MBABANE – High Court Judge Mumcy Dlamini has thrown out the government’s attempt to intervene in the ongoing EswatiniMed legal battle, dealing a blow to its efforts to halt the suspension of Principal Officer Peter ‘Samora’ Simelane and board member Sammy Dlamini.
The ruling, delivered yesterday, comes as the interim Board of Directors seeks to enforce court orders barring Simelane and Dlamini from performing their duties. A full judgment with reasons will follow.
Government lawyers, led by Assistant Attorney General Mbuso Simelane, had argued that EswatiniMed was being run like a “church” rather than a properly governed entity, lacking accountability and legitimate leadership. Simelane claimed the interim Board had no authority when it suspended Samora in March.
But the interim Board, represented by lawyer Philisi Mtjali, shot back, saying the government’s application came too late. “The horse has already bolted,” Mtjali argued, insisting the case had moved past the point where government intervention would make a difference.
He questioned why the state, a shareholder but not the sole one, only now sought to join the dispute without an official resolution. Mtjali also pointed to a past statement by former government spokesperson Alpheous Nxumalo indicating authorities would stay out of the matter.
The interim Board maintains its actions are necessary to stabilize EswatiniMed, including recovering allegedly misused funds. Mtjali suggested if government wanted representation, it should replace Sammy rather than disrupt court processes.
Judge Dlamini’s dismissal leaves the interim Board free to proceed with enforcing its orders while the broader legal fight over EswatiniMed’s governance continues.
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