The Luke Commission, a non-profit healthcare organisation in Eswatini, has launched a new urgent application seeking an interim order to suspend the commission of inquiry's operations. The organisation argues that its establishment is unlawful, irrational, and unconstitutional. This move comes after the High Court ruled in favour of the government on a preliminary point of law in the organisation's previous application.
According to Dr. Harry Vanderwal, co-founder of The Luke Commission, the previous application encountered difficulties after the government challenged his authority. The government had argued that The Luke Commission lacked the necessary legal standing to approach the court and that Vanderwal had not demonstrated that he was authorised to institute the application. This led to an adjournment to allow The Luke Commission to provide documents establishing its legal standing and Vanderwal's authority to act on its behalf.
The Luke Commission subsequently submitted its Memorandum of Incorporation, Articles of Association, and a Board resolution authorising Vanderwal to institute the proceedings. However, the government's legal representative raised another point of law, arguing that the resolution did not demonstrate that a majority of the directors had attended the meeting and voted in favour of authorising Vanderwal to institute the proceedings. Judge Zonke Magagula reserved judgment, upholding the government's objection on the question of the authority of the deponent.
In the new application, Vanderwal states that the judgment prompted The Luke Commission to relaunch its urgent proceedings because the urgency surrounding the commission's investigation remains. He argues that the previous application was not dismissed after the court considered the substantive grounds challenging the commission's establishment, but on a technical issue concerning the authority to institute the proceedings. To address the issue that arose in the previous application, The Luke Commission's Board of Directors convened on October 28, 2026.
During the meeting, all directors were present, and the required quorum was met in accordance with the organisation's governance documents. The Board resolved to institute, defend, and fully participate in the legal proceedings challenging the Commission of Inquiry established through Government Gazette Legal Notice No. 144 of 2026. The Board also authorised Vanderwal to act as the organisation's representative and legal administrative agent, granting him the authority to institute, defend, and conduct legal proceedings.
At the centre of the new application is The Luke Commission's contention that the decision to establish the commission of inquiry was not rationally connected to its stated purpose and was influenced by ulterior motives. Vanderwal argued that several allegations forming part of the commission's terms of reference had already been investigated by other bodies, with some having reached definitive outcomes, while others are currently before statutory or adjudicative institutions.
The veracity of these allegations is still to be tested in court, as the government is yet to file its answering papers. The Luke Commission's relaunch of its fight to stop the inquiry has significant implications for the organisation and the government's efforts to investigate its affairs. The court's decision will ultimately determine the fate of the commission of inquiry and its impact on The Luke Commission.
Key points
- The Luke Commission has launched a new urgent application to stop the commission of inquiry appointed to investigate its affairs.
- The organisation argues that the commission's establishment is unlawful, irrational, and unconstitutional.
- The court's decision will determine the fate of the commission of inquiry and its impact on The Luke Commission.
