MBABANE – The Eswatini Medical Christian University (EMCU) Council has launched an urgent High Court application against Prime Minister Russell Mmiso Dlamini, seeking to stop a Commission of Enquiry established to investigate the institution and accusing the premier of acting outside the law.
In papers filed before the High Court on June 24, EMCU seeks an interim interdict preventing the Prime Minister and members of the commission from proceeding with any investigation pending a court determination on the legality of the commission’s establishment.
The university council argues that the Prime Minister exceeded his powers by announcing and operationalising the commission without complying with the requirements of the Commission of Enquiries Act, 1963.
EMCU, represented by Council Chairman Dr Bongani Dlamini, contends that the commission lacks legal standing because no notice establishing it has been published in the Government Gazette, as allegedly required by law.
The respondents cited in the application include Prime Minister Russell Mmiso Dlamini, commission chairperson Mbuso Simelane, commissioners Attorney Mangaliso Magagula, Attorney Setsabile Matsebula, Attorney Hlobsile Ndzimandze and Attorney Lunga Dlamini, as well as the Anti-Corruption Commission (ACC), the Principal Secretary in the Ministry of Education and Training and the Attorney General.
According to the application, the Prime Minister publicly announced the establishment of the commission on June 18, 2026, and introduced its members. EMCU claims that despite the announcement, no legal instrument establishing the commission was gazetted and no terms of reference were formally published.
The council argues that it expected the commission’s terms of reference and legal basis to be made public through publication in the Government Gazette, allowing affected parties to assess its legality and scope.
Dr Dlamini states that the urgency of the matter only became apparent on June 23 when the university was informed that the Prime Minister would visit the campus the following day to formally introduce and commission the inquiry team.
“It was only upon receipt of this information that it became apparent that the Commission was about to commence its work notwithstanding the absence of a Government Gazette and notwithstanding the Applicant’s concerns regarding the legality of its establishment and the composition of its membership,” the application states.
EMCU argues that once the commission begins operating, it could summon witnesses, receive evidence and make findings before the courts have an opportunity to determine whether it was lawfully constituted.
The council maintains that such actions could cause irreparable prejudice, particularly if the commission is later found to have been unlawfully established.
Central to EMCU’s challenge is its interpretation of Section 3(1) of the Commission of Enquiries Act, which provides that “any Minister may, by notice in the Gazette, issue a commission appointing one or more commissioners”.
The university argues that the provision makes publication in the Government Gazette a mandatory requirement and that a commission cannot lawfully come into existence through a public announcement or press briefing.
The council further contends that the Act empowers a minister to establish a commission of enquiry and does not expressly grant such authority to the Prime Minister.
In its papers, EMCU argues that ministers are appointed under a different subsection of the Constitution from the Prime Minister and that the legislature intentionally limited the power to establish commissions to ministers.
“Had the legislature intended that the Prime Minister also be entitled to appoint a Commission of Enquiry, then it would have provided so expressly,” the application states.
The university is also relying on information it says it received indicating that Cabinet resolved on June 23 that the commission should not proceed and that investigations into EMCU should instead be left to processes already being conducted through the Minister of Finance and the Auditor General.
The council claims the Prime Minister’s decision to continue with the commission despite that alleged Cabinet position demonstrates the irregularity of the process.
Another major plank of EMCU’s case is the existence of multiple investigations into the institution.
According to court papers, Parliament has already been conducting an inquiry into EMCU since November 2025 and is yet to release its findings. At the same time, the Anti-Corruption Commission is investigating allegations relating to the university.
The council states that on June 19, the ACC executed a High Court-authorised search and seizure operation at EMCU offices, confiscating documents, computers and electronic records.
The Auditor General is also expected to undertake an investigation into the institution.
EMCU argues that establishing an additional commission of enquiry would create duplication, increase costs and expose the university to conflicting findings from different investigative bodies.
“The simultaneous operation of these investigations together with the impugned Commission creates a real risk of duplication, conflicting findings, unnecessary expenditure of public resources and substantial disruption to the operations of the University,” the application states.
The university further raises concerns about the composition of the commission.
It alleges that commission chairperson Advocate Mbuso Simelane has previously been associated with EMCU through the EMCU Foundation, a resource mobilisation structure established by the university.
The council claims this relationship gives rise to a reasonable apprehension of bias.
It also objects to the appointment of Attorney Mangaliso Magagula, alleging that he previously acted for former EMCU Vice-Chancellor Paul Seung-Hun Yang in litigation against the university and may therefore not be sufficiently independent.
Beyond challenging the commission itself, EMCU uses the application to defend its governance record.
The council states that it assumed office in 2025 with a mandate to restore institutional stability and address longstanding governance challenges.
It says allegations of financial mismanagement being investigated by Parliament and other authorities are disputed and unsupported by available evidence.
According to the application, audited financial statements prepared by SNG Thornton Auditors found no financial irregularities within the institution.
The council argues that the ongoing investigations, coupled with the seizure of university records by the ACC, place EMCU at a disadvantage because it no longer has access to documents it may need to respond to allegations or assist in inquiries.
EMCU is asking the High Court to immediately suspend the commission’s activities while it files a substantive application challenging the legality of its establishment.
The university says it is not opposed to investigations into its affairs but insists that any inquiry must be conducted through a lawful, fair and properly constituted process.
The matter was filed as one of urgency, with EMCU arguing that it cannot obtain substantial redress through ordinary court procedures because the commission was due to begin its work immediately.
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