated in line with the provisions of the Crown Land Disposal Act of 1911
  • That the cabinet ministers concerned used their positions to gain unfair advantage over other Swazis who had applied for the land many years ago, by-passing the Crown Land Disposal Committee in the process.
  • The Prime Minister and the Minister for Natural Resources and Energy [Princess Tsandzile] bought the land at ridiculously low prices. The most disturbing aspect is that the Prime Minister was awarded the certificate to develop his portion and designs approved without having paid for the plot and records show that he only did so on February, 22 2011, long after the Select Committee was appointed.
  • That the current administration has no respect for the constitution, as there are many laws that deal with land issues and until now they have not been aligned with the constitution.
  • That the Attorney General was never consulted on this land deal. 
  •  That the allocation of land to ministers through a cabinet decision was unlawful and it smacks of an element of personal aggrandisement since such action is not supported by any legal instrument. Receiving a housing allowance on the one hand and on the other hand apportioning crown land to oneself, is tantamount to theft of State property.
  •  That, as a custodian of State assets and property, by virtue of its position in government, cabinet had no legal right to take a collective decision on the allocation of land to ministers, even worse, that in the process it violated the Constitution, 2005.

In June 2011, King Mswati confirmed his status as an absolute monarch when he ordered the House of Assembly and the Senate to stop discussing the land scandal. He said he would decide what would happen to the land.

The King’s decision to intervene was kept private and the media were excluded from a joint meeting of the House of Assembly and Senate at which the King’s dictate was given.

Dlamini then instructed the media in Swaziland to stop discussing the land deal. He said, ‘His Majesty said the issue should be put to rest. It means the matter has been concluded because the King’s word is a command and the law. I take it that it is over and I hope journalists will take it as having been concluded. 
There is no need for journalists to keep bringing this matter up and spicing it. It has to be taken out of the news,’

Parliament was informed by both its presiding officers (Speaker Prince Guduza and Senate President Gelane Zwane) that the King had ordered the PM to withdraw his court action regarding the land issue and that the land in question would be returned to government ownership.

See also

SWAZILAND PM IN LAND SALE SCANDAL
MPs ATTACK LAND-SCAM MINISTER
PM SAYS GOD SUPPORTS LAND SCAM
CABINET APPROVED ITS LAND SCAM
PM ‘STOLE FROM POOR’ IN LAND SCAM
LAND-SCAM PM DECIDES HE’S INNOCENT
SWAZI PM UNDER THE COSH
SWAZI PM ‘FACES NO-CONFIDENCE VOTE’
SWAZILAND’S BULLY PM ‘MUST GO’
LAND SCAM: TREASONOUS AND CORRUPT
KING SHOWS HE IS ABSOLUTE MONARCH
PM ORDERS MEDIA SILENCE ON LAND

Tuesday, 12 May 2015

U-TURN ON SUCCESS OF KING’S AIRPORT

After claiming last month (April 2015) that Swaziland’s white elephant King Mswati III (KMIII) Airport was a huge success and had confounded its critics, an aviation boss in the kingdom now says it is not doing well because Swazi people are too poor to fly.

The Swazi Observer, a newspaper in effect owned by the King, reported twice in April 2015 that the Swaziland Tourist Authority (STA) said there were 10,138 passengers departing the airport in January 2015 and 6,592 passengers arriving, making a total of 16,730 passengers. If these figures were repeated each month of the year, 200,760 passengers would travel through the airport in a year.

But, Swazi Media Commentary exposed these statistics as entirely bogus. There are only three flights per day departing the airport and another three arriving. The airport serves only one route – to OR Tambo Airport in Johannesburg, South Africa. Swaziland Airlink is the only passenger airline that uses the airport. Airlink uses the Embraer J135 aircraft which has a maximum seating capacity of 50.

If every flight was full a maximum of 150 people per day could depart the airport, which would make a maximum of 4,500 per month. The 4,500 is only 44 per cent of the numbers of passengers claimed by STA. The total possible number of passengers either departing or arriving at the airport could not be more than 9,000 in a month: 53 per cent of the figure claimed.

Despite the obviously fraudulent figures the Swaziland Civil Aviation Authority (SWACAA) Marketing and Corporate Affairs Director Sabelo Dlamini said in April 2015, ‘We are noting that the figures are rising and for us, it points to a brighter future in aviation. It is also an affirmation of the massive work the government of Swaziland has done over the past five years to do right in the civil aviation industry, in particular the construction of an airport facility travellers are happy with.’

The newspaper reported, ‘Dlamini further noted that the drop in numbers that had been projected by critics had not happened at all.’

The Observer, which was described as a ‘pure propaganda machine for the royal family’ by the Media Institute of Southern Africa in a report on media freedom in the kingdom, has not admitted to its readers it published fake figures on the airport’s popularity.

On Tuesday (12 May 2015), the Observer reported SWACAA Director General Solomon Dube saying ‘only 70,000’ people per year used the airport. He did not give any evidence to support the figures. The 70,000 passengers represent 35 percent of the 200,760 claimed last month.

SWACAA had previously said the King Mswati Airport, formerly known as Sikhuphe, which opened in March 2014 would need at least 300,000 passengers a year to break-even.

Dube told the Observer that Swazi people did not fly because they could not afford to. This should come as no surprise to him since seven in ten of the 1.3 million people in the kingdom have incomes of less than US$2 per day. He said if more people used the airport air tickets to South Africa could be reduced to E500 (US$50), without stating this would represent about a month’s income for most Swazi people.

The Times of Swaziland reported on Tuesday (12 May 2015) Dube also announced that Egyptair had offered Swaziland a 268-seater aircraft. The newspaper reported him saying, ‘the main objective of this initiative is to increase airplane passengers by up to 200,000’. 

The Times reported, ‘Dube said courtesy of well-managed diplomatic relations between the two States, Swaziland had been offered to utilise services of one of Egyptair’s flights to transport passengers between Swaziland and South Africa for 10 hours a day. He said using the flight for at least 10 hours a day could translate to about five or seven flights to the neighbouring republic, on a daily basis.’

This claim from Dube is one of a long line of empty promises made about the attractiveness of the airport.

In November 2013, SWACAA said that the Swazi Government was ready to recreate the defunct Royal Swazi National Airways Corporation (RSNAC0) and would set about purchasing a 100-seater jet, at a cost estimated by the Times of Swaziland of E700 million (US$70 million). This compared to the E125 million budgeted for free primary school education in Swaziland that year. It was never explained where the money to buy the aircraft would come from.

SWACAA said RSNAC would fly to 10 destinations in Africa and Asia. Observers estimated RSNAC would probably need a minimum of 10 aircraft to service the routes. For that to happen, Swaziland would have to spend about E7 billion on aircraft. Such a sum of money would bankrupt the kingdom. To put the cost in context the Central Bank of Swaziland has estimated the kingdom’s gross official reserves were E8.24 billion at the month ended November 2013.

There has also been constant misinformation about the prospect of airlines choosing to use the airport. In October 2009, King Mswati claimed Etihad Airways from the Gulf State of Abu Dhabi was showing ‘deep interest’ in using the airport. Nothing has been heard since.

In May 2011, the Swazi Observer reported Sabelo Dlamini saying, ‘We have established possible routes which we want to market to the operators. Some of the proposed routes from Sikhuphe are Durban, Cape Town, Lanseria Airport in Sandton, Harare and Mozambique.’

In June 2012, he told Swazi media that at least three airlines from different countries had ‘shown interest’ in using the airport, but he declined to name them. He remained optimistic about the prospects for the future and said SWACAA was talking to airlines in other countries as well. 

Then in February 2013 SWACAA Director General Solomon Dube told media in Swaziland, ‘We are talking to some including Kenya Airways, Ethiopian Airline and various Gulf airlines.’

In March 2013 SWACAA claimed five airlines had signed deals to use the airport when it eventually opened, but an investigation by Swazi Media Commentary revealed that two of the airlines named did not exist. It also said Botswana Airways would use the airport, but it has not.

In October 2013 SWACAA claimed it had targeted small and medium business travellers to use the airport. It said low-cost airlines were interested in using it for business travellers who might want to fly to nearby countries ‘on a daily basis’.

KMIII Airport was built in a wilderness in Swaziland on the whim of King Mswati, who rules as sub-Saharan Africa’s last absolute monarch. No research was undertaken to determine the need for the airport.

Critics of the airport argued for years that there was no potential for the airport. Major airports already existed less than an hour’s flying time away in South Africa with connecting routes to Swaziland and there was no reason to suspect passengers would want to use KMIII airport as an alternative.

During the 11 years it took to build, the airport was called Sikhuphe, but the name was changed in honour of the King when it officially opened in March 2014.

The airport cost an estimated E2.5 billion (US$250 million) to build.

In October 2013 a report from the International Air Transport Association (IATA) said the airport was widely perceived as a ‘vanity project’ because of its scale and opulence compared with the size and nature of the market it seeks to serve.

Since it opened only one commercial passenger airline, Swaziland Airlink, which is part-owned by the Swazi Government, has used the Airport. The airline was forced to move from the Matsapha Airport, even though an independent business analysis predicted the airline would go out of business as a result. 

No other airline has publically said it wanted to use the airport.

See also

AIRPORT MOVE WILL ‘BANKRUPT AIRLINK’
PROOF: KING’S AIRPORT POINTLESS
http://swazimedia.blogspot.com/2011/02/proof-kings-airport-pointless.html