THE JET SAGA: IS AN END IN SIGHT?

UNCLAS MBABANE 000147


DEPT FOR AF/S(BARNES),AF/PD(DALTON),DRL(BRYANT)
USTR FOR C.MOORE

E.O. 12958: N/A
TAGS: PREL PGOV PHUM AGOA WZ
SUBJECT: THE JET SAGA: IS AN END IN SIGHT?

REF: A: 02 MBABANE 623, B: 02 MBABANE 767, C: 02 MBABANE 782


1. SUMMARY: A SELECT COMMITTEE OF PARLIAMENT HAS
CONCLUDED THAT THE PRIME MINISTER AND THREE OTHER
CABINET MINISTERS ACTED ILLEGALLY IN CONTRACTING TO
PURCHASE A PRIVATE JET FOR KING MSWATI III AT AN
ESTIMATED COST OF $72 MILLION USD. THE COMMITTEE'S
CHAIR AND ANOTHER COMMITTEE MEMBER TOLD THE AMBASSADOR
AND POLOFF IN SEPARATE MEETINGS THAT IN SPITE OF THE
REPORT, MEMBERS OF PARLIAMENT ARE NOW FACING INTENSE
PRESSURE FROM THE PM TO APPROVE THE RELEASE OF FUNDS
FOR THE PURCHASE. ALTHOUGH PARLIAMENT IS EXPECTED TO
VOTE AGAIN ON THE MATTER WITHIN WEEKS, IT IS NOT CLEAR
THAT THE KING OR PM WILL ACCEPT ANYTHING EXCEPT A
DECISION IN FAVOR OF THE PURCHASE. IF THIS PROVES
TRUE, THE KING, WHO RECENTLY ACKNOWLEDGED THAT HE DOES
NOT RESPECT PRINCIPLES OF JUDICIAL INDEPENDENCE, WILL
HAVE MADE PARLIAMENTARY INDEPENDENCE THE SECOND
CASUALTY OF HIS ABSOLUTE RULE IN RECENT MONTHS. END
SUMMARY.


2. IN THE LATEST DEVELOPMENT OF THE SEEMINGLY ENDLESS
SAGA OF THE GKOS SCHEME TO BUY A JET FOR THE KING, A
SELECT COMMITTEE OF PARLIAMENT RECENTLY REPORTED THAT
THE A TEAM INCLUDING THE PM, THE MINISTER OF PUBLIC
WORKS AND TRANSPORT, THE MINISTER OF FINANCE, AND THE
MINISTER OF ECONOMIC PLANNING AND DEVELOPMENT (EP&D)
ACTED ILLEGALLY UNDER A "ROYAL MANDATE" IN USING PUBLIC
FUNDS TO PURCHASE A BOMBARDIER JET FOR THE KING WITHOUT
FIRST SEEKING PARLIAMENT'S APPROVAL (REF A AND B).
THE COMMITTEE CONCLUDED THAT: THE MINISTER FOR EP&D
ILLEGALLY DIRECTED THAT ONE MILLION USD BE TAKEN FROM
DEVELOPMENT FUNDS TO ACQUIRE THE JET; THE MINISTER OF
PUBLIC WORKS ILLEGALLY SIGNED FINANCIAL AGREEMENTS FOR
THE PURCHASE WITHOUT SEEKING LEGAL ADVICE ON THE
IMPLICATIONS OF THE AGREEMENTS; THE PRIME MINISTER
ILLEGALLY ORDERED THE TEAM TO REDIRECT MONEY ALREADY
ALLOCATED BY PARLIAMENT TOWARDS THE PURCHASE; AND THE
MINISTER OF FINANCE ILLEGALLY PERMITTED THE TAKING OF
FUNDS FOR THE $2.8 MILLION USD DEPOSIT FROM DEVELOPMENT
FUNDS, THE SWAZI NATIONAL TREASURY, AND THE ROYAL SWAZI
AIRLINE.


3. THE COMMITTEE ALSO CONCLUDED THAT ALTHOUGH THE KING
DID NOT ORDER THE INVOLVED MINISTERS TO DISREGARD
PARLIAMENTARY PROCEDURES FOR COMMITTING PUBLIC FUNDS,
HE GAVE CLEAR DIRECTION THAT HE WANTED THE JET. AMONG
THE DISCOVERIES THE COMMITTEE FOUND MOST TROUBLING WAS
THE FACT THAT NO ONE IN GOVERNMENT HAS BEEN ABLE TO
PRODUCE ANY RECEIPTS FOR THE $2.8 MILLION USD ALREADY
PAID. CONSEQUENTLY, THE COMMITTEE HAS NO WAY OF
KNOWING WHETHER THE MONEY EVER EVEN REACHED ITS
INTENDED RECIPIENT OR WHETHER ILLEGAL COMMISSIONS WERE
PAID.


4. THE COMMITTEE HAS ADVISED THE GKOS TO CEASE EFFORTS
TO PROCEED WITH THE PURCHASE AND TO RECOUP THE MONEY
ALLEGEDLY ALREADY PAID. BUT THE PM HAS REFUSED TO
ACCEPT THIS RECOMMENDATION AND INSTEAD IS LOBBYING THE
MPS TO PERMIT THE DEAL TO GO AHEAD. MANY MPS WE HAVE
SPOKEN TO VOW THAT IN THE UPCOMING VOTE, THEY WILL
AFFIRM THEIR EARLIER DECISION REJECTING THE PURCHASE
(REF C).


5. COMMENT: GIVEN THE DISREGARD BOTH THE KING AND PM
HAVE SHOWN IN RECENT MONTHS FOR JUDICIAL INDEPENDENCE
AND THE RULE OF LAW, SOME GOVERNMENT CRITICS HAVE
EXPRESSED CONCERN THAT REGARDLESS OF PARLIAMENT'S
DECISION, THE SWAZI PEOPLE, MANY OF WHOM ARE HUNGRY AND
DYING OF HIV/AIDS, WILL SOME DAY WATCH AS THEIR LEADER
TAKES HIS INAUGURAL FLIGHT ON HIS 72 MILLION DOLLAR
BOMBARDIER EXECUTIVE JET.


MCGEE