ASSISTANT Attorney General Mbuso Simelane has criticised the manner in which EswatiniMed is being managed, describing it as “gentlemanly” and lacking proper adherence to legal procedures.
Simelane made the remarks during arguments before Judge Mumcy Dlamini, citing the example of a certain Nompilo Dlamini, who he claimed was an unknown individual but walked into a board meeting and signed official documents, including registries.
He alleged that Dlamini later denied ever signing an affidavit or working for the Eswatini Government Pensions Fund (EGPF), raising concerns over irregularities within EswatiniMed. “There is a lot of rot and horrible things happening at EswatiniMed,” said Simelane.
“As government, we now want everything to be done by the book, not in a gentlemanly way.”
Judge Dlamini questioned why government had not acted earlier when the issues involving Nompilo and the disputed affidavit came to light, especially since the matter was widely publicised. Simelane responded that the responsibility lay with the minister and principal secretary in the ministry of health, who were overwhelmed by broader issues in the health sector, including ongoing petition deliveries. He stressed that government cannot allow further deterioration of EswatiniMed operations.
Respondents in the matter are as follows:
1. Eswatini Medical Aid Fund – First
2. Bheki Maziya – Second
3. Leonard Nxumalo – Third
4. Mzwandile Magagula – Fourth
5. Edward Sithole – Fifth
6. Vusi Khumalo – Sixth
7. Sibusiso Nhleko – Seventh
8. Peter Simelane – Eighth
9. Samuel ‘Sammy’ Dlamini – Ninth
10. Eswatini Medical Aid Fund – Tenth (listed again)
11. Jonathan Dlamini – Eleventh
12. Sibongile Ndlela-Simelane – Twelfth
13. John Sibandze – Thirteenth
14. Treasure Dlamini – Fourteenth
‘Govt has no standing without resolution’
PROMINENT lawyer Mphilisi Mtshali says government lacks legal standing to join ongoing court proceedings involving the Eswatini Medical Aid Fund (EswatiniMed) due to the absence of a shareholders’ resolution.
Appearing in opposition to government’s joinder application, Mtshali submitted before Judge Mumcy Dlamini that any shareholder intending to litigate must do so with proper authorisation. “Government has no resolution. If a shareholder wants to approach the court, there must be one,” he argued. He acknowledged an exception exists where fraud is alleged, allowing a shareholder to act unilaterally, but noted that government had not cited any fraudulent conduct.
Mtshali further contended that the matter was already at the execution stage, and if government truly had concerns, it could simply replace former board chairperson Samuel Dlamini with a new nominee. He maintained that government’s actions suggested it was backing Dlamini rather than acting neutrally. He also submitted that the second to seventh respondents were lawfully appointed directors by Business Eswatini following a resolution passed on March 18.
Mtshali concluded that any further intervention by government should be made at the Supreme Court, where the matter is currently under appeal.
