Drugs Investigation: Industrial Court Halts Disciplinary Action Against Health Officials

The Principal Secretary (PS) in the Ministry of Health has been barred from pursuing disciplinary actions against Principal Procurement Officer Sincedile Magwaza and Deputy Director Pharmaceutical Fortunate Bhembe. The two health officials sought an urgent interdict from the court after formal charges of misconduct were leveled against them. The Industrial Court Judge Muzikayise Motsa granted the consent order, restraining the PS from continuing the disciplinary process.

The interim court order, returnable on February 19, 2024, prohibits the PS from proceeding with disciplinary actions against Magwaza and Bhembe, citing contravention of court orders issued on November 27, 2023, and October 31, 2023.

During the court session, government lawyer Vikinduku Manana consented to the interim order, explaining that a charging error had occurred, leading to incorrect charges against the applicants. He assured the court that the respondents would comply with the order. However, Judge Motsa expressed surprise at the recurring need for consent orders in the case.

The charges against Magwaza and Bhembe are part of an investigation into irregularities concerning the procurement, acquisition, and distribution of medical drugs and supplies in the Ministry of Health. Nine senior officials, including the applicants, have been charged with misconduct, and the investigation is ongoing.

In their application, Magwaza and Bhembe argued that the disciplinary actions by the PS and the Civil Service Commission (CSC) violated a court order issued on October 31, 2023. This is the second time the health officials approached the Industrial Court successfully, with the prior order also issued by consent of both parties.

The applicants claimed that the PS’s actions were deliberate and mala fide, considering his awareness of the court orders. They emphasized the gravity of government officials allegedly defying court orders and sought an interim interdict to prevent harm during the ongoing court proceedings.

Represented by Senior Lawyer Zweli Jele of Robinson Bertram, the applicants contended that urgent court intervention was necessary to prevent the potential harm they could face during the disciplinary process.