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Anti-Corruption Commission
2012-02-15

History

The Swaziland Anti-Corruption Commission is a creature of a statute called: The Prevention of Corruption Order, 1993.As the name of the law suggests, most of the strategies adopted by the Commission in fighting corruption are preventive in nature.This is in total compliance with the old adage that says Prevention is better than cure.The Swaziland Commission is still new and in its formative stage, though calls to the effect that its honeymoon days are over are being heard from the public.There are growing public calls to the Commission to the effect that it must be seen biting, and not just a paper tiger.

The Prime Minister Dr Barnabas Sibusiso Dlamini officially launched the Commission in March 1998.The succeeding months were a founding period for both establishing a fully fledged office and setting in motion the human resource recruitment process.

In the case of Rex vs.Mandla Ablon DlaminiCriminal Case No.7 /2002which was a case of bribery held and tried in the High Court of Swaziland, a trial within a trial arose whereby the defense raised a point of law challenging the validity of the Prevention of Corruption Order, 1993, as amended, under which the accused had been indicted.The court ruled in favour of the defense and nullified the said Order.However the Appeal court set aside the Order and effectively re-instated the Prevention of Corruption Order of 1993 presently, a new bill to revamp the commission has been put in place.The Bill has been debated in Parliament and passed.It has since been assented to on 12th June, 2006 as Act no 3/2006.

 

Function

The functions of the Commission shall be to-

1Take necessary measures for the prevention of corruption in public and private bodies including, in particular measures for-

i.examining the practices and procedures of public and private bodies in order to facilitate the discovery of corrupt practices and secure the revision of their methods of works or procedures which, in the opinion of the Commissioner, may be prone or conducive to corrupt practices

ii.advising public and private bodies on the ways and means of preventing corrupt practices, and on changes in the methods of work or procedures of those public and private bodies compatible with the effective performance of their duties, which the Commissioner considers necessary to reduce the likelihood of the occurrence of corrupt practices

iii.disseminating information on the evil and dangerous effects of corrupt practices on the society

iv.enlisting and fostering public support against corrupt practices

2Receive and investigate complaints of alleged or suspected corrupt practice made against any person, and refer appropriate cases to the Director of Public Prosecutions

3Investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation

4Investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country

5Assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue

6Investigate the conduct of any public officer which in the opinion of the Commissioner may be connected with or conducive to corrupt practices

7Instruct, advise and assist any person, on the request of that person, on ways in which corrupt practices may be eliminated by that personand

8Do all such things as may be necessary for the prevention of corruption and the furtherance of the objects of this Act.

 

Structure

There is established an independent Anti-Corruption Commission which consists of a Commissioner and two Deputy Commissioners.

1     The Commissioner shall be appointed by the King on the advice of the Judicial Service Commission and shall hold office for a period not exceeding five years and may be re-appointed for a single term, on such terms and conditions as may be determined.

2     A Deputy Commissioner shall be appointed by the King on the advice of the Judicial Service Commission and shall hold office for a period not exceeding five years and may be re-appointed for a single term, on such terms and conditions as may be determined.

 

Achievement

A strategy called 'Investigation Directorate' was set up to undertake investigation duties.Corruption detected and reports received are investigated and appropriate cases forwarded to the Director of Public ProsecutionsD.P.P.for instituting legal proceedings.

The Public Education and Corruption Awareness Campaign is another effective strategy that was set-up to sensitize the public about the dangers and evil effects of corruption in society.In promoting this strategy, the following initiatives were employed.

aDissemination of information leaflets and posters to the public

bMaking of reach-outs and holding of lectures in schools and in the employment sector

cParticipation in annual Trade Fair Exhibitions and Information stands

dHolding of television and radio talk showsand

eMaking electronic and print media advertisements.

 

References

http://www.icac.org.hk/newsl/issue7eng/button3.htm

http://www.afdevinfo.com/htmlreports/org/org_18002.html

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