Africa-Press – Eswatini. A health facility has run to court to interdict former Judge Sipho Nkosi from setting foot in any of its establishments in the country.
In its urgent application, Baylor College of Medicine has narrated how its staff members and doctors were allegedly insulted, threatened, harassed and ridiculed by the former judge, who is now a practising attorney. Baylor College of Medicine Children’s Foundation – Eswatini, known as Baylor Foundation Eswatini, is a not-for-profit child health and development organisation that operates Baylor College of Medicine – Bristol Myers-Squibb Children’s Clinical Centres of Excellence – Eswatini (COE) and two satellite clinics. In its court application Baylor College of Medicine contended that Nkosi’s purported interference and unscrupulous behaviour was unwarranted and trampled upon its right of admission.
Traumatised
He is alleged to have done this on diverse occasions and the staff members of the establishment are reportedly now traumatised and feared to provide Nkosi’s wife and minor children with medical care due to his ( Nkosi) alleged unscrupulous behaviour. These are allegations contained in an affidavit whose veracity is still to be tested in court. According to the management of the health facility, Nkosi had allegedly become a thorn in the flesh of its staff members. In its application, the applicant entreated the court to issue an order interdicting and restraining Nkosi from entering its premises either in Mbabane, Manzini or Hlatikhulu. It is further the applicant’s plea that the respondent (Nkosi) should be interdicted from accompanying his children and their mother to its premises during their monthly treatment routine or on any day.
The applicant implored the court to direct members of the Royal Eswatini Police Service (REPS) to be duly authorised to assist in the execution of the order in the event same was granted. Baylor College of Medicine Executive Director, Makhosazana Dlamini averred that Nkosi’s unabated behaviour would continue to traumatise the applicant’s staff members, other client and/or patients. She informed the court that the respondent’s continued behaviour on the premises of the applicant was threatening to its good name and profession and this must be jealously safeguarded to avoid tarnishing the dignity of the establishment to its utter prejudice and detriment. The executive director related to the court that on or about 2022, Nkosi’s wife and children commenced utilising the applicant’s facilities as their main hospital for check- ups and medical centre.
Wife
She submitted that Baylor College of Medicine was a children-focused and family-centred institution, which had been providing healthcare towards Nkosi’s wife and minor children.
Dlamini highlighted that the applicant received grants from donors which cater for its expenses. The executive director pointed out that as such the organisation; the applicant had certain standards which they abide by in their daily running and professionalism of the institution. She mentioned that the respondent’s wife and children attended to the applicant’s institution and on certain occasions he accompanied them during their consultations and monthly check- ups. Dlamini recounted that on December 2022, at their Mbabane facility premises, Nkosi while accompanying the children and their mother, found the said premises closed. “He approached the applicant’s staff members who were present on the said date and duly threatened, harassed and insulted them. Nkosi utilised disrespectful and derogatory language against the applicant’s staff members,” submitted the executive director.
She said in great shock, the staff members attempted to quell the situation with the respondent. Dlamini submitted that pursuant to Nkosi vacating the premises, the situation was reported to her for attention. “On January 2023, a similar situation occurred wherein Nkosi, while accompanying the mother and children for their monthly healthcare consultation, and without any due reason, insulted the medical practitioner due to attend to the mother and the children,” submitted Dlamini. She told the court that pursuant to the above-mentioned, there had been contained incidents from Nkosi, which had made him a difficult parent and the accompanying spouse to deal with. She brought it to the attention of the court that the applicant had never at any material time condoned Nkosi’s behaviour. The executive director proceeded to relate to the court that on August 29, 2023, Nkosi, his wife and children visited the applicant’s Manzini facility premises, for their usual medical consultation.
Care
She said it was apposite to mention that at all material times, Nkosi’s wife and children were being offered medical care in the applicant’s Mbabane facility. She highlighted that as a general practice, a patient was required to attend the same facility wherein he or she got his or her medical care for ease of monitoring. Dlamini stated that as per practice, upon arrival in Manzini, they were advised to obtain a transfer letter from the Mbabane branch of the establishment. “It was at that point that the respondent (Nkosi) demanded that we attend to his wife and children despite the general transfer procedure having not been followed,” argued Dlamini. She told the court that upon rejection of Nkosi’s demand, he allegedly commenced insulting and threatening the doctors along with staff members. The matter is still pending in court and appearing for the applicant is Mdumiseni Dhlamini of S.V Mdladla & Associates. Through his attorney, Linda Dlamini, the former judge has since filed a notice of intention to oppose.
He is now expected to file his comprehensive papers outlining why he is against the granting of the order as prayed for by the applicant in its papers. Nkosi was removed from being a judge by His Majesty King Mswatini III for serious misbehaviour. The Judicial Service Commission (JSC) conducted a hearing that culminated in the dismissal of Nkosi and concluded the process in November 2021, after calling only two witnesses. Nkosi was not present during the hearing. He had served the JSC with a letter in which he complained about a number of things, including the conduct of Chief Justice Bheki Maphalala, whom he accused of breaching the Constitution.
Impeachment
He requested to proceed to Lozitha to serve the King’s Advisory Council (Liqoqo) with the letter. The JSC proceeded with the impeachment while he had gone to Lozitha to deliver the letter of complaint. Nkosi told this publication at the time that he was not fazed about the outcome of the impeachment. He said he had no fear about what the JSC may recommend to the King.
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