DRUGS CASE: DEPUTY DIRECTOR PHARMACEUTICAL FACES 7 CHARGES

MBABANE – Deputy Director Pharmaceutical in the Ministry of Health, Fortunate Bhembe, is accused of having initiated an irregular advance payment to Avapharm for the purchase of antiretroviral (ARV) drugs.

It is alleged that the drugs were never delivered, resulting in the financial detriment of the government amounting to E121 168 700. Bhembe, who is currently on suspension, is alleged to have initiated the advance payment in the absence of a purchase order, contrary to the procurement procedures. The allegations against Bhembe were forwarded to her by the Principal Secretary (PS) in the Ministry of Health, Khanya Mabuza. As per the correspondence signed and issued by the PS, Bhembe is being called upon to answer on seven allegations of possible misconduct against her.

“For purposes of this payment, you are alleged to have misrepresented to the accountant general that there exists a Memorandum of Understanding (MoU) between Avapharm and the Government of the Kingdom of Eswatini, for the former to supply antiretroviral (ART) drugs when in fact, the MoU was by and between the Eswatini Government and Swazipharm, Mylan Laboratories and Royal Science Technology Park (RSTP) for the establishment of a joint venture company to be known as Avapharm (PTY) Limited for purpose of setting up and operating a manufacturing and packaging facility for the products used in the treatment of HIV/AIDS,” reads one of the accusations against Bhembe. It is further alleged that Bhembe purportedly misdirected government funds and procured sharp containers, 20 litres of plastic buckets and 10 litres of plastic buckets, which amounted to E12 088 248.

Wastage

This is said to have led to an oversupply, thus resulting to a loss and wastage of government funds, since these items’ demand was low. In another allegation, Bhembe stands accused of allegedly failing to properly administer and follow procurement procedures in the administration, storage and distribution of drugs. This act purportedly committed by Bhembe is said to have led to inaccurate quantification of the required drugs and medicines to the financial detriment of government which amounted to E83 082 520.66. “Your alleged conduct of allowing suppliers to supply drugs and medicines with a shelf life below 18 months which endangered the lives of emaSwati,” reads one of the seven accusations against Bhembe. She is also accused of having failed in her duties as head of pharmaceutical department, responsible for the procurement, storage and distribution of drugs and medicines to public health facilities, to ensure that there were no drugs shortage in public health.

Bhembe is said to have also allegedly failed and/or neglected, as the head of pharmaceutical department, to note and initiate disciplinary action against Central Medical Stores (CMS) officers, namely; Nelisiwe Jele, Yoliswa Zwane, Brenda Mhlanga and Pholile Maphalala, who allegedly colluded with suppliers to receive drugs and medicines, which were about to expire. According to the correspondence inviting Bhembe to give explanation, it is further alleged that she failed to take disciplinary action against Gcina Dlamini and Jabulani Dlamini who are said to have colluded with suppliers to repackage and relabel drugs and medicine.   

The PS informed Bhembe that the above acts, as alleged to have been  committed by her, amounted to misconduct. Bhembe was informed to forward her responses to the PS. The deputy director pharmaceutical, has filed an application for joinder in the interlocutory application that was filed by Sincedile Dlamini, which is currently pending in the Industrial Court. She entreated the court to interdict and restrain the chairman of the Civil Service Commission (CSC), PS in the Ministry of Health and the auditor general (AG) from continuing with the disciplinary process that has been instituted against her. It is further her plea to the court that it should declare the conduct of the respondents of continuing with the disciplinary action against her based on evidence and/or material derived from a report compiled by Funduzi Forensic Services, to be in violation of the court order that was issued by the Industrial Court on June 16, 2023 and to be in contempt.  The allegations against Bhembe are annexed to her application.  The matter is still pending in court.   

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