The Luke Commission says it is deeply concerned that a matter involving the organisation reached the prime minister’s office and Cabinet level without prior structured engagement with TLC.
TLC Legal Advisor and Spokesperson Zakhele Dlamini said the concern was heightened by the fact that TLC formally requested an opportunity to meet with the prime minister in November 2023, but that request was never granted.
He said TLC had continued, in writing, to seek engagement with the prime minister’s office and the Ministry of Health, precisely to obtain a better mutual understanding of the challenges affecting the organisation and to find constructive solutions in the national interest.
He said it was unfortunate that many of those requests had not resulted in substantive engagement.
He said that, in some instances, TLC received no response, was referred elsewhere or the requested engagements did not materialise.
“The PM’s office, as the head of Cabinet, would ordinarily be expected to facilitate or refer such matters to the relevant ministries and authorities before a position is publicly communicated,” he said.
Dlamini added that it was unusual and unprecedented for operational and employment-related disputes of this nature to be dealt with through Cabinet-level public communication.
He said it was deeply concerning that former employees had been afforded engagement at Cabinet level, followed by a public government statement concerning TLC, while the organisation remained unheard and had still not received the allegations or supporting material.
He said TLC did not object to government receiving or examining legitimate complaints, but was concerned that a public position appeared to have been communicated before the organisation’s response was heard.
“This is a serious matter of procedural fairness and due process. Government has publicly communicated a position affecting TLC before we were informed of the case against us or afforded a meaningful opportunity to respond through a fair and properly constituted process.
“This has exposed TLC to reputational and operational harm before the allegations have been properly tested,” he said.
He said TLC was ready, willing and available to subject itself to any impartial, independent and duly recognised body or mechanism established in accordance with the law for purposes of accountability, transparency and the proper examination of any legitimate concerns raised against it.
He said TLC had nothing to fear from a fair and impartial process and remained committed to cooperating fully with any properly constituted investigation or review.
