MBABANE – A search in the office of the registrar of companies allegedly by one of the senior health officers has allegedly revealed that the director of Funduzi Forensic Services, who deposed to an affidavit in court, purportedly resigned from the company.
Principal Procurement Officer in the Ministry of Health, Sincedile Magwaza, contended that the director, Thulani Mabuza, did not have authority to depose an affidavit on behalf of the company. She submitted that during the hearing of the matter, an application would be made on their behalf for an order striking out Mabuza’s entire affidavit on behalf of Funduzi Forensic Services. Funduzi Forensic Services is the local company that was contracted by government to conduct investigation into irregularities relating to procurement, in particular the acquisition and distribution of medicine to public institutions.
Affidavit
The allegation that Mabuza allegedly resigned from the company is contained in a replying affidavit filed by Principal Procurement Officer in the Ministry of Health Sincedile Magwaza. She informed the court that she read the affidavit that was filed by Mabuza and he wished to reply to same. “Prior to responding to the allegations contained in Mabuza’s affidavit, we are going to preliminary issued relating to the capacity and authority of the said Mabuza to depose to an affidavit on behalf of Funduzi Forensic Services,” submitted Magwaza. She brought it to the attention of the court that at the hearing of the matter, an application would be made on their behalf for an order striking down the entire answering affidavit deposed to by Mabuza.
According to Magwaza, Mabuza allegedly did not have authority or capacity to depose to an affidavit on behalf of the company. “In terms of the records at the registrar of companies, the said Mabuza resigned as both a director and shareholder in Funduzi Forensic Services (PTY) Limited on November 29, 2022,” alleged the applicant (Magwaza). She further alleged that the resignation was registered with the office of the registrar of companies on December 9, 2022. The applicant claimed that when she carried out a search at the registrar of companies on July 5, 2023, the position was purportedly affirmed. It was her contention that in view of the foregoing, Mabuza allegedly did not have authority to represent Funduzi nor did he have authority to depose to an affidavit on its behalf.
Transfer
Annexed to her papers is an alleged copy of the records of the registrar of companies as well as the confirmation of the resignation of Mabuza as a director and the transfer of his shares to Patson Mndeni Dlamini. Coming to the documents which they want to be provided with, Magwaza argued that the production of the documents that were referenced in an affidavit did not require to demonstrate prejudice. “In any event, the applicants have demonstrated that they are unable to complete their replying affidavit as they are bereft of the documents requested in terms of the notice,” submitted Magwaza.
She told the court that the appointment of Funduzi Forensic Services to carry out the forensic audit was not an issue because the application solely dealt with the production of document. Magwaza contended that the contract could not be confidential for purposes of this matter. It was further her submission that Advocate Boyce Mkhize who is part of the panel, was engaged to carry out the investigation. She submitted that the respondents referred to the documents in their papers hence they also needed to have sight of them in order to file their reply in the main matter.
