ANTI-CORRUPTION COMMISSION GAINING STEAM

UNCLAS SECTION 01 OF 02 MBABANE 000308

SIPDIS

SENSITIVE

DEPT FOR AF/S FOR MAYA HARRIS

E.O. 12356: N/A
TAGS: PGOV PHUM WZ
SUBJECT: ANTI-CORRUPTION COMMISSION GAINING STEAM


1. (U) SUMMARY: On November 10, Ambassador Irving and PolOff met
with Anti-Corruption Commissioner Justice H.M Mtegha and Deputy
Commissioner Tebogo Fruhwith to discuss the Commission's work and
good governance in Swaziland. The Anti-Corruption Commission (ACC)
has been in operation with a commissioner since March 2008. The
Commissioner stated that the ACC's mandate is broad, and that the
ACC possesses the power to investigate cases, gather evidence, and
arrest individuals for failure to respond to ACC requests. The ACC
receives a steady inflow of about 20-30 cases per month, and the
Deputy Commissioner stated that the quality and number of cases has
increased with news of corruption arrests and reports. Examples of
cases include breaches of employment laws, procurement issues,
bribery, and customs corruption.


2. (SBU) Commissioner Mtegha stated that the ACC suffers from lack
of training, and is looking for ways to build capacity. He
mentioned that anti-corruption cases are held back by the lack of
justices in the judiciary and the general backlog of cases facing
prosecutors. Although the Commissioner stated that the ACC is
independent in its operations, the Commission depends on the
Ministry of Justice for its budget. We were impressed with the
commission's leadership and its seriousness of purpose, but time
will tell whether they are able to combat corruption at the highest
levels of government effectively. END SUMMARY.


3. (U) On November 10, Ambassador Irving and PolOff met with
Anti-Corruption Commissioner Justice H.M Mtegha, a Malawian
national, and Deputy Commissioner Tebogo Fruhwith to discuss the
Commission's work and good governance in Swaziland. GKOS has had
anti-corruption commission legislation on the books as far back as
1993; however previous commissions lacked government support and had
not been successful. GKOS created the current Anti-Corruption
Commission (ACC) in 2006, although the initial budget only provided
for salaries, not operations, and the government did not appoint a
commissioner until March 2008.


4. (U) The Commissioner stated that the ACC's mandate is broad, and
that the ACC possesses the power to investigate cases, gather
evidence, and arrest individuals for failure to respond to ACC
requests. According to Deputy Commissioner Fruhwith, the ACC
receives a steady inflow of about 20-30 cases per month, and she
indicated that the quality of the complainants' information and
number of cases has increased with news of corruption arrests and
reports. Examples of typical corruption cases before the ACC
include breaches of employment laws, procurement issues, bribery,
and customs corruption. Commissioner Mtegha stated that the ACC
currently has one case in court and another in proceedings, with
more expected soon. The courts have not yet convicted a defendant
from an ACC case.


5. (U) Over the next year the ACC hopes to hire additional staff to
increase its work on corruption prevention and public education, as
opposed to focusing solely on prosecution of current cases.
Commissioner Mtegha stated that the ACC suffers from lack of
training, and is looking for ways to build capacity, including
making appeals to international community donors. He also mentioned
that the anti-corruption cases are held back by the lack of judges
in the judiciary and the general backlog of cases in the court
system.


6. (U) Commissioner Mtegha commented that Swaziland has neither a
written code of ethics for government workers nor does it yet have a
whistleblower's protection act, but indicated that Prime Minister
Barnabas Sibusiso Dlamini requested the ACC to draft legislation
similar to our No Fear Act. According to Commissioner Mtegha, the
Prime Minister hoped to have legislation passed early next year.
Meanwhile, the Commission is advocating that all government
departments and ministries establish internal integrity offices in
order to ensure adherence to the government's anti-corruption laws.


7. (U) Although Commissioner Mtegha stated that government
officials had not attempted to influence the types of cases the ACC
took, he acknowledged that the Commission is not fully autonomous.
He indicated that the Commission is independent on the operational
side, but depends on the Ministry of Justice on the administrative
side for its budget and on the civil service system for hiring.


8. (SBU) COMMENT: Both Mtegha and Fruhwith impressed us with their
intelligence and seriousness of purpose. Swaziland's Prime Minister
has made combating corruption a hallmark of his administration, and
evidence of his seriousness is the fact that the king appointed a
retired judge and respected foreigner to head the Commission, and
allotted it an operational budget. Both the Commissioner and his
deputy realize that they have limited scope of action thanks to
government regulation and dependence on the Ministry of Justice for
their budget. They plan to seek remedies for that situation, but
time will tell whether they will be permitted to go after
malfeasance at the highest levels of the Swazi Government. END
COMMENT.

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IRVING