Worst-performing health facilities not scrutinised – TLC

MBABANE – The Luke Commission (TLC) has alleged that it is being unfairly singled out and harassed while worst-performing public healthcare facilities under the minister for health face no such scrutiny.

The allegation is contained in an urgent High Court application filed by TLC in which it seeks to suspend the Commission of Inquiry investigating alleged malpractice at the private non-profit healthcare organisation.

Dr Harry Vanderwal, Founder and senior representative of TLC, states in the founding affidavit that the organisation has been subjected to sustained attacks over whether government should continue funding it.

He says the attacks have included media articles, parliamentary debates and interventions by external players, while, according to the affidavit, other healthcare facilities under the control of the minister for Health have not been subjected to similar scrutiny.

Vanderwal says TLC has been targeted despite what he describes as evidence of the quality of its healthcare services. He refers to a recent audit by the Ministry of Health in which TLC allegedly scored 98 per cent on quality of care. He also states that TLC was accredited by the College of Surgeons of Central, East and Southern Africa to train surgeons.

The affidavit further states that TLC’s medical laboratory is ISO accredited, which Vanderwal presents as another indication of the standards at the institution.

Against this background, TLC challenges the decision to establish the Commission of Inquiry under Government Gazette Legal Notice No. 144 of 2026.

The commission was constituted to investigate allegations of malpractice at or concerning TLC. Its terms of reference, according to the affidavit, cover a number of areas including labour disputes, fees charged to patients, the E50 million government subsidy, the memorandum of understanding between government and TLC, the handling of deceased bodies, medicines, practitioners, health standards and the structure and governance of the organisation.

TLC argues that some of the matters falling within the terms of reference are already being dealt with by other institutions.

On labour matters, Vanderwal says former employees lodged disputes with the Conciliation Mediation and Arbitration Commission (CMAC), where the matters remain pending.

He argues that allowing the Commission of Inquiry to investigate the same disputes would duplicate proceedings already before a body with jurisdiction to determine labour disputes.

The affidavit also refers to the E50 million government subsidy paid to TLC. “The Ministry of Finance conducted an audit over approximately five months and found no evidence of misappropriation, abuse of funds or breach of contractual terms,” Vanderwal states. The veracity of these allegations is still to be tested in court. Government is yet to file a comprehensive answering affidavit.

He says the auditor general also conducted an audit and did not find evidence of misappropriation. TLC argues that a further inquiry into the subsidy would duplicate investigations that have already been conducted.

The founding affidavit also challenges the proposed investigation into fees charged to patients.

Vanderwal states that there is no prescribed tariff for non-profit or non-government private healthcare facilities against which TLC’s charges could be objectively measured. He argues other healthcare facilities operate within their own tariff ranges and that no similar Commission of Inquiry has been established to examine whether their charges take demographic or income data into account.

The question of whether healthcare practitioners working at TLC are qualified, registered or licensed is also challenged as an area falling within the statutory mandate of the Eswatini Medical and Dental Council.

TLC further disputes the need for the commission to investigate compliance with national health standards, stating that the Ministry of Health is responsible for inspections and that, according to the affidavit, there are no established national health standards against which TLC can be assessed.

Vanderwal says the breadth of the investigation has affected TLC’s operations. He further states that commission members arrived at TLC premises on October 1, 2026, after the organisation had received less than 48 hours’ notice of the visit. According to the affidavit, the presence of the commission disrupted operations and patient care, with staff and resources diverted to deal with the investigation.

TLC had written to the chairperson of the Commission on September 30, 2026, asking that the process be held in abeyance pending its intended court challenge. Vanderwal says there was no response before the delegation arrived at the premises.

He states that TLC did not prevent the commission from carrying out its programme, while reserving its rights and maintaining its position that the process was unlawful.

Executive Director of Funduzi Forensic Services Zakhele Dlamini (L) and Nhlanhla Ginindza of N.E. Ginindza Attorneys. (Pics: Kwanele Dlamini)

The organisation now wants the High Court to suspend the commission pending the determination of its review proceedings. An interim order to that effect was granted by Judge Zonke Magagula yesterday.

TLC also seeks orders reviewing and setting aside the decision to establish the commission and the Gazette notice establishing it, together with any consequential decisions or actions.

Vanderwal says the continued investigation would expose TLC to reputational damage, additional costs and the disclosure of private information. He further states that the broad terms of reference could result in TLC disclosing information concerning disputes pending before other forums.

The application also invokes the constitutional right to equality, with TLC alleging that its treatment differs from that of other healthcare institutions. Vanderwal states that TLC is a private non-profit entity and that government’s contribution accounts for 15 per cent of its budget. He argues that the level of government funding does not justify the breadth of the commission’s access to TLC’s private information and operations. The founding affidavit states that the urgent application is intended to prevent what TLC regards as an invalid process from continuing while the legality of the commission is challenged before the High Court. TLC is represented by Nhlanhla Ginindza of N.E. Ginindza Attorneys, who has instructed Advocate Boyce Mkhize, while Principal Crown Counsel Ndabenhle Dlamini appears for government. The matter will be argued on October 14, 2026.

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