DRUGS PROBE: 9 HEALTH OFFICIALS CHARGED

MBABANE – The medical drugs crisis investigation has led to nine senior officials in the Ministry of Health being charged.

The investigation is with regard to irregularities relating to the procurement, in particular the acquisition and distribution, of medical drugs and supplies to public health institutions. The nine officers who have been charged by the Civil Service Commission (CSC) for alleged misconduct include, among others, Principal Procurement Officer in the Ministry of Health Sincedile Magwaza and Deputy Director Pharmaceutical Fortunate Bhembe. Among those charged are officers who hold senior positions at the Central Medical Stores (CMS), situated in Matsapha.

Charge

The common charge among the nine officers is misconduct. Each of the officers was charged separately. Some of the charges faced by the officers in question, who have since been invited to appear before a disciplinary panel, include, among others, allegedly initiating an irregular advance payment to one of the suppliers of medical drugs 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. One of the officers is alleged to have initiated the advance payment in the absence of a purchase order, contrary to the procurement procedures. Another officer has been charged with conflict of interest in that she conducted business with a company, where she is a director and also had her overseas trips funded by one of the suppliers of medical drugs. One of the officers is said to have allegedly received monies from government suppliers of medical drugs.

The charges against the nine officers are subsequent to letters that were written to them wherein they were being called by the Principal Secretary (PS) in the Ministry of Health, Khanya Mabuza, to show cause why charges of misconduct should not be preferred against them. The implicated senior officials were served with the charges last week and they were invited to appear before the CSC. Magwaza and Bhembe have, however, approached the Industrial Court, where they are seeking an order interdicting and restraining the PS and the CSC from continuing with the disciplinary process they had instituted.  They contended that the action of the PS and the CSC, of instituting disciplinary action against them, was in contravention of a court order that was issued by the Industrial Court in their favour on October 31, 2023.

On October 31, 2023, Magwaza and Bhembe obtained an interim order stopping the forensic investigation, specifically against them. Respondents in the matter are the Chairperson of the CSC, Simanga Mamba, PS in the Ministry of Health, Auditor General Timothy Matsebula and Funduzi Forensic, which is the company that was mandated by government to conduct the forensic investigation. The applicants (Magwaza and Bhembe) further entreated the court of equity to declare the conduct of the PS of instituting further disciplinary action against them to be in violation of the order of the court, which purportedly interdicted such, to constitute contempt of court. It is further their plea to the court that it should direct the PS and the commission to purge their contempt by withdrawing the correspondences titled ‘Formal charges of misconduct’, which were served upon them.  

In their (Magwaza and Bhembe) application, they contended that the actions of the second respondent (PS) had allegedly been committed deliberately and mala fide. “The PS is aware of the orders of court. They were granted at his instance, his attorney motivated for the grant of the interdicts, and he, therefore, has no reason to act in defiance of such order,” argued the applicants.  

Correspondence

It was further their contention that the failure to respond to the correspondence and to persist with the disciplinary action even after their attention had been drawn to this fact, demonstrated a deliberate and intentional violation of the court`s dignity and authority. The duo averred that it was necessary that the court`s dignity and authority be vindicated. “It is always a matter of grave concern when government officials, such as the second respondent, openly defy orders of court. It does not augur well for the administration of justice and constitutionalism to persons in the position of principal secretary to fragrantly defy orders of court and act with impunity and such conduct must be censured,” contended the applicants. The application is still pending in court.

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