Times Of Swaziland: COURT HALTS 24 JUNIOR OFFICERS’ SUSPENSION, DC

COURT HALTS 24 JUNIOR OFFICERS’ SUSPENSION, DC
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Mbongiseni Ndzimandze on 15/12/2022 08:55:00


MBABANE – The national commissioner of police has been interdicted from
suspending or taking any disciplinary action against the 24 junior police
officers.
In the interim order, the court also stayed all disciplinary proceedings already
instituted against the junior police officers for their participation in or in
relation to any conduct in connection with the delivery of petitions, protests
or demands pertaining to the implementation of Phase II of the salary
restructuring exercise of Circular No.2 of 2014. The provisional order, which
was issued by Judge Zonke Magagula, came after the aggrieved police officers
moved an urgent application.  The junior officers, through their association,
were seeking an order interdicting the commissioner from proceeding with their
hearing or suspending them pending finalisation of the matters between the
parties which were still pending in court.
The National Commissioner (NATCOM) of Police, William Tsitsibala Dlamini, had
formally charged the 24 junior police with a total of seven counts which are
related to the delivery of a petition to the Cabinet Offices, among others. In
her founding affidavit, Secretary General (SG) of the Royal Eswatini Police
Staff Association, Sergeant Dumisile Khumalo submitted that in the matter under
Case No. 2023/2022  the first respondent (NATCOM) sought and obtained an interim
interdict against the applicant (Royal Eswatini Police Staff Association) and
its members from engaging in any form of petition delivery, strike action,
picketing, etcetera. She said the interim order still obtained. Sergeant Khumalo
told the court that the gravamen of the applicants’ case in the main matter
was that the delivery of petitions formed part and parcel of the lawful means of
engagement in the exercise and enjoyment of the right to freedom of association
and assembly.
Unlawful
She averred that the interdict sought by the first respondent and his
counterpart from His Majesty’s Correctional Services constituted an unlawful
and unreasonable restriction of their (junior officers) constitutionally
guaranteed right to freedom of association and assembly. “In total oblivion to
the main matters herein, the first respondent has instituted disciplinary
proceedings against applicant’s members (including myself) on the same issues
which are yet to be decided by the High Court in the main applications,”
argued Khumalo. She brought it to the attention of the court that the contents
of the charges pertained to the applicant’s members delivering petitions,
engaging in a march, wearing police uniform during their march, engaging the
press on issues of the staff association.
“The High Court is already seized with the same issues and is yet to unpack
the content of our right to freedom of association and assembly in the context
of our duties and to also jurisprudentially guide the parties as to the
enjoyment of those rights. The first respondent is itching to dismiss us, hence
he cannot wait for the due process of the law,” contended the sg.
Khumalo said another issue that was pending before the High Court was that of
the constitutionality of the first respondent’s conduct of appointing officers
who were within the bargaining bracket to preside over cases of their fellow
colleagues in REPoSA.
It was her argument that in terms of Section 67 of the Police Service Act,
membership to the association was open to every police officer below the rank of
assistant commissioner.  She submitted that the first respondent had appointed
officers below the rank of assistant commissioner to preside over their cases.
In the matter, the applicant is represented by Human Rights Lawyer Thabiso
Mavuso, while appearing for the NATCOM are lawyers from the chamber of the
attorneys general.  The matter returns to court on February 7, 2023.