MBABANE – Prime Minister Russell Mmiso Dlamini says Cabinet approved the appointment of a Commission of Inquiry into the affairs of the Eswatini Medical Christian University (EMCU).
The decision, according to the prime minister (PM), was taken in response to longstanding governance concerns at the university. This is contained in an answering affidavit filed in the High Court in a case where the EMCU Council is challenging the legality and urgency of the Commission of Inquiry.
In this matter, Judge Sabelo Masuku last week issued an interim order interdicting members of the Commission of Inquiry, appointed by the prime minister to investigate EMCU affairs, from continuing with the investigation in any manner.
The order is pending finalisation of the matter in which the university council is seeking an urgent order, among others, to stop the prime minister from proceeding with the Commission of Enquiry.
The PM stated in his answering papers that the commission was established following numerous complaints regarding the university’s governance and operations, which were raised by the management of the institution, Principal Secretary in the Ministry of Education and Training Nanikie Mnisi and reportedly the EMCU Council itself.
He further stated that Cabinet resolved that a Commission of Inquiry should proceed to investigate the affairs of the institution, which receives a substantial government subvention.
Attached to the affidavit is a memorandum from the principal secretary in the Cabinet Office to the attorney general, detailing some of the complaints forming the basis of the inquiry.
A brief report from the university’s vice chancellor and an emailed letter from the chairman of the EMCU Council are also referenced as part of the background material considered in establishing the commission.
The prime minister maintained that the commission was duly appointed by notice published in the Government Gazette on June 15, 2026, and that the terms of reference are contained within that notice.
He stated that the publication of the gazette notice is a legal prerequisite for the establishment of a Commission of Inquiry and confirms that the notice was in the public domain for several days before the application was brought before court.
The answering affidavit further states that the commission was established to investigate allegations of maladministration and governance failures within EMCU, and that its mandate was informed by alleged persistent institutional challenges identified by stakeholders.
The prime minister applied to the court to dismiss the EMCU Council’s application with costs, arguing that the commission has been lawfully constituted and that the public interest requires it to proceed.
Dlamini also told the court that multiple investigations into the university may lawfully proceed in parallel without any legal conflict.
According to the prime minister, there is no legal impediment to concurrent investigations involving the same institution.
He confirmed that the Anti-Corruption Commission (ACC) is investigating EMCU and had conducted a search and seizure operation at the institution. However, he noted that this operation took place after the Commission of Inquiry had already been appointed.
The prime minister argued that the ACC conducts criminal investigations with prosecution as its ultimate objective, while the Commission of Inquiry serves a separate purpose focused on governance and maladministration issues.
“Co-existence of investigative bodies is lawful, including parliamentary inquiries, disciplinary processes, civil litigation and criminal proceedings. The establishment of the commission is justified by ongoing governance challenges and complaints relating to the university’s operations and financial management,” stated the prime minister. The veracity of these allegations is still to be tested in court.
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