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Luke Commission rejects unproven allegations, calls for due process

An aerial view of The Luke Commission facility. An aerial view of The Luke Commission facility.
An aerial view of The Luke Commission facility.

Sidvokodvo — The Luke Commission (TLC) has rejected unproven allegations circulating against the organisation, saying public statements from senior government offices should not replace lawful processes designed to test such claims.

In a press statement issued on 14 August 2026 from its Sidvokodvo address, TLC said it noted “with serious concern” the Government Press Statement dated 11 August 2026 and subsequent remarks by the Right Honourable Prime Minister before the Senate.

“The Rule of Law cannot operate on the principle that an institution must first be publicly condemned and only thereafter subjected to the lawful processes established to determine whether the accusations against it are true,” the commission said.

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TLC said allegations are not established facts and pointed out that the government’s own statement acknowledges the claims remain to be substantiated through due process.

“Their subsequent public repetition cannot alter their unproven status,” the statement read.

The commission said the Constitution and laws of the Kingdom of Eswatini provide established ministries, regulatory authorities, courts and other lawful mechanisms through which such matters must be considered and determined.

It said healthcare, professional, employment and labour matters fall within the jurisdiction of competent authorities established by law, and public pronouncements should not substitute the functions entrusted to those institutions.

“Procedural fairness requires that all affected parties be heard,” TLC said, adding that serious allegations should be properly presented, evidence objectively considered, and the affected party afforded a meaningful opportunity to respond before adverse conclusions are communicated.

The statement said statements from positions of significant public authority carry substantial weight and must distinguish between allegation and established fact.

“Public pronouncements on unresolved allegations by the country’s most senior executive office risk creating an appearance of prejudgment, undermining confidence in the independence and fairness of any process that follows, and causing serious reputational prejudice to those affected,” the commission said.

It warned that the broader precedent of publicly pronouncing upon allegations concerning institutions before statutory and regulatory processes have been followed risks undermining procedural fairness, institutional mandates and the Rule of Law.

“An allegation does not become a fact because it is serious, because it is repeated, or because it is communicated from a position of authority,” TLC said.

“No institution should first be publicly adjudged guilty and thereafter be required to prove its innocence.”

The commission said it remains committed to the Constitution, the Rule of Law and the institutions of the Kingdom of Eswatini, and asked for “nothing more, and nothing less, than the application of those same principles to TLC”.

“Allegations must remain allegations unless and until lawfully established as fact. Due process must precede public condemnation, not follow it.”

TLC said it welcomes constructive engagement and criticism that strengthens the institution and remains available to respond to any formal request through the appropriate lawful channels.

“To date, TLC has received no such formal request concerning the allegations presently being circulated,” the statement said.

The commission said it remains fully operational and will continue to conduct itself in accordance with the laws of the Kingdom of Eswatini, adding it remains focused on its responsibility to serve the people of Eswatini.

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