Africa-Press – Eswatini. The Auditor General Timothy Matsebula has been dragged into the on-going court case challenging the probe into the drugs shortage crisis.
In the latest twist, the auditor general is alleged to have awarded limited tenders to three unknown companies he has relationships with, claims Deputy Director, Pharmaceutical, Fortunate Bhembe.
According to Bhembe, the mere fact that Matsebula identified Funduzi Forensic Services, Clariscent Consultancy and Beyond the Sunset Services for single source procurement process and recommended them to the tender board for appointment, when they all have an unknown track record, speaks volumes.
“All the tenders were awarded pursuant to a limited tender process, and this entailed the auditor general inviting specified entities to submit proposals for the identified work, which meant he must have had prior knowledge of the entities and their credentials,” claims Bhembe.
“The auditor general’s denial of knowledge of Nikilitha and Clariscent is therefore, fanciful to say the least,” she further alleges in her founding affidavit, in a court case against the Civil Service Commission (CSC), auditor general, attorney general, Funduzi Forensic Services as well as the ministry of health’s minister and principal secretary.
Bhembe has approached the court seeking leave to join as a second applicant to interlocutory proceedings instituted by Sincedile Dlamini-Magwaza, which if granted, means she would also not be a subject of the ongoing show-cause disciplinary hearings by the CSC against the suspended ministry of health employees.
She also wants the court to interdict and restrain the CSC and the ministry of health from continuing with the disciplinary process pending finalisation of court proceedings.
Bhembe is also requesting the court to declare the institution of disciplinary action against her based on evidence from a report compiled by Funduzi Forensic Services, a violation of the court’s order and in contempt of court, given the interim court order granted by the court on June 16, which interdicted the attorney general from requiring her and Dlamini-Magwaza to appear before an investigation panel constituted by individuals previously part of or associated with Nikilitha/Clarriscent and Funduzi.
This was after the alleged extortion by one of the investigators, Charles Kwezera.
Through her lawyer, Robinson Bertram Partner Zweli Jele, Bhembe shone light on Nondumiso Thwala, Director of Beyond the Sunset Services in the affidavit, claiming the auditor general must have known her, or at-least her entity, in order to shortlist it for a single source tender.
Thwala’s company was awarded a tender for consultancy services in the enhancement of legal framework and organisational development of policies for the auditor general’s office.
Funduzi Forensic Services was awarded the tender to conduct a forensic investigation into the acquisition and distribution of medicines to public health facilities, and the tender to forensic audit into the acquisition of an embassy house.
Irregularities
Clariscent, on the other hand, was awarded a tender to investigate irregularities at the Central Transport Administration as well as at the Small Enterprises Development Company (SEDCO).
Bhembe alleges that Thwala invited Nikilitha to subcontract for her company, and the company submitted all relevant documentation consequent to the invitation, but no agreement was reached as the entity was not engaged.
“What transpired instead was that Thozama Mahlangu, one of the company’s members, was engaged in her personal capacity and was remunerated for her role by Nondumiso Thwala directly,” Bhembe alleges.
She further claims Mahlangu resigned or pulled out of the investigation on April 10, and brings to the attention that it was therefore conspicuous that a letter to the minister of finance, which was on Nikilitha stationery issued on May 31.
“Evidently the stationery of Nikilitha was in all probability used without the authority as Nikilitha had severed all relationship with the forensic investigation,” Bhembe argues, poking holes at how the company’s documents were then submitted by the auditor general to the tender board as part of motivation for the award of a single source tender.
She also claims it has been evident that there have always been intentions to dismiss her for what was to be termed negligence resulting in the shortage of drugs in public health facilities.
She further claims that Kwezera indicated to her and Dlamini-Magwaza that she was to be implicated in the purchase of antiretroviral drugs without a purchase order in the material he showed them.
“Remarkably, the same allegation now constitutes part of the show-cause disciplinary process,” submitted Bhembe.
The veracity of the claims is yet to be tested in court.
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