The Anti-Corruption Commission (ACC) has once again found itself under public scrutiny over the continued absence of arrests involving high-profile individuals, commonly referred to as ‘bobhabuli’.
This concern was raised during the debate of the Ministry of Justice and Constitutional Affairs’ second quarter performance report for the 2025/26 financial year.
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Members of Parliament questioned why certain individuals appear “untouchable” despite mounting evidence of corruption, with some foreign nationals allegedly engaging in illicit practices with impunity.
They demanded swift arrests to restore public trust and the country’s dignity.
In response, the ministry explained that the ACC investigates all suspected cases of corruption regardless of status or investment, but its operations are bound by judicial procedures requiring warrants from the courts.
The ACC’s request for warrants is vetted by the Director of Public Prosecutions (DPP) before being presented to the High Court.
While MPs expressed frustration over legal delays, the ministry assured Parliament that “no one is above the law.”
It further revealed that proposed legislative amendments were underway to grant the ACC more independence and authority, enabling it to act “without fear or favour.”
Lawmakers emphasised the urgency of visible arrests, saying accountability is vital to deter corruption and restore public confidence in state institutions.
MPs Call for Clear Policy on Prisoner Repatriation
Members of Parliament have called for a clear policy on the repatriation of foreign inmates after it was revealed that 15 prisoners from the United States have been brought into Eswatini to serve their sentences.
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The revelation was contained in the Ministry of Justice and Constitutional Affairs’ second quarter performance report for the 2025/26 financial year.
The report noted that the inmates were transferred under a correctional collaboration arrangement between Eswatini and the United States.
The prisoners are currently held in a secure facility pending full integration into the country’s correctional system.
The ministry stated that the process was conducted in close coordination with international partners and the Correctional Services Department.
However, MPs expressed concern over the lack of a clear framework governing the transfer and management of foreign inmates.
They warned that without a formal policy, such repatriations could raise legal, logistical, and human rights complications.
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Lawmakers urged the ministry to develop transparent procedures outlining the criteria for accepting foreign inmates, the duration of their sentences, and government’s responsibilities in housing and rehabilitating them.
While acknowledging the importance of international cooperation, MPs insisted that Eswatini must ensure such arrangements do not strain local correctional facilities or compromise national security.
Judiciary Overwhelmed by Case Backlog
The Judiciary is grappling with a worsening backlog of cases, as revealed in the ministry’s latest performance report.
According to the document, a total of 2,851 cases were carried forward to the second quarter of the 2025/26 financial year, with no recorded completions during the reporting period.
The delay has been attributed to severe shortages of judicial officers, magistrates, and courtroom facilities.
Currently, the country has only 26 permanent magistrates, many of whom share courtrooms, chambers, clerks, and typists.
This shortage has crippled the pace of case hearings, leaving victims and accused persons waiting months or even years for resolution.
The ministry explained that since 2015, it has repeatedly requested the Ministry of Public Service to approve the hiring of judges, magistrates, and support staff, but progress has been slow.
Members of Parliament urged the Judicial Service Commission (JSC) to prioritise recruitment to alleviate pressure on the system.
They warned that “justice delayed is justice denied,” calling for urgent resource allocation to ensure efficiency.
Legal experts argue that systemic delays undermine public confidence in the judiciary and threaten the rule of law.
The ministry acknowledged the challenges but reiterated its commitment to lobbying for more staff and infrastructure to restore timely justice delivery in the kingdom.
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