US embassy cable - 03MBABANE147

UNCLAS MBABANE 000147 
 
 
DEPT FOR AF/S(BARNES), AF/PD(DALTON), DRL(BRYANT) 
USTR FOR C.MOORE 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, PHUM, AGOA, WZ 
SUBJECT: THE JET SAGA:  IS AN END IN SIGHT? 
 
REF:  A: 02 MBABANE 623, B:  02 MBABANE 767, C: 02 MBABANE 782 
 
1.  SUMMARY:  A SELECT COMMITTEE OF PARLIAMENT HAS 
CONCLUDED THAT THE PRIME MINISTER AND THREE OTHER 
CABINET MINISTERS ACTED ILLEGALLY IN CONTRACTING TO 
PURCHASE A PRIVATE JET FOR KING MSWATI III AT AN 
ESTIMATED COST OF $72 MILLION USD.   THE COMMITTEE'S 
CHAIR AND ANOTHER COMMITTEE MEMBER TOLD THE AMBASSADOR 
AND POLOFF IN SEPARATE MEETINGS THAT IN SPITE OF THE 
REPORT, MEMBERS OF PARLIAMENT ARE NOW FACING INTENSE 
PRESSURE FROM THE PM TO APPROVE THE RELEASE OF FUNDS 
FOR THE PURCHASE.  ALTHOUGH PARLIAMENT IS EXPECTED TO 
VOTE AGAIN ON THE MATTER WITHIN WEEKS, IT IS NOT CLEAR 
THAT THE KING OR PM WILL ACCEPT ANYTHING EXCEPT A 
DECISION IN FAVOR OF THE PURCHASE.  IF THIS PROVES 
TRUE, THE KING, WHO RECENTLY ACKNOWLEDGED THAT HE DOES 
NOT RESPECT PRINCIPLES OF JUDICIAL INDEPENDENCE, WILL 
HAVE MADE PARLIAMENTARY INDEPENDENCE THE SECOND 
CASUALTY OF HIS ABSOLUTE RULE IN RECENT MONTHS.  END 
SUMMARY. 
 
2.  IN THE LATEST DEVELOPMENT OF THE SEEMINGLY ENDLESS 
SAGA OF THE GKOS SCHEME TO BUY A JET FOR THE KING, A 
SELECT COMMITTEE OF PARLIAMENT RECENTLY REPORTED THAT 
THE A TEAM INCLUDING THE PM, THE MINISTER OF PUBLIC 
WORKS AND TRANSPORT, THE MINISTER OF FINANCE, AND THE 
MINISTER OF ECONOMIC PLANNING AND DEVELOPMENT (EP&D) 
ACTED ILLEGALLY UNDER A "ROYAL MANDATE" IN USING PUBLIC 
FUNDS TO PURCHASE A BOMBARDIER JET FOR THE KING WITHOUT 
FIRST SEEKING PARLIAMENT'S APPROVAL (REF A AND B). 
THE COMMITTEE CONCLUDED THAT: THE MINISTER FOR EP&D 
ILLEGALLY DIRECTED THAT ONE MILLION USD BE TAKEN FROM 
DEVELOPMENT FUNDS TO ACQUIRE THE JET; THE MINISTER OF 
PUBLIC WORKS ILLEGALLY SIGNED FINANCIAL AGREEMENTS FOR 
THE PURCHASE WITHOUT SEEKING LEGAL ADVICE ON THE 
IMPLICATIONS OF THE AGREEMENTS; THE PRIME MINISTER 
ILLEGALLY ORDERED THE TEAM TO REDIRECT MONEY ALREADY 
ALLOCATED BY PARLIAMENT TOWARDS THE PURCHASE; AND THE 
MINISTER OF FINANCE ILLEGALLY PERMITTED THE TAKING OF 
FUNDS FOR THE $2.8 MILLION USD DEPOSIT FROM DEVELOPMENT 
FUNDS, THE SWAZI NATIONAL TREASURY, AND THE ROYAL SWAZI 
AIRLINE. 
 
3. THE COMMITTEE ALSO CONCLUDED THAT ALTHOUGH THE KING 
DID NOT ORDER THE INVOLVED MINISTERS TO DISREGARD 
PARLIAMENTARY PROCEDURES FOR COMMITTING PUBLIC FUNDS, 
HE GAVE CLEAR DIRECTION THAT HE WANTED THE JET.  AMONG 
THE DISCOVERIES THE COMMITTEE FOUND MOST TROUBLING WAS 
THE FACT THAT NO ONE IN GOVERNMENT HAS BEEN ABLE TO 
PRODUCE ANY RECEIPTS FOR THE $2.8 MILLION USD ALREADY 
PAID.  CONSEQUENTLY, THE COMMITTEE HAS NO WAY OF 
KNOWING WHETHER THE MONEY EVER EVEN REACHED ITS 
INTENDED RECIPIENT OR WHETHER ILLEGAL COMMISSIONS WERE 
PAID. 
 
4.  THE COMMITTEE HAS ADVISED THE GKOS TO CEASE EFFORTS 
TO PROCEED WITH THE PURCHASE AND TO RECOUP THE MONEY 
ALLEGEDLY ALREADY PAID.  BUT THE PM HAS REFUSED TO 
ACCEPT THIS RECOMMENDATION AND INSTEAD IS LOBBYING THE 
MPS TO PERMIT THE DEAL TO GO AHEAD.  MANY MPS WE HAVE 
SPOKEN TO VOW THAT IN THE UPCOMING VOTE, THEY WILL 
AFFIRM THEIR EARLIER DECISION REJECTING THE PURCHASE 
(REF C). 
 
5.  COMMENT:  GIVEN THE DISREGARD BOTH THE KING AND PM 
HAVE SHOWN IN RECENT MONTHS FOR JUDICIAL INDEPENDENCE 
AND THE RULE OF LAW, SOME GOVERNMENT CRITICS HAVE 
EXPRESSED CONCERN THAT REGARDLESS OF PARLIAMENT'S 
DECISION, THE SWAZI PEOPLE, MANY OF WHOM ARE HUNGRY AND 
DYING OF HIV/AIDS, WILL SOME DAY WATCH AS THEIR LEADER 
TAKES HIS INAUGURAL FLIGHT ON HIS 72 MILLION DOLLAR 
BOMBARDIER EXECUTIVE JET. 
 
 
MCGEE