Swazi Observer

FULL STORY

WARRANT OF ARREST OUT FOR ESWATINIMED CEO

By Simanga Gamedze | 2025-04-06

High Court Judge Titus Mlangeni has issued a warrant of arrest for EswatiniMed Chief Executive Officer (CEO) Peter Simelane for contempt of court. This follows EswatiniMed’s decision to terminate medical aid cover for 165 EswatiniBank employees despite an initial court order interdicting the company from doing so.

In a strongly worded ruling, Judge Mlangeni said the court would not allow its authority to be undermined. He stated that their jobs would become meaningless if they could issue orders that could not be respected. He added that this would not happen in his court.

The matter arises from EswatiniMed’s decision to cut off medical aid coverage despite an interdict issued by the court interdicting such action. The medical aid provider allegedly went ahead with the termination at the end of March, five days before the termination date they themselves had set, April 5.

On March 31, Mlangeni ordered that EswatiniMed be interdicted from terminating the medical aid coverage it currently provides to 165 of EswatiniBank employees, pending the finalisation of the matter before court. The applicant’s lawyer, Zweli Jele, stated that the move was not only illegal, but a deliberate act of defiance. “They were aware of the order.

It was presented to them. They have chosen not to offer any explanation, not even claiming technical issues. This is persistent behaviour meant to frustrate justice,” Jele stated.

He asked the court to compel EswatiniMed to reinstate the medical aid and to hold the CEO in contempt if the company fails to comply. He further prayed that Simelane be jailed for contempt, arguing that this was the only way to restore the dignity of the court and protect the rights of affected bank employees.

“They voluntarily walked out of court. They had no right to appeal from outside the court. They should have gone to the Supreme Court to request a stay of proceedings if they felt aggrieved. Instead, they walked out and chose silence. That is not how the law works,” Jele emphasised.

Appeared
EswatiniMed’s lawyer Sabela Dlamini appeared before the court on Thursday, but admitted to being unfamiliar with the case due to only recently being handed the brief. He explained that the company had already executed the termination by the time the interdict was received.

According to Dlamini, the proper route would have been an application for reinstatement rather than contempt. However, Judge Mlangeni was unimpressed.

He reminded Dlamini that Simelane had earlier informed the court that he would seek new legal representation and that the assumption was that the matter would be taken up by Dlamini, who is a senior partner in the firm, where the dismissed senior lawyer and President of the Law Society of Eswatini Mangaliso Magagula is a partner.

The judge firmly stated that walking out of court was never an acceptable option, adding: “You are scrambling the barrel”. Dlamini tried to argue that the respondents had the constitutional right to choose their legal representatives and that their submissions had legal finality allowing them to appeal. But Jele quickly countered that the choice of legal representation did not give them the right to disrespect court processes or ignore orders.

“There was no ambiguity in the order. The respondents were interdicted from terminating the medical aid. They did it anyway. That’s contempt,” Jele argued. Judge Mlangeni concurred, noting that the court order had been clear and that the respondents’ conduct amounted to an obstruction of justice. He said the premature termination of cover done before even the date EswatiniMed had set, was further evidence of deliberate non-compliance.

The judge then ordered that Simelane be physically present in court when the order is delivered. When Dlamini reported that he could not reach Simelane despite leaving messages at his office and on his phone, Judge Mlangeni issued a warrant of arrest on the spot. “The police will find him and bring him before this court,” the judge ruled.