Eswatini Commission of Inquiry Has Authority to Question TLC Workers

A Commission of Inquiry into The Luke Commission (TLC) in Eswatini has been empowered to interview employees and relevant parties to investigate allegations of misconduct and malpractice. The commission's terms of reference allow it to secure cooperation from employees and stakeholders, obtain written statements and affidavits, and investigate breaches of trust and professional standards. This inquiry was established by Prime Minister Russell Mmiso Dlamini in September following complaints from former employees.

The commission, led by Dr Mbuso Dlamini, began its investigation with a visit to the hospital on October 1. However, TLC management sought a court order to halt the inquiry, claiming it was unlawful. The High Court initially granted an interim order, but later dismissed the application, allowing the inquiry to proceed. Despite this, TLC management has taken the matter to court, seeking a review of the judgment.

The commission's terms of reference outline its mandate to establish facts surrounding allegations of misconduct, malpractice, and breaches of medical ethics at TLC. It aims to identify wrongdoing, quantify losses, determine accountability, and recommend corrective measures. The commission also has the authority to secure and preserve evidence and recommend the suspension of processes or restriction of access where necessary.

An email allegedly sent by a TLC executive member instructed workers to refer questions from government representatives to management, advising them not to provide information themselves. The email reassured employees that management and its legal team were handling the matter and urged them to remain calm and focused on serving patients.

The commission was initially expected to complete its investigation within four weeks, but the deadline is unlikely to be met due to ongoing court proceedings. The inquiry seeks to investigate alleged breaches of trust, violations of professional standards, labour legislation, and ethical obligations owed to patients and employees.

The Commission of Inquiry's investigation is crucial in addressing allegations of misconduct and malpractice at TLC. Its findings and recommendations will help to establish accountability and ensure that corrective measures are taken to prevent similar incidents in the future.

The outcome of the commission's investigation will be closely watched by stakeholders, including patients, employees, and the general public. Its report is expected to provide an account of the alleged irregularities and recommend measures to address any wrongdoing established during the investigation.

Key points

• The Commission of Inquiry has the authority to interview employees and relevant parties to investigate allegations of misconduct and malpractice at The Luke Commission.
• The commission's investigation was temporarily halted due to a court order sought by TLC management, but was allowed to proceed after a High Court judgment.
• The inquiry aims to establish facts, identify wrongdoing, and recommend corrective measures to address allegations of misconduct and breaches of medical ethics at TLC.