The Commission of Inquiry which could investigate The Luke Commission (TLC) has the authority to interview employees and other relevant parties as part of its mandate to establish facts surrounding allegations of misconduct and malpractice at the institution.
This authority is expressly provided for in the commission’s terms of reference, which empower commissioners to secure the full cooperation of all employees and stakeholders, as well as obtain written statements and affidavits where necessary.
However, this provision appears to contrast with an alleged instruction by TLC management advising employees against responding to questions from members of the inquiry team.
In a recently published article, it was reported that an email allegedly sent by a TLC executive member instructed workers to refer all questions from government representatives accompanying the commission to management instead of providing information themselves.
“Under no circumstances should you respond to their questions or provide information.
You are under no obligation to respond to anything they ask you. Simply say, ‘Please speak to management’,” reads part of the email.
The email reportedly reassured employees that management and its legal team were handling the matter, while urging them to remain calm, respectful and focused on serving patients.
Workers were also advised to refer any situation in which they felt pressured or uncomfortable to the TLC management team accompanying the government representatives.
The commission, led by Dr Mbuso Dlamini as chairperson, was appointed by Prime Minister Russell Mmiso Dlamini in September following complaints from former employees concerning alleged misconduct and breaches of medical and health ethics at the institution.
The commission’s first visit to the hospital on October 1, marked an important step in the investigation.
However, TLC management subsequently approached the High Court seeking to have the inquiry declared unlawful, temporarily halting its work through an interim court order.
Even so, in a judgment delivered last week, High Court Judge Zonke Magagula dismissed the application after finding that TLC had failed to demonstrate that its board of directors had properly authorised the legal challenge.
The ruling removed the legal obstacle that had prevented the inquiry from proceeding. Still, the facility’s management took the matter back in court seeking a review of the judgment.
The commission was initially expected to complete its investigation and submit its report within four weeks, with provision for an extension where justified by the complexity of the inquiry.
However, the deadline is unlikely to be met due to the ongoing court proceedings.
According to the commission’s terms of reference, the investigation seeks to establish the facts surrounding allegations and suspected incidents of fraud, malpractice, maladministration, staff abuse and breaches of the expected ethical standards of the health profession.
It is also mandated to identify any wrongdoing, quantify losses or prejudice suffered, determine accountability and recommend appropriate corrective or disciplinary measures.
Beyond interviewing employees and stakeholders, the commissioners have the authority to investigate alleged breaches of trust, violations of professional standards governing medical practice, labour legislation and ethical obligations owed to patients and employees.
The terms of reference further empower the commission to secure and preserve evidence and recommend the suspension of processes or restriction of access where necessary. The inquiry is expected to provide an account of the alleged irregularities and recommend measures to address any wrongdoing established during the investigation.
