Mbabane- Kubutha Member of Parliament (MP) Masiphula Mamba has rejected claims that The Luke Commission (TLC) is being selectively targeted by government, saying the investigation into the healthcare institution is intended to establish clarity on allegations raised against it.
He was responding to questions from Independent News on October 6, 2026, about claims made by TLC in its High Court application that it was being unfairly singled out while other health institutions allegedly performing worse were not subjected to similar scrutiny. TLC further alleged that the continued scrutiny formed part of efforts to push it towards becoming a state-owned entity.
The High Court on October 5, 2026 granted TLC an interim order halting the Commission of Inquiry into its operations and affairs, pending the determination of the legal challenge. The inquiry was established under Government Gazette Legal Notice No. 144 of 2026, while TLC is seeking to have the decision establishing the commission and the Gazette notice reviewed and set aside. The matter is set down for arguments on October 14, 2026.
Mamba, who seconded the parliamentary motion calling for an investigation into TLC, said the organisation was not being targeted. He said the purpose of the probe was to establish the facts and provide clarity on the allegations that had been raised before Parliament.
He also said the High Court’s decision to stop the investigation could affect Parliament’s ability to establish the facts surrounding the allegations. According to Mamba, this was important because Health Minister Mduduzi Matsebula had asked Parliament for an additional 28 days to complete the investigation and table a report before the House.
The MP said the investigation was therefore necessary for Parliament to obtain answers rather than rely on competing claims about TLC and government.
The parliamentary motion was moved by Matsanjeni South MP Sabelo Ndlangamandla and seconded by Mamba. Parliament had directed the Minister of Health to investigate allegations surrounding TLC, including concerns over medical fees and the institution’s operations.
The Minister initially had 14 days to investigate the allegations and report to Parliament but subsequently requested an additional 28 days, saying more work was required before the investigation could be completed. Parliament granted the extension on September 28, 2026.
The Commission of Inquiry was subsequently constituted with a 15-member team to investigate allegations of malpractice at or concerning TLC. Its terms of reference include labour disputes, fees charged to patients, the E50 million government subsidy, the memorandum of understanding between government and TLC, the handling of deceased bodies, medicines, practitioners, health standards, and TLC’s structure and governance.
In its founding affidavit, TLC argues that some of these matters are already dealt with by other statutory bodies. It cites, among other issues, labour disputes involving former employees that are before the Conciliation, Mediation and Arbitration Commission (CMAC), as well as the regulation of medical practitioners, which it argues falls within the mandate of the Eswatini Medical and Dental Council.
TLC also told the High Court that government funding accounts for about 15 per cent of its budget and argued that this did not justify the breadth of the inquiry into its privately funded operations. The organisation further raised concerns about confidential patient and commercial information being exposed through the investigation.
TLC’s affidavit also alleges that an earlier communication from the Office of the Prime Minister directed the organisation to become a state-owned entity, which it presents as evidence of what it describes as ulterior motives behind the inquiry.
The government respondents, represented by the Attorney-General, are opposing TLC’s application. They have raised preliminary legal objections, including questioning TLC’s legal capacity to sue or be sued in its own name and the authority of its representative, Dr Harry Vanderwal, to institute the proceedings.
Mamba maintained that the parliamentary process was not aimed at taking over TLC, but at getting clarity on the allegations that had prompted Parliament to call for an investigation.
He said the stoppage of the inquiry could make it difficult for Parliament to obtain the findings it expected from the investigation and establish the facts surrounding the matter.
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