The Public Accounts Committee (PAC) leant with shock that over E85 million collected from the public through bail deposits has remained unclaimed.
This sparked a heated debate amongst Public Accounts Committee (PAC) members during the appearance of the Judiciary before the Committee yesterday.
The PAC learnt that at least E80 million was collected by the judiciary years ago while over E5 million was collected recently through bail deposits and remains unclaimed.
The judiciary is expected to transfer unclaimed bail deposits in cases that were finalised over five years ago or in cases where bail deposits had been converted into fines, the money to be transferred to the government revenue account. However, the said monies havev remained in an account under the judiciary.
Somntongo MP Sandile Nxumalo said he was a bit concerned because the money was around E77 million in last year’s report, while it has increased to E80 million.
He asked if the people were informed that they had the right to claim their bail in cases where it was not converted into a fine.
He said they were also getting reports that people ask for a reimbursement of this money until they get tired. He wondered why people were not reimbursed because it was their money, further asking who was responsible for keeping the funds.
“There is a lot that we are complaining about under this department, but for people to lose their monies this way calls for the ministry’s explanation because there is no law that supports this. Which law is being used to hold on to this money,” he said.
Zombodze Emuva MP Ntando Mkhonta asked why the claims were being released once a month while the money was collected daily. He said it was unfair that the department received money daily but was remitting back the people at a snail’s pace.
Deputy Chairperson Manzi Zwane suggested that the ministry compiled a list of the people who were due for refunds and that such be published together with the collection day.
He said nobody’s money should be with the judiciary.
“It seems hard to claim this money. I know of someone who paid bail in 2022 who has still not received the money. The judiciary must release the money to the people,” he said.
He also asked if such monies were invested.
Dvokodvweni MP Sifiso Shabalala said this was a thorny issue for every Liswati as they paid bail due to pressure.
He said some people were approaching money lenders to pay bail and therefore was not fair that so much money be kept by the judiciary.
“Where is the money, does it accumulate an interest? Just publish the list of those who have to be reimbursed,” he said.
The office of the auditor general reported that unclaimed sundry departmental deposits amounted to E80 992 043.72 at the end of the financial year which ended on March 31, 2024.
There were also bail deposits amounting to E5 545 904 that remained unpaid in the same financial year.
According to the office, this account was used for recording bail deposits for pending court matters or unclaimed bail deposits in cases where the court matters had been finalised. In this regard, only balances relating to pending matters and unclaimed finalised bail amounts should remain in this account.
Controlling Officer Banele Ngcamphalala said they could not remain with nothing on the balance when they tried to balance the accounts. She said they balance the accounts because people deposit bail daily since this was the account that was being sued.
