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JUDGE REMANDS ‘SAMORA’ IN CUSTODY

By KHAYA SIMELANE | 2025-04-06

In a day full of drama and twists and turns, Eswatini Med Chief Executive Officer (CEO) Peter ‘Samora’ Simelane has landed in custody after all.

Simelane was yesterday remanded into custody by High Court Judge Titus Mlangeni until tomorrow, when his case for contempt of court will be heard.

The embattled EswatiniMed principal officer appeared in court yesterday afternoon after spending the better part of the day at the Mbabane Police Station and then attempting to dash away from the media.

The turn of events that has led to his arrest follows Friday’s drama at the High Court when Judge Mlangeni made an order for the police to find Simelane and arrest him.

Before issuing the order, Judge Mlangeni had heard an urgent application for contempt of court against EswatiniMed and its principal officer, Simelane.

This followed the termination of medical aid membership for 165 EswatiniBank employees, despite an interim order issued by the court.

Having heard the submissions by both parties, the judge then made it known he would issue an order, but wanted the principal officer present in court. Simelane was not present in court, and the court adjourned while efforts to locate him were being made.

The warrant of arrest was then issued calling for the national commissioner of police to arrest and bring him to the High Court as soon as possible ‘for him to receive directions from the honourable court’.

Delivering his judgment yesterday, Judge Mlangeni said Simelane was being remanded into custody due to his lack of human elements, which he said was evident in his attorneys.

He said sending him into custody would help him between yesterday and tomorrow to find a human corner in his heart to show that he was dealing with a public entity.

Judge Mlangeni stated that if Simelane had availed himself on Friday when the court looked for him, the matter would not have taken this trajectory. He refused to entertain his lawyer’s defence, stating that Simelane was no longer facing a civil case but a criminal case.

The judge said for the better part of Friday, Simelane was nowhere to be found, even on his cell phone. This, the judge argued, showed that Simelane has zero respect for the court.

Simelane’s lawyer, Sabela Dlamini in his defence, pleaded with the judge to release Dlamini till Monday, arguing that the order for his arrest was draconian and uncalled for.

Dlamini stated that they had filed an appeal on the matter, however, the judge could hear none of his arguments. He accused Dlamini of failing to bring Simelane on Friday even after he managed to get in touch with him.

Following the warrant to have Simelane arrested on Friday, his lawyer immediately filed a notice of appeal.

irregularity
The notice of appeal mainly contended that the judge had issued the warrant without affording Simelane the opportunity to be heard, thereby violating his constitutional rights.

“The court erred in law, misdirected himself and committed a gross irregularity in issuing a warrant of his arrest without affording me a hearing,” said Simelane in his papers.

He also said the judge erred in law and misdirected himself by issuing a warrant of arrest that had not been prayed for as well as ordering his presence in court despite that he was represented.

Simelane also challenges the manner that the application for recusal is being handled by the court, ‘by continuing to preside over the proceedings before affording the appellants the opportunity to make a formal written application for his recusal’.

However, with the warrant of his arrest issued, Simelane is believed to have been taken himself to the Mbabane Police Station around 10am where he was kept for over three hours, after which he was whisked away using the police station’s back door.

During dinner times, Simelane in the company of police, was returned to the station pending his appearance at the high court, which was urgently convened by his lawyers to try and secure his freedom until tomorrow. After issuing the judgment, the judge ordered that Simelane be taken to Sidvwashini Correctional facility till his appearance tomorrow.

This followed an urgent application filed by EswatiniBank after EswatiniMed moved ahead with terminating the medical aid membership of 165 employees of the bank.

Moving for the arrest of Simelane, lawyer Zweli Jele shared the same sentiments with the judge, saying that Simelane’s actions should no longer be argued on the basis of a civil matter, but a criminal one since the entity he is principal of is responsible for public funds.

The CEO arrived at the High Court dressed in a blue tracksuit with white stripes and sneakers, escorted by plain-clothed police officers.

He did not have a problem with the media taking his pictures before and after the court, smiling at every camera capture.

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