Mbabane – An Anti-Corruption Commission (ACC) investigator has been acquitted and discharged after the Crown withdrew a contempt of court charge arising from a WhatsApp status in which he allegedly threatened to deal with a colleague.
Bonginkhosi Dlamini, 36, of Madlangampisi, appeared before Mbabane Magistrate Fikile Nhlabatsi on October 7, 2026, when the prosecution applied to withdraw the charge under Section 6 of the Criminal Procedure and Evidence Act.
The court granted the application after noting that Dlamini had pleaded not guilty, resulting in his acquittal and discharge.
The charge stemmed from a WhatsApp status allegedly posted by Dlamini on February 17, 2026, in which he criticised the ACC leadership and referred to fellow investigator Mcebo Fana Mkhweli.
During the trial, Mkhweli testified that the message raised concerns about the lack of a qualified commissioner and an experienced legal adviser at the commission. It also stated that Dlamini would explain his remarks after the completion of a docket involving Magugu Kunene, adding that he would “single handedly deal with them”.
Mkhweli told the court that he interpreted the message as a threat because it mentioned his name. He said he took screenshots of the WhatsApp status and printed them for use in the proceedings.
However, during cross-examination, he acknowledged that the message did not explicitly state that Dlamini would kill or physically harm him. He also confirmed that he had not established whether Dlamini personally authored the screenshot.
Mkhweli further told the court that Dlamini later apologised to him through a WhatsApp message in March 2026 and that he accepted the apology.
The witness, who said he had served as a police officer for 17 years before joining the ACC, was also questioned about discrepancies in the dates recorded in his affidavit. He acknowledged an error in the year stated in the document but maintained that he had not deliberately provided false information.
Dlamini, who represented himself during the proceedings, questioned why Mkhweli viewed the status as a threat when the two continued to meet and interact as colleagues.
He also asked whether Mkhweli was a listed witness in a separate criminal case involving the Lulakeni matter, which was referenced in the WhatsApp status. Mkhweli said he did not know and suggested that the investigator handling that matter or the Office of the Director of Public Prosecutions would be better placed to clarify.
The proceedings were also affected by delays over electronic evidence and disclosure documents.
In May 2026, the prosecution applied to have Dlamini’s cellphone detained so investigators could create an image of the device for use during the trial. Magistrate Nhlabatsi granted the application, ordering that the phone be detained from May 15 to May 19.
The trial, initially scheduled for August 18, was delayed after the prosecution said it could not proceed because necessary documents, including an electronic evidence certificate, were unavailable.
Dlamini objected to the postponement, arguing that the Crown had been given sufficient time to prepare its case. The court directed the prosecution to proceed, but the matter was eventually postponed to allow the outstanding documents to be provided to him.
On August 21, Dlamini confirmed that he had received the requested documents, and the trial was rescheduled to September 9.
Following Mkhweli’s testimony and cross-examination, the matter was set for confirmation on October 7, when the Crown withdrew the charge.
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