Mbabane- The Luke Commission (TLC) has hit back at government over its handling of allegations against the healthcare organization, accusing the executive of publicly condemning it before the allegations have been tested through the lawful processes meant to establish the ²truth.
In a statement issued on Friday, TLC said government’s public statements, including the statement issued on August 11 and subsequent remarks by Prime Minister Russell Mmiso Dlamini in the Senate, risked undermining due process and creating an impression that the organisation had already been found guilty.
TLC maintained that the allegations being circulated against it remain unproven and argued that their repetition by senior government officials does not transform them into established facts.
“The Rule of Law cannot operate on the principle that an institution must first be publicly condemned and only thereafter subjected to the lawful processes established to determine whether the accusations against it are true,” the organization said.
The statement comes amid mounting scrutiny of TLC following complaints and allegations raised by former employees, with the matter now drawing the attention of Parliament and government.
The former employees delivered a petition to the PM last week, seeking an investigation into alleged labour practices, financial management, patient billing, medication and compliance with health regulations at the organization. The petition was reportedly submitted on behalf of 80 other former employees.
Among the allegations raised by the former employees are claims relating to employment contracts, outstanding employee benefits, salary deductions, provident fund contributions and the utilisation of government and donor funding. They also called for investigations into whether patients were being charged for medicines and medical supplies obtained through government-supported programmes.
The former employees further raised concerns about alleged expired medicines and questioned whether TLC was undergoing the mandatory inspections required by the Ministry of Health. They also alleged that about 30 employees were dismissed in July following labour-related complaints.
These remain allegations and have not been established as fact. Against this background, Government announced on August 11 that it would investigate the allegations facing TLC after former employees approached the Prime Minister with complaints involving labour practices, patient care, medical ethics and governance.
The issue subsequently spilled into the Senate, where Prime Minister Dlamini described the allegations as shocking and told Senators that government was working to establish the truth behind claims involving patient treatment, staff conditions, medication and public funds.
Contrary to the allegations, TLC said government’s own August 11 statement acknowledged that the allegations still needed to be substantiated through due process.It argued that this acknowledgement should mean that the allegations remain allegations until competent authorities have examined the evidence and reached findings.
“An allegation does not become a fact because it is serious, because it is repeated, or because it is communicated from a position of authority,” TLC said.The organization further warned that statements made by the country’s highest executive office carry considerable weight and could prejudice both TLC’s reputation and any subsequent investigation.
According to TLC, healthcare, professional, employment and labour matters should be dealt with by the statutory bodies and institutions legally mandated to handle them, rather than being determined through public pronouncements.The organization said affected parties must also be given an opportunity to respond before
The health institution further said such conduct could undermine confidence in the independence and fairness of any process that follows. It stressed that its concern extended beyond TLC, arguing that the precedent created when allegations against institutions are publicly discussed before statutory processes have been completed could have wider implications for procedural fairness and the separation of institutional responsibilities.
“No institution should first be publicly adjudged guilty and thereafter be required to prove its innocence,” TLC said. The organization also disclosed that, despite the public controversy, it had not received any formal request concerning the allegations from the authorities as of the date of its statement.
The latest confrontation is not the first time TLC and government have publicly disagreed over the organization’s role, funding and accountability. TLC has faced growing scrutiny over its relationship with government, particularly following parliamentary questions around public funding allocated to the organization.
In July, Members of Parliament questioned why Government continued to provide TLC with an annual E50 million subvention amid complaints about medical charges and whether taxpayers were receiving value for money from the public investment.
TLC has previously defended its financial accountability, stating that it undergoes independent external audits and that government-linked agreements contain reporting and verification requirements. The organization has also previously said that a Ministry of Finance audit reviewed its financial transactions and records without finding misappropriation or misallocation of funds.
In May, TLC also responded to allegations concerning its staffing, healthcare operations and financial position, saying some of the claims originated from former employees involved in previous disciplinary, employment or investigative processes. The organization maintained at the time that several of the public claims did not correspond with its internal records. ([The Luke Commission][6])
The dispute has also entered the courts. In July, TLC approached the High Court over social media posts alleging corruption and labour abuses, saying the campaign threatened its reputation and international donor funding.
Despite the escalating controversy, TLC said it remains fully operational and will continue providing healthcare services.The organization said it remains committed to the Constitution, the Rule of Law and the institutions of the Kingdom of Eswatini.
It called for the allegations to be subjected to the same principles of fairness and due process that it says should apply to every institution and individual.“Allegations must remain allegations unless and until lawfully established as fact. Due process must precede public condemnation, not follow it,” TLC said.
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