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High Court freezes E24.7m in emergency pharmaceutical tender

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The dispute originates from an emergency pharmaceutical procurement tender awarded to Pride Oasis in December 2025. (File pic)
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MBABANE – The High Court has issued an order freezing E24.7 million held in a Matsapha bank account following allegations of a material breach of a multimillion Emalangeni pharmaceutical supply agreement.

The urgent interim order, granted by Judge Bonginkhosi Magagula on Thursday, interdicts Pride Oasis (Pty) Ltd from withdrawing, transferring or otherwise dealing with funds in its Eswatini Development and Savings Bank (EswatiniBank) account. This judicial intervention comes amid expressed fears that the funds, which are due from the Ministry of Health for an emergency tender, would be dissipated before a formal recovery action could be concluded.

The matter involves Africa Harvest (Pty) Ltd, a capital-raising consultancy, and a partnership between Pride Oasis (Pty) Ltd and Bongani Sibusiso Dlamini. According to the founding affidavit deposed by Africa Harvest Director Mqemane Felix Matsebula, the dispute originates from an emergency procurement tender awarded to Pride Oasis in December 2025.

The tender involved the supply of pharmaceutical and healthcare goods to the Ministry of Health, with a total contract value of E25.7 million. However, despite securing the lucrative contract, Pride Oasis reportedly lacked the necessary liquidity to finance the purchase orders. Matsebula stated that by January 22, the Ministry of Health had grown frustrated with the lack of progress and issued a formal letter of intention to cancel the tender and revoke the purchase orders.

To salvage the contract and avoid a total loss of the business opportunity, Pride Oasis and Dlamini reportedly entered into a partnership on February 12, to pool resources for the facilitation of the procurement. On the same day, the partnership engaged Africa Harvest to source the external capital required to fulfil the government’s requirements.

Following a due diligence process, Africa Harvest allegedly entered into a Facility Procurement Agreement with the partnership. Under this agreement, Africa Harvest acted as an intermediary to secure funding from an undisclosed principal. To ensure the pharmaceutical goods were procured as per the tender specifications, the finance was paid directly to a supplier located in South Africa.

Matsebula explained that when Africa Harvest and Dlamini executed the agreement in Ezulwini, the intention was to bind an undisclosed principal who acted through the agency of Africa Harvest. An important component of this agreement was a specific security clause.

It stipulated that Matsebula, as a Director of Africa Harvest, would be added as a co-signatory to the Pride Oasis bank account at EswatiniBank, which was specifically designated to receive the E25.7 million payment from the Ministry of Health. This was intended to provide oversight and ensure the loan was repaid once government settled its invoices. The applicant, Africa Harvest, alleged that while it performed its obligations by securing the funds and ensuring the delivery of the goods to the Ministry of Health, Pride Oasis and Dlamini have flagrantly breached the agreement. It is alleged that they have reportedly refused to grant Matsebula the contracted co-signatory status.

The urgency of the court application was triggered on April 1, when Matsebula learnt from the Treasury Department that payment to Pride Oasis was imminent and could happen at any moment. Matsebula stated in the founding affidavit that when he telephoned Dlamini to demand the implementation of the security clause, the latter reportedly responded that he would only speak to the director of Pride Oasis the following week.

*Full article available on Pressreader*

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