ESWATINI MED SEEKS URGENT COURT INTERVENTION AMID TENSIONS

MBABANE – Eswatini Med is pursuing an urgent court order to remove alleged unauthorised security personnel from its premises, citing fear and disruption among staff and clients, amid escalating internal tensions.

This action follows a turbulent week characterised by boardroom disputes and police intervention at a press conference. In addition, in an application, filed ex parte, BE has also alleged that suspended Eswatini Medical Aid Fund (Eswatini Med) Principal Officer Peter Simelane issued death threats against Board members.

According to court documents filed at the High Court in Mbabane, the Eswatini Medical Aid Fund has applied for an urgent interdict against Wito Security Services and unidentified security personnel stationed at their offices in the Nedbank Building, Swazi Plaza. The application, supported by a founding affidavit from Acting Principal Officer Nokuthula Dlamini, details a volatile situation where the presence of these security personnel is impeding the fund’s daily operations.

Conducive

“The applicant’s premises are no longer conducive to conducting business, as the presence of these unknown individuals is intimidating,” Dlamini stated in her affidavit. She further alleged that the security personnel are ‘intimidating in the manner in which they are guarding the doors, as if the area is now a war zone’.

The court documents reveal that the security personnel, deployed last Thursday and reinforced on Monday, are screening employees and clients, possessing keys to the premises and refusing to disclose their mandate. The fund claims that the security’s presence has created a palpable atmosphere of fear and uncertainty, deterring clients and undermining staff morale. This development follows a week of intense internal strife at the Eswatini Medical Aid Fund. Last Thursday, a press conference convened by a faction of the Board of Directors at the Hilton Garden Inn was abruptly halted by police, who claimed the meeting was unauthorised. This meeting was intended to announce the removal of the Board chairman and the suspension of the Principal Officer, Peter Simelane.

The court documents reference media reports, including articles from the Times of Eswatini, detailing the chaotic press conference and subsequent statements issued by opposing factions within the fund. These reports highlighted conflicting claims regarding the legitimacy of the Board and the leadership changes.

“The court will have taken judicial notice of the press and local media reports that the applicant fund is embroiled in some form of dispute within its structures,” Dlamini acknowledged in her affidavit.

The fund’s legal team, Dynasty Inc. Attorneys, argues that the presence of the security personnel is unlawful and unauthorised, creating an urgent need for court intervention. They assert that the fund is suffering irreparable harm, with clients turning away and staff unable to perform their duties effectively due to fear.

The court application seeks an interim order interdicting Wito Security Services and anyone acting on their instructions from entering the fund’s premises, demanding the immediate removal of the security personnel and directing them to surrender any keys or access to the acting principal officer.

“The applicant cannot then sit idly by, as it is suffering prejudice and/or irreparable harm in that its image as a corporate entity is being damaged with every passing minute,” Dlamini emphasised.

The veracity of these allegations is yet to be tested in court. Mxolisi Dlamini of Dynasty Inc. Attorneys represents Eswatini Med.

Dlamini asserts that neither she, nor the fund’s Board, authorised the deployment of the security personnel, and their presence is causing significant distress among staff and members.

“It is important for the court to understand that the applicant, as a medical aid fund, on a daily basis, deals with a number of clients who come to the office for various purposes, including complaints, statements and urgent medical aid needs,” Dlamini explained. “These clients have to be attended to in a calm and receptive environment.”

However, since the arrival of the security personnel, the environment has changed dramatically. Dlamini alleges that members are now afraid to enter the premises, and staff are working in a state of unease. “I have it on good authority that clients have been turning away at the applicant’s entrance due to the treatment they received at the hands of the uncompromising security personnel,” she stated.

Security

The situation has also raised concerns about the security personnel’s possession of the fund’s keys, with Dlamini questioning how they obtained them. “It is always dangerous for unknown individuals to have keys to an office with such critical client information, and in circumstances where the person who gave them such authority is unknown,” she said. Eswatini Med has attempted to ascertain who authorised the security personnel’s presence, but has received no clear answers. Dlamini claims the security personnel themselves are uncooperative. “These individuals do not respond or attend to any enquiries from office personnel about their presence on the premises,” she said.

The fund argues that the security personnel’s presence is unlawful and detrimental to its reputation.

“We cannot allow a state of lawlessness where anyone can do as they please,” Dlamini asserted. She highlighted the urgency of the matter, stating that the fund is suffering business losses and reputational damage.

Situation

“If this situation is not rectified immediately, the fund, as one of the major health funds in the country, will compromise the healthcare of numerous individuals,” she said.  “It is necessary, therefore, for the court to intervene urgently to avoid conflict.” The fund also noted that police intervention is not possible without a court order. They fear that any retaliatory measures, such as hiring their own security, would escalate the situation.

The application seeks an interim order to remove the security personnel immediately, pending the finalisation of the matter, and to prevent them from coming within a one-kilometre radius of the premises.

EswatiniMed also seeks costs against any party who opposes the application unsuccessfully.

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