Africa-Press – Eswatini. Sincedile Magwaza is alleged to have received funding from government suppliers of drugs and medical supplies for unathorised international trips for herself and her family.
Magwaza, who is the Principal Procurement Officer in the Ministry of Health, has now been called upon to answer on those allegations. She is further accused of having purportedly received monies from the suppliers; Swazipharm and Cerium Scientific. The allegations against Magwaza were made by the Principal Secretary (PS) in the Ministry of Health Khanya Mabuza, in the matter where the former wants to interdict the Civil Services Commission (CSC) from continuing with a pre-suspension hearing, which was slated for today.
Suspension
Magwaza, who is currently on suspension and Deputy Director-Pharmaceutical Services Fortunate Bhembe, previously obtained an order interdicting government from proceedings with a forensic investigation against them. The investigation concerns irregularities relating to the procurement, in particular the acquisition and distribution of medicine, to public health institutions. The investigation against the duo has been stopped for now, pending the outcome of the matter before court. In his answering affidavit, the PS brought it to the attention of the court that the departmental preliminary investigations were still ongoing, hence the additional allegations of misconduct against Magwaza on October 25, 2023.
Funding
He stated that the applicant (Magwaza) allegedly received funding from government suppliers for the undeclared international trips. In one of the messages annexed to the court papers, it is alleged that Magwaza travelled overseas a lot and it was alleged that Dave funded her trips. In the same message, it is further alleged that she also travelled to South Africa a lot, maybe two weekends per month. “Apparently her wealth is stored in SA….. Sincedile apparently opens a block of flats in JHB and other businesses (sic),” reads a message annexed to the court papers which was purportedly forwarded by Charles Kwezera, who was one of the investigators.
These are allegations whose veracity is still to be tested in court. “I further state that the applicant having received these additional allegations, decided not to respond to same but rushed to court to interdict the respondents from continuing with the whole preliminary investigation process,” contended the PS. Respondents in the matter are the chairman of the CSC, PS in the ministry of Health, auditor general (AG) and Funduzi Forensic Services (PTY) Limited. The PS brought it to the attention of the court that the preliminary investigations had already begun in the form of exchanging correspondences between him and Magwaza. Mabuza argued that the Industrial Court could not then halt this crucial process, which was the sole prerogative of the employer. It was further his submission that there were no compelling circumstances to warrant the intervention of the Industrial Court.
He argued that in the absence of compelling circumstances, the Industrial Court could not then interrupt the process. The PS highlighted that Magwaza was seeking an order interdicting the respondents from proceedings with the pre-suspension hearing, which was scheduled for today. “I deny that there was a general scheme to pursue the forensic audit with the intention of getting rid of certain employees or falsely implicating officers. The forensic audit was following a public outcry for the shortage of drugs in all public health facilities,” argued Mabuza. The PS also denied that there was a conspiracy to have Magwaza dismissed from work. He said the applicant was merely being called upon to exercise her right as per the audi alterum partem (listen to the other side) rule in the serious allegations of misconduct. He alleged that Magwaza had jumped the gun by approaching the Industrial Court without first approaching the chairman of the CSC on this issue and in the process purportedly undermined the autonomy of the administrative process. The PS averred that consequently, the conduct of the applicant rendered the judicial process premature. According to Mabuza, the applicant ought to have approached the chairman of the CSC to obtain all the answers she required.
Decision
“The first suspension was precautionary in nature and so is the one being proposed for a totally different purpose, subject to the final decision of the first respondent (chairman of the CSC),” submitted the PS. He informed the court that the pre-suspension hearing scheduled for today, was in alignment with the provisions of Sections 39 and 41 of the Civil Service Regulations, whereby, a preliminary investigation had already been initiated and in that the allegations of serious misconduct had already been served upon the applicant. Mabuza highlighted that Magwaza had also furnished some of her responses to these allegations; hence the preliminary investigation had started and was ongoing. The PS mentioned that Magwaza was allegedly misleading the court in believing that there was an interim court order that was operational. He stated that, the last appearance in court for the matter with Industrial Court case: 159/2023 was October 17, 2023 and there was no appearance on behalf of applicant, hence the rule and/interim order lapsed. Mabuza was referring to the matter where the duo of Magwaza and Bhembe obtained an order to interdict investigations against them. Mabuza submitted that an interim order received no automatic extension; it had to be applied for. “It is, therefore, our submission that the applicant is under the fallacy that the said interim order is operational. There is no rule to that effect. The applicant cannot then allege that the respondents are contemptuous,” he argued. The correspondence inviting Magwaza for the pre-suspension hearing was written by the PS.
Failed
“It is alleged that as principal procurement officer employed by the Government of Eswatini, you failed to act in a proper manner by placing yourself in a conflicting position in that as director of Larreth Group, a company dealing with procurement training, you are alleged to have received amounts of money from the same government suppliers of drugs and medical supplies, namely Swazipharm and Cerium scientific,” reads part of the correspondence that was written to Magwaza by the PS. It is further alleged that Magwaza had improper relationship with a supplier to government and allegedly did not disclose an agreement entered into between Cerium Scientific and her, thereby, acting in conflict of interest. The matter is still pending in court and appearing for the applicant is Zweli Jele of Robinson Bertram, while for the respondent is Vikinduku Manana, from the chamber of the attorney general.
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