Mbabane – Bonginkhosi Dlamini has approached the High Court seeking an order declaring the appointment of the Inter-Agency Task Team unconstitutional and unlawful.
In an argument filed on August 21, 2025, Dlamini argues that both his arrest and subsequent prosecution are invalid as they stem from what he describes as an illegally constituted body. He contends that the Prime Minister does not have the statutory authority to establish an investigative structure with coercive powers.
Dlamini further submits that the formation of the Task Team breaches the doctrine of separation of powers. He argues that it places the Anti-Corruption Commission (ACC) and the Director of Public Prosecutions (DPP) under executive influence, despite legal provisions guaranteeing their independence. According to the filing, the arrangement allows the Executive to improperly direct criminal investigations and prosecutions.
The application also challenges the appointment of Assistant Superintendent Sifiso Clement Khumalo as an ACC investigator. Dlamini alleges that two conflicting appointment letters exist, suggesting an attempt to retrospectively legitimise what he terms a “dual mandate” between the police and the ACC.
He further claims that the Task Team operates without gazetted terms of reference, lacks parliamentary oversight, and has no clear legal framework to ensure transparency and accountability.
In response, the State, represented by the Attorney General, has asked the court to dismiss the application with costs. The State argues that the government is permitted to carry out executive functions even in the absence of specific legislation, provided such actions do not contravene existing laws.
The respondents maintain that the Task Team follows a prosecutor-guided model commonly used in international criminal justice systems. They argue that cooperation between the police and the ACC falls within the commission’s mandate and insist there is no evidence of interference by the Prime Minister in the decisions of either the DPP or the ACC.
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