Courts

MBABANE – The ACC has approached the Supreme Court after the High Court dismissed its two applications for warrants of arrest of a businessman and Ministry of Health officials allegedly linked to medical drugs procurement irregularities.

The Anti-Corruption Commission (ACC) took the matter to the apex court under a certificate of urgency, listing 12 grounds of appeal, which it argues that the High Court, presided over by Chief Justice Bheki Maphalala, allegedly erred in law and in fact when it refused to issue the warrants.

According to the papers filed, the appeal arises from two judgments delivered on June 16, 2025 and September 2, 2025, both dismissing the ACC’s ex parte applications.

The commission insists that the issue goes to the heart of public interest because it concerns the ongoing shortage of essential drugs in Eswatini’s public health facilities.

In an affidavit supporting the application, ACC investigator Sifiso Clement Khumalo said the case should be heard urgently as there is a real danger that the respondents could tamper with or destroy evidence while the appeal is pending.

“For every day that passes without hearing the appeal as a matter of urgency, there is a real risk of the persons of interest (respondents) in the matter destroying or tampering with evidence, thus jeopardising the interest of justice,” Khumalo stated.

He said the commission could not be afforded substantial redress if the appeal were heard in the ordinary course because by then, crucial evidence might already have been destroyed.

“The hearing of this matter in the normal course will be prejudicial to the ACC as any order issued by the court in the next roll in 2026 will be overtaken by events as the respondents would have succeeded in destroying the evidence,” he added.

Khumalo further submitted that the case was urgent because the alleged irregularities were directly linked to the shortage of medicines in hospitals, which could endanger lives.

“Furthermore, the risk of the death of emaSwati due to the shortage of drugs in hospitals that your petitioner (ACC) is trying to resolve will not be avoided if the matter is not enrolled as one of urgency,” he said.

The commission argues that the chief justice allegedly misdirected himself in both judgments and that another court would likely reach a different conclusion on questions of law raised by the Crown.

 It contends that the High Court wrongly refused to grant the arrest warrants despite evidence that, on a balance of probabilities, established a prima facie case.

The ACC claims the chief justice erred by holding that the commission failed to substantiate allegations that certain drugs were never received, even though delivery notes and invoices signed by the Ministry of Health were presented.

It adds that the court failed to provide detailed reasons explaining in what respect the evidence supporting the allegations was deemed unsubstantiated.

The appeal further faults the chief justice for allegedly ignoring or failing to infer that payments made by Swazipharm to Larreth (Pty) Ltd, a company reportedly linked to a Health Ministry official could constitute bribes or unlawful rewards.

According to the ACC, the non-disclosure of such payments by the official and the director of Lareth amounted to a conflict of interest in terms of Section 27 of the Prevention of Corruption Act of 2006 or at least gave rise to reasonable suspicion of unlawful conduct.

Full article available in our publication.

Chief Justice Bheki Maphalala. The Anti-Corruption Commission took the dismissal of warrants of arrests by the chief justice matter to the apex court under a certificate of urgency, listing 12 grounds of appeal. (Pic: FIle)