WITO CLAIMS AUTHORITY FROM LEGITIMATE BOARD

MBABANE - Wito Security Services has asserted that its security services are authorised by the ‘substantive principal officer’ and the ‘legitimate Board of directors’.

The security services company, embroiled in a legal battle with Eswatini Med over the presence of its personnel at the fund’s premises, has asserted that its security services are authorised by the ‘substantive principal officer’ and the ‘legitimate Board of directors’. In an answering affidavit filed by Magagula and Hlophe Attorneys, Mciniseli Vilakati, WITO’s Manager, contests Eswatini Med’s claims that the security personnel are operating without authority and creating an intimidating environment.

Authorisation

Vilakati argues that Eswatini Med’s application is ‘fatally defective’ due to a lack of proper authorisation. He claims that the application was not initiated by any of the fund’s principal officers and that the deponent of the founding affidavit, Nokuthula Dlamini, lacks the necessary authority to initiate proceedings on behalf of Eswatini Med.

“The application is fatally defective in that none of its principal officers have initiated, it nor is there an allegation that the deponent to the founding affidavit has been authorised by the applicant to initiate proceedings on its behalf,” Vilakati stated in his affidavit.

He further referenced a confirmatory affidavit from Eswatini Med’s Board Chairman, Sammy Dlamini, to support his claim. Vilakati asserts that WITO provides security services to Eswatini Med based on authorisation from the fund’s ‘substantive principal officer’ and the ‘legitimate Board of directors chaired by Sammy Dlamini’.

Additionally, WITO challenges the urgency of Eswatini Med’s application, arguing that the fund has failed to meet the required legal threshold. Vilakati criticises Eswatini Med for providing less than three hours notice of the hearing, hindering WITO’s ability to file a comprehensive response.

Failed

“The applicant has dismally failed to meet the threshold set out in the mandatory provisions of Rule 6(25)(a)&(b) and is, therefore, not entitled to approach this honourable court urgently, giving the respondents less than three hours’ notice of the hearing,” Vilakati stated.

Due to the short notice, WITO has requested the court’s leave to file a more detailed answering affidavit at a later stage, if necessary.

The legal challenge raises questions about the legitimacy of the ongoing power struggle at Eswatini Med, with WITO aligning itself with what it considers the ‘legitimate Board of directors’. This development adds a layer of complexity to the fund’s internal disputes, which have already resulted in allegations of intimidation and operational disruption.

The court will now have to deliberate on the issue of authorisation and the legitimacy of the security deployment, alongside the urgency of the application. Judge Ticheme Dlamini granted Wito, which is opposed to the application, leave to supplement its opposing papers on or before April 26, 2025.

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