MBABANE – A tense and busy Friday unfolded in Mbabane as legal representatives for Avapharm (Pty) Ltd, a prominent private company, pursued the Director of Funduzi Forensic Services (Pty) Ltd, Zakhele Dlamini, amid a brewing High Court case.
The attempts to serve summons were met with frustration as Dlamini was not found at the office premises nor at a public event in Manzini.
The matter, now before the High Court of Eswatini under case number 2676/25, revolves around a combined summons action initiated by Avapharm (Pty) Ltd against Funduzi Forensic Services (Pty) Ltd – the first defendant.
Avapharm, whose notable Director is Consul Kareem Ashraff mentioned in court papers that Funduzi Forensic Services (Pty) Ltd was aware not only that it was unlawfully appointed, but also knew or reasonably ought to have known that the aforesaid publications about Avapharm and/or statements were per se defamatory and injurious to the good name and reputation of the Avapharm.
Sheriffs, acting on instructions from Avapharm’s legal team, focused their efforts on serving legal papers on Dlamini, the Director of Funduzi Forensic Services. At the Johnson Street office believed to belong to Funduzi Forensic Services, officials found the premises deserted.
Attempts to serve summons at a public function in Manzini also yielded no success, with Dlamini notably absent.
Notably, Funduzi’s attorneys, K.Q. Magagula, acknowledged receipt of the summons on November 13, 2025, indicating that while direct service on the director was unsuccessful, the company’s legal representatives had been duly notified.
The plaintiff in this action, Avapharm (Pty) Ltd, is a private company registered under the Companies Act of 2009.
In line with court procedure, the veracity of the allegations is still to be tested in court, as Funduzi Forensics (Pty) Ltd is yet to file its responding affidavits.
It must be said that the combined summons sets out a formal judicial claim by Avapharm against the Funduzi, demanding relief for grievances detailed in the particulars annexed to the summons. The plaintiff serves notice that should the defendants dispute the claims, they are required to file their intention to defend the case within 10 days of service, pursuant to the procedural rules of the High Court. Subsequently, defendants must file their plea or other legal responses within 21 days.
Failure to respond appropriately can result in a default judgment being granted in favour of the plaintiff, reinforcing the seriousness of this action.
Meanwhile, Avapharm felt Funduzi’s publications and/or statements resulted in it losing business and continually losing business, income and profits.
As a result of the aforesaid, Avapharm stated that it suffered damages in the amount of E250 million.
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