Africa-Press – Eswatini. Robinson & Bertram Attorneys Partner, Zweli Jele says minister of finance Neal Rijkenberg’s statement defending the controversial engagement of the forensic audit company conducting the drugs shortage probe, is in contempt of court.
Rijkenberg released a statement on Wednesday defending the controversial engagement of the forensic audit company tasked with getting to the bottom of alleged irregularities in procurement, acquisition and distribution of medicines to public health facilities.
In the statement, the minister said the forensic audit company (Funduzi Forensic Services) was awarded the tender after following a procurement process approved by the government tender board, and assured the public that the company has vast experience and technical expertise.
Robinson & Bertram Attorneys law firm represents two civil servants, Sincedzile Dlamini-Magwaza and Fortunate Bhembe, employed by the ministry of health under the pharmaceutical services in the on-going litigation, where they are challenging, among other things, this procurement process of the forensic investigation tender.
“The minister has made certain statements that pertain to issues that are still to be determined by the Industrial Court,” said Jele, responding to questions from this newspaper.
“It is impermissible for the minister to make definitive announcements on issues that the court is still to decide on. It violates the sub judice principle,” said the veteran legal practitioner.
Jele made a case in point with the minister’s comments about Charles Kwezera, an employee of the Funduzi Forensic Services who was allegedly seeking to extort money from some of those involved in the investigation.
“This is an issue that we have placed squarely before the Industrial Court, and in that connection have made allegations concerning other members of the investigating team,” Jele revealed.
“One only needs to read our founding affidavit to appreciate that the statement by the minister is wholly impermissible,” stated Jele, further complaining that the minister put it as a statement of fact that the “remainder of the investigating team isn’t contaminated.”
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Jele also brought to light the fact that there is currently an operative order of court prohibiting any investigation of their clients by Funduzi, Nikilitha and Clariscent, and said if the minister was looking forward to receiving the report, was carried out by any of the aforementioned entities and touches upon their clients, then they would be obliged to institute appropriate contempt proceedings.
The two civil servants obtained the court order on June 16, 2023 whereby the ministry and forensic audit company Funduzi were interdicted and prohibited from performing or carrying out an investigation against them.
Robinson & Bertram also disclosed that it conducted a company search in South Africa concerning the entity known as Funduzi.
“Our findings are contained in our founding affidavit and those issues are also squarely before the court, so we consider it regrettable that the minister has now made public pronouncements on matters that the court is still to determine,” said Jele, promising to bring the minister’s statement to the attention of the court to seek the appropriate redress.
In his statement, Rijkenberg said his office was assured that the test of the outcomes of the forensic report would be the extent to which its findings and conclusions can be supported by independently verifiable evidence and not any other consideration.
The minister further stated that Cabinet met with the company’s representatives (Funduzi Forensic Services) and the auditor general (AG) with the intention of delving into the engagement process to ensure that it wasn’t tainted with illegality. According to Rijkenberg, the office of the auditor general contracted the company through its local extension company following a procurement process approved by the government tender board.
He said procedurally, the company filed its tender bidding documents, where the statutory documentation submitted showed that they are local.
He gave prominence to the fact that the company had vast experience and technical expertise, stating that its technical profile was appealing and captured the interest of the office of the auditor general, who rated them higher than their competitors for the bid.
Rijkenberg clarified the issue of Charles Kwezera, an employee of the company who allegedly was seeking to extort money from some subject to the investigation, and said the company pulled the plug on him.
He assured the public that the remaining Funduzi team are seasoned professionals, consisting of among others, an advocate of the South African High Court, a medical doctor, a senior pharmacist, senior forensic practitioners and forensic accountants.
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