The High Court has stopped the government-appointed Commission of Inquiry into alleged malpractice at The Luke Commission (TLC) from conducting investigations, entering its premises, interviewing its employees or accessing its documents and data pending the determination of the healthcare institution’s legal challenge.
The interim order, granted by Judge John Magagula on Wednesday also suspends the implementation of Legal Notice No. 144 of 2026, which established the Commission of Inquiry to investigate allegations of malpractice at or concerning TLC.
The order effectively brings the inquiry’s activities to a halt, with the commission’s Chairman Dr Mbuso Dlamini and its members prohibited from taking any further steps in pursuit of their mandate insofar as it concerns the healthcare institution.
The court further issued a rule nisi calling upon government and the other respondents to show cause on November 10, why the decision to establish the commission should not be reviewed and set aside. The matter was brought by TLC as the applicant against the minister of health, the principal secretary (PS) in the ministry, the prime minister, the secretary to Cabinet and several individuals appointed to the commission of inquiry.
The respondents cited in the proceedings are the minister of health as the first, the PS as second, the prime minister as third, the secretary to Cabinet as fourth, Dr Mbuso Dlamini, Sabelo Masuku, Nelisiwe Vilakazi, Thabiso Dlamini, Zanele Nxumalo, Thabang Masangane, Behlule Ndlela, Ncamsile Vilane, Dr Makhosini Mabuza, Nomsa Dlamini-Shongwe, Bheki Ndzinisa, Dr Nondumiso Ncube, Simo Msibi, Kenneth Mduduzi Mbingo and the attorney general.
According to the court order, the restrictions apply to the eighth respondent, Sabelo Masuku, in his capacity as chairman of the Commission of Inquiry, and the sixth to 18th respondents in their capacities as members of the commission. The order was granted by consent after the court heard submissions from lawyers representing TLC and the respondents. In terms of the order, the Commission of Inquiry is prohibited from conducting or continuing investigations into alleged malpractice by TLC under Legal Notice No. 144 of 2026.
It is also prohibited from entering the institution’s premises to pursue investigations under the gazetted notice.
Furthermore, the chairman and members cannot interview or interrogate TLC employees or members, access or seize any documents or data belonging to the institution, or take any other steps in furtherance of the commission’s terms of reference.
The court also suspended the operation and implementation of Legal Notice No. 144 of 2026 insofar as it establishes, constitutes, authorises or mandates the Commission of Inquiry to investigate allegations of malpractice at or concerning TLC.
This suspension will remain in force pending the final determination of the institution’s review proceedings and/or the return date of the rule nisi. TLC is seeking to have the government’s decision to establish the Commission of Inquiry declared unlawful, invalid and irrational.
In its application, the institution wants the court to review and set aside the decision by the first to fourth respondents to establish the commission to investigate its affairs, operations and conduct. It is also seeking an order setting aside Legal Notice No. 144 of 2026 insofar as it authorises the commission to investigate allegations of malpractice at or concerning the institution.
The healthcare institution further wants the court to declare the establishment of the commission unlawful, invalid, irrational and liable to be reviewed and set aside.
The application also seeks to have all consequential decisions, directives and actions taken pursuant to the establishment of the commission reviewed and set aside. Although the interim order temporarily stops the investigation, the legality of the government’s decision to establish the commission is yet to be finally determined.
