Clique wants E30m without justification – ‘Samora’

Eswatini Medical Aid Fund (EswatiniMed) Principal Officer Peter ‘Samora’ Simelane has made explosive allegations that a powerful clique is determined to force the fund to settle a claim of E30 million without justification.

Simelane made the claims in an answering affidavit filed at the Supreme Court in ongoing litigation involving him (first applicant), Samuel Dlamini (second applicant), and EswatiniMed (third applicant) against Business Eswatini (first respondent).

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When addressing the implications of an ex parte order granted by Judge Ticheme Dlamini, he said the order had the effect of removing him and the second applicant from their positions as principal officer and chairman of the board and installing Nokuthula Dlamini as acting principal officer.

He pointed out that Nokuthula was Justice Dlamini’s niece, arguing that this relationship created a clear conflict of interest. He also noted that Justice Dlamini had previously recused himself in another case involving EswatiniMed, citing a family relationship.

According to Simelane, the ex parte order also undermined governance at EswatiniMed by removing board members elected at the March Annual General Meeting and reinstating directors whose terms had expired.

“This would create chaos,” he said.

He stressed that the applicants were not in contempt of court because they had appealed the order, and an appeal automatically suspended its operation.

Simelane alleged that powerful interests were pressuring EswatiniMed to settle an unjustified claim of over E30 million. He linked the pressure to the administration contract previously held by Med Scheme, which EswatiniMed terminated in 2016 when it opted for self-administration.

“The powerful clique is hellbent on making EswatiniMed settle the claim even though there is no justification,” he said.

He explained that self-administration had saved members millions of Emalangeni in costs and even enabled EswatiniMed to construct a hospital for its members. Settling the claim, he warned, would undermine the fund and unfairly deplete members’ contributions.

Simelane maintained that the High Court registrar lacked standing, acted without authority, and was improperly involving the judiciary in disputes it should adjudicate impartially.

He further insisted that the attempts to enforce the ex parte order were designed to remove him and his colleague in order to pave the way for the settlement of the E30 million claim.

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