The Eswatini High Court has granted an interim order halting the inauguration and public announcement of the newly-constituted Eswatini National Provident Fund (ENPF) Board. This decision comes after an urgent application was filed by business and labour federations challenging the appointment process. The application was submitted by the Federation of Eswatini Business Community (FESBEC), Themba Dlamini, Business Eswatini, Nathi Dlamini, and the Trade Union Congress of Swaziland (TUCOSWA).
The dispute centers on the exclusion of two nominees and the appointment of the Principal Secretary (PS) in the Ministry of Labour and Social Security, Makhosini Mndawe, to the Board. The applicants argue that the decisions were irregular and inconsistent with the arrangements governing representation of employers’ organisations on the Board. They contend that the exclusion of FESBEC nominee Themba Dlamini and the rejection of Business Eswatini nominee E. Nathi Dlamini were unjust.
The applicants also dispute the appointment of Mndawe as a Board member, citing concerns over his role as PS in the Ministry of Labour and Social Security. According to the Eswatini National Provident Fund Order of 1974, two public officers can be appointed to the board, but the applicants question the propriety of Mndawe’s appointment. The interim order was issued to prevent the minister from inaugurating or publicly announcing the Board pending the final determination of their review application.
The urgency of the matter was emphasized by the applicants, who received electronic notification late on Tuesday evening, October 27, 2026, that the Board was due to be inaugurated and/or publicly announced at SibaneSami Hotel at 10am the following day. They argued that the short notice left them with insufficient time to approach the court through the ordinary review process before the planned event.
One of the central issues in the application is the alleged failure to follow a rotational arrangement for nominations by employers’ federations. FESBEC CEO Ben Simelane stated that there was an established convention under which employers’ federations took turns to nominate representatives to the ENPF Board. FESBEC maintains that it was its turn to nominate a representative to the new Board but alleges that the minister instead invited the Business Federation of Eswatini to submit a nomination.
The dispute is linked to the previous Board, which was appointed around November 2025 and subsequently dissolved by an instrument dated July 29, 2026, following a parliamentary inquiry into irregularities in the appointment of some Board members, including the chairperson. The applicants argue that the previous Board’s short existence should not be treated as a completed term of office for purposes of determining whether their nominees were eligible for appointment to the succeeding Board.
The case will continue to be heard in court, with the applicants seeking a substantive review of the minister’s decisions. The respondents include Minister Phila Buthelezi, Simon Khumalo, the Business Federation of Eswatini, the attorney general, and the ENPF. The applicants want the minister’s decisions relating to the nomination and appointment of the disputed Board members reviewed and set aside.
Key points
- The Eswatini High Court has halted the inauguration of the new ENPF Board due to disputes over the appointment process.
- The disputes center on the exclusion of two nominees and the appointment of the Principal Secretary in the Ministry of Labour and Social Security to the Board.
- The applicants argue that the decisions were irregular and inconsistent with the arrangements governing representation of employers’ organisations on the Board.
