Parly committee denies conflict in e-visa tender investigation
MBABANE – The Portfolio Committee on Home Affairs has said that the perceived conflict of interest in the e-visa tender investigation is misplaced.
In a letter that was seen by Eswatini News, addressed to Principal Secretary (PS) Nhlanhla Nxumalo and dated October 3, 2022, the Committee Chairman, Madala Mhlanga, who is also the Deputy Speaker, made it clear that the portfolio committee was not an extension of the ministry, but a structure of Parliament that exercises its oversight.
The letter is titled ‘Re: Investigation Report Tender No. 22 of 2021’ and makes reference to PS Nxumalo’s letter dated August 3, 2022 and received by Parliament on September 23, 2022.
“The perception by the ministry that the Portfolio Committee has conflict of interest on the matter is misplaced. The Portfolio Committee is not an extension of the ministry, it is a structure of Parliament through which the Parliament exercises oversight over the ministry. The Portfolio Committee is not investigating the ministry of Finance. This has been explained many times through Parliament’s legal office and by the Attorney General himself,” reads the letter.
The letter further states that Section 129 (2) of the Constitution of the Kingdom of Eswatini provides that the Standing Committees shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as Parliament may determine and the investigations and enquiries may extend to proposal for legislation.
Meanwhile, the Portfolio Committee outlined its questions which it required the Ministry of Home Affairs to assist it with. “The committee has the following questions: Is the PS aware that Crypto Technologies did not have a Trading License and Tax Clearance, to mention just a few documents, by the 23rd April 2021 which was the closing date? And also, would the PS be in a position to furnish the committee with the clearance from the Attorney General’s Office, allowing the Directors of Crypto Technologies to participate in public procurement? If yes, the committee would like to have a copy of same,” it further reads.
The parliamentarians also wondered if it would be misplaced to infer that the ministry violated Section 60 of The Procurement Act No. 7 of 2011.
In the letter, the portfolio committee wanted to know of the occupation of Sabelo J. Masuku, who is one of the Directors of Crypto Technologies.
The PS was also asked if he was aware that chairing the Financial Evaluation of the tender was flagrant disregard of procurement procedures on his part.
In the letter the portfolio committee cited the Production of Documents pursuant to Section 19 (1) of the Parliamentary Privileges Act of 1967 and then ordered that the ministry produce and hand deliver by 2pm the following three documents: Technical Evaluation Report for Tender No. 22 of 2021 done by the Ministry; Financial Evaluation Report for Tender No. 22 of 2021 done by the ministry and the full contract between the ministry (Government) and Crypto Technologies. “Your prompt indulgence is highly anticipated in this regard,” it read.
WITHDREW
The chairman of the portfolio committee on Wednesday withdrew the controversial e-visa tender report and requested to make amendments. The report was a probe into the issue of the tender to install e-visas, which the ministry awarded to Crypto Technology (Pty) Ltd, which is owned by Prince Guduza and Khandlela Mdluli.
The project was initially given a E5 million contract, but it could escalate to E263 million, according to reports. On Wednesday, Manzini North MP Macford Sibandze requested the advise of the Speaker on the report, and asked if it was right to table a report where the attorney general had intervened and shared his legal opinion on it, not once but twice.
“When we table or debate the report, does it entail disregarding the legal opinion? Another thing is that, does the ministry have a right to look into issues of procurement or those whose responsibility lies with the ministry of finance,” he questioned.
He wondered if tabling or debating the report meant that the House was disregarding a report from the ministry of finance on the same issue.
Responding to the questions of the MP, House of Assembly Speaker Petros Mavimbela said the legislature was making his submissions as though the matter was already on the table yet it was subject to tabling and then be deliberated upon, having been inducted in the order paper and the house would then take a position.