MBABANE – The EMCU has rushed to the High Court seeking an urgent order to stop the Prime Minister, Russell Dlamini, from proceeding with a Commission of Enquiry into the institution.
The Eswatini Medical Christian University (EMCU) Council contends that the probe is allegedly unlawful, biased and duplicates several ongoing investigations.
EMCU Council Chairperson Dr Bongani Dlamini says the commission announced last week should be interdicted immediately because it was allegedly never properly established in terms of the law and risks exposing the university to irreparable prejudice.
The matter cites nine respondents, including the prime minister, Chairperson of the Commission Advocate Mbuso Simelane, members of the commission, the Anti-Corruption Commission (ACC), the Ministry of Education and the attorney general.
According to the founding affidavit, the dispute resulted from a public announcement made on June 18, 2026, when the prime minister declared the establishment of a Commission of Enquiry to investigate the governance and financial affairs at EMCU.
The prime minister also introduced members of the commission, which is expected to be chaired by Simelane.However, EMCU argues that no formal legal instrument establishing the commission has been published in the Government Gazette as required by the Commission of Enquiry Act of 1963.
“The applicant was reasonably expecting that the terms of reference and legal instrument would be published in the Government Gazette. This has not happened,” submitted the institution.
EMCU further contends that without gazetting, the commission ‘has no lawful basis to exist’.
The university council also claims that Cabinet had allegedly resolved not to proceed with the commission.
According to the affidavit, EMCU was informed that Cabinet preferred investigations to be handled through the auditor general and minister for Finance instead.
Despite this, the prime minister allegedly proceeded to prepare for the commission’s launch and planned a campus visit to formally introduce it.
“The urgency arises from the imminent commencement of the commission’s activities,” EMCU argues, warning that once the body begins work, it could summon witnesses, collect evidence and make findings that would be difficult to reverse.
EMCU further argues that the commission would duplicate several ongoing probes already dealing with the same issues.
These include investigations by the ACC, Parliament and the auditor general. The ACC recently conducted a search-and-seizure operation at the university, removing documents and electronic devices linked to the enquiry.
“The simultaneous operation of these investigations creates a real risk of duplication, conflicting findings and unnecessary public expenditure,” EMCU states.
A key part of EMCU’s application is the claim that some commission members are not independent.
Dr Dlamini alleges that Simelane has links to EMCU structures, including involvement in a foundation associated with the institution. These are allegations contained in an affidavit whose veracity is still to be tested in court and the respondents are yet to file their answering papers.
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The respondents (L- R): Chairperson of the Commission of Enquiry Mbuso Simelane, Setsabile Matsebula, Prime Minister Russell Dlamini, Hlobsile Ndzimandze and Mangaliso Magagula. (File pic)