New law gives Anti-Corruption Unit teeth

Swaziland has hosted its first anti-corruption summit in the wake of legislation that finally gave the Anti-Corruption Unit teeth, ten years after its formation. The country's executive monarch, King Mswati, set the tone for the three-day summit last week by saying, "If left unchecked, corruption will certainly destroy our economy and reverse the gains of the past. We need more than political will if we are to successfully fight corruption. It is one thing to make a statement, and quite another to put your words into action." Graft practices came to the fore in the mid-1990s after a series of high-profile corruption scandals. No action was taken against the perpetrators, but the public outcry led to the government establishing the Anti-Corruption Unit. However, a decade after it was set up, the unit had not brought a single culprit to book. Officials said they were hamstrung by the lack of legislation. Anti-corruption laws introduced this year aim to correct that, although there are no retroactive components within the act to deal with past graft. An Mbabane banker at the summit, who declined to be identified, commented, "I'm happy that King Mswati is aware of the gulf between words and deeds. Everyone condemns corruption, but these same people are involved in all forms of graft." Swaziland's economy has been in a steep decline for the past three years. Tens of thousands of jobs in the garment industry have disappeared and a growth rate of 3.6 percent has dropped to 1 percent. Once a net exporter of food to the region, two-thirds of Swaziland's one million people now live below the poverty line, according to the United Nations Development Programme. The finance ministry reported that each year government coffers were robbed of R500 million ($US72 million) through various corrupt practices from tax evasion to bribery. The amount lost to corruption is about equivalent to Swaziland's national debt. Instant wealth and extravagant lifestyles are easily noticed in this small and closely-knit society. Legislators complain of "overnight millionaires" who have no known businesses or means of employment, but enjoy preferential relations with government agencies or officials. The Prevention of Corruption Act provides for a maximum fine of R200,000 ($US28,500) and 20-year jail term. Further provisions in the act are fines of R100,000 ($14,250) and ten years imprisonment for the "possession of property, etc., without reasonable explanation". At the summit, calls were made for the appointment of a non-Swazi as anti-corruption commissioner, which the act provides for. The need for an impartial and independent candidate reflects the dynamics of the society, where the problem of nepotism is widespread. The Chief Justice of the High Court, the judicial system's highest officer, has customarily been a non-Swazi. "One strong view from the display we had [at the summit] is that the commissioner should be a foreigner. Maybe if we opt for that scenario, we need to get two competent Swazi deputies," said Sicelo Dlamini, Principal Secretary for the Ministry of Justice and Constitutional Affairs. The act also addresses corruption by business, which seeks to influence government tenders through kickbacks and backhanders. In addition to punishing government employers for accepting bribes, the law permits the attorney-general to ban firms found guilty of bribery from tendering for government contracts for a period of ten years. According to labour commissioner Jinnoh Nkambule, endemic corruption "is not found in one place, but permeates all sectors of society", and has grown out of the old Swazi custom of kwetfula, or gift giving, in which the recipient of a tract of Swazi Nation Land might give the chief a cow to show his appreciation. Prime Minister Themba Dlamini said "the difference is that by custom those gifts are given after the fact - bribery today is given before, to achieve illicit ends". Gifts to government officials will now face scrutiny. "If you are given a R10,000 (US$1,400) gift, you need to declare it to your immediate supervisor. Gifts must be regulated. We must have regular integrity assessments," Dlamini told the summit. "It is Swazis' duty to make the corrupt very uncomfortable in our society." The country's sole cellular phone service provider, MTN Swazi, which assisted the United Nations Office on Drugs and Crime in organising the summit, has established a toll-free number for any employee or member of the public to report suspected corrupt practices. "Recent surveys have highlighted that the problem to businesses is company fraud, for which employees are the largest single fraud risk - 46 percent of fraud cases that are successfully resolved can be attributed to tip-offs from employees and trading partners," said Swazi MTN chief executive officer Themba Khumalo. Delegates at the summit also called for greater protection of whistleblowers, particularly in the private sector, where employees risk losing their jobs. The act obliges people to report corrupt practices, with failure to do so resulting in a two-year jail term and a R5,000 (US$700) fine. "On paper, its sounds like there's a commitment [to fighting corruption], but we shouldn't forget the history of the Anti-Corruption Unit," said one summit participant who preferred not to give her name. "Will history repeat itself? Call me guarded until all this talk about fighting corruption results in someone going to jail - I mean a big shot."