By Bahle Gama
The Ministry of Health and its Principal Secretary (PS) have before the Industrial Court of Appeal argued their stance in a legal dispute concerning an investigation by Funduzi Forensic Services.
The case, which began on June 13, 2023, saw the respondents, Sncedile Dlamini and Fortune Bhembe, seeking an urgent interdict at the Industrial Court to halt the investigation.
The Ministry argues that the matter is not within the jurisdiction of the Industrial Court and that the respondents have inconsistently challenged and submitted to the court’s authority.
RELATED: King’s call could propel Eswatini among Africa’s best healthcare systems
During submissions, the Ministry of Health, represented by Robinson Bertram, argued that the respondents initially consented to an interim interdict granted on June 16, 2023, which halted the forensic investigation.
However, subsequent legal maneuvers revealed contradictions in their approach. The Ministry contended that despite initially accepting the jurisdiction of the Industrial Court, the respondents later challenged the court’s authority.
They emphasized that the forensic investigation was lawful and crucial for transparency, stating, “The investigation aims to uphold accountability and its suspension hampers due process.”
The appellants (Ministry) attempted to anticipate the return date of the interim interdict and sought its discharge, but their application was dismissed by the court on July 10, 2023.
Following this, the Ministry raised preliminary objections, including the argument that the Industrial Court lacked jurisdiction, as the matter was not labour-related and should have been addressed in the High Court.
Further disputes arose over document discovery, with respondents issuing formal notices under Rule 35 (20) of the High Court Rules, as read with Industrial Court Rules, to compel the production of certain annexures referenced in affidavits.
The Ministry failed to object formally but did not provide the requested documents. The respondents stressed that access to these documents was vital to ensuring a fair hearing, citing legal precedents emphasizing the importance of disclosure in litigation.
The appellants also faced accusations of violating a prior consent order by instituting disciplinary proceedings based on the forensic investigation findings.
When challenged, they conceded that these proceedings were irregular, leading to another court order interdicting the disciplinary process.
RELATED: “Nkwe must drive Eswatini Nazarene Health Institutions forward†– Minister of Health
Regarding document confidentiality, the respondents argued that the appellants failed to prove any legitimate confidentiality concerns, noting that Section 7 of the Procurement Act, 2011 mandates public access to procurement-related documents.
The Ministry, however, maintained that certain materials were sensitive and required protection.
The Ministry of Health continues to assert that the Industrial Court lacked jurisdiction and that its compliance with prior orders was procedural rather than an acknowledgement of authority.
The court’s final ruling is expected to clarify the extent of jurisdiction in such disputes and set a precedent for handling forensic investigations within government institutions.
