Times Of Swaziland: CSC CHAIRMAN OVERRULES CABINET IN PS SALARY SAGA

CSC CHAIRMAN OVERRULES CABINET IN PS SALARY SAGA
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Ntombi Mhlongo on 23/02/2025 08:23:00


MBABANE – The CSC Chairman, Simanga Mamba, has overruled a directive from
Cabinet, which ordered the reinstatement of Principal Secretary Sipho
Tsabedze’s salary and all his benefits. This publication has seen a letter
written by Mamba to the Ministry of Public Service, which is a response to a
recommendation the ministry had made following the directive from Cabinet. In
the letter, Mamba said the CSC wants to state clearly that a decision for the
compulsory retirement of Tsabedze was issued. Mamba said the commission’s
decision was affirmed by the Industrial Court.
Decision
“We state further that the decision of the commission and that of the
Industrial Court has not been set aside and or reviewed by the Industrial Court
of Appeal or the High Court,” reads of the letter. Mamba said the notice of an
appeal by Tsabedze does not stay or suspend the operation of the commission’s
decision. He said the commission as a constitutional body with quasi-Judicial
powers issued a decision and directives in the matter.
“The commission is not aware of any appeal noted in this matter. The
expectation is that all parties respect the operation of the law. The directive
by the Secretary to Cabinet is unlawful and ultra vires. The Secretary to
Cabinet cannot in law review the decisions of the commission,” Mamba said.
Elaborating, he said decisions of the commission are only reviewed and or set
aside by the superior courts. Furthermore, he said, the continued payment of
salary to a retired officer is unlawful and amounts to an audit query.
“All parties here are urged to respect the decision of the commission and
await the court’s process. I hope this guides all parties accordingly,”
stated the CSC chairman. Drawn for comment last night, Mamba declined to
comment. Richard Phungwayo, the acting Principal Secretary of the Ministry of
Public Service, said they were aware of the letter, but would not discuss its
contents because the case is still pending in court.
The Times of Eswatini recently revealed that there is confusion at the Ministry
of Public Service regarding the state of employment for Tsabedze.Tsabedze is
currently not working following a ruling by the Civil Service Commission (CSC)
that his last day at work was February 3, 2024. He contested this decision in
the Industrial Court, where it is pending.
Our sister publication reported that parallel to the court case, there has been
a new development as staff at the Ministry of Public Service has sought the
CSC’s guidance and protection following conflicting directives regarding the
salary and benefits of Tsabedze.
Delivered
The saga, it was reported, began with the CSC’s letter dated January 30, 2025
and a court judgment delivered on February 3, 2025 (Case Number 12/2025), which
led the ministry to reverse its decision concerning Tsabedze’s date of birth.
The ministry was said to have duly implemented the CSC’s directive and the
court’s ruling. However, on Wednesday, February 12, 2025, a new directive,
issued by the Secretary to Cabinet, Vincent Nxumalo, following a meeting at the
Prime Minister’s Office, ordered the reinstatement of Tsabedze’s salary and
all his benefits.
Attendees at this meeting were said to have included the Minister for Public
Service, Mabulala Maseko, the Acting PS, Richard  Phungwayo, the Director of
Personnel Administration, Bhekinkhosi Tsabedze, Phindile Dube, Housing Officer
and Gugu Ginindza, PHRO Staffing and Complement Control. During the meeting, it
was allegedly emphasised that staff was under the minister for Public Service,
not the CSC’s supervision. It was reported that the acting PS was also
informed that they had erred in implementing the CSC’s directive without the
substantive PS’ and the minister’s instruction.
Correspondence
It was also reported that there was correspondence which detailed that a request
for a formal instrument regarding the PM’s directive was forwarded while also
a plea that the CSC be informed was extended. It was further articulated that
assurance that a meeting with the CSC was planned and that staff should not be
concerned. However, later on, a directive instrument from the Secretary to
Cabinet was reportedly received by the ministry and routed to the Staffing and
Complement Control Department. The secretary to Cabinet then reportedly
telephoned the PHRO, instructing them to implement the PM’s decision, which
the department, despite the CSC’s directive and the court judgment, felt
compelled to do.
As reported by our sister publication, Tsabedze lost his legal battle to
postpone his retirement after the Industrial Court ruled that his retirement
date was on February 3, 2025, despite his claim that he should retire in 2027.
Tsabedze’s case hinged on disputed birth dates. While he initially provided a
date of February 3, 1965, upon joining the civil service in 1988, he later
claimed his actual birthdate was November 27, 1967. He corrected his birth
certificate in 2021 and his government employment records in 2022, citing
information received from his mother in 1998. This change would have pushed his
retirement to November 2027. However, the CSC investigated the change and found
a confusing array of birth dates in Tsabedze’s records, including February 3,
1964, and January 1, 1963, in addition to the contested 1965 and 1967 dates.
Determined
The CSC ultimately determined that the original date of birth provided in 1988
should stand. Tsabedze challenged the CSC’s decision, arguing they lacked the
authority to review the change to his birthdate and that their investigation was
unreasonably delayed and unfair. He claimed the change was authorised under
General Order 9(2). The court, however, sided with the CSC. Industrial Court
Judge Abande Dlamini, presiding over the case, found that the CSC had the
authority to review the change, especially as the initial change was made by
Tsabedze’s subordinate, creating a conflict of interest.
The court also dismissed the claims of unreasonable delay and unfair process,
noting that Tsabedze had been given an opportunity to explain the discrepancies
in his birth records.
The judgment highlighted Tsabedze’s lengthy delay in correcting his birthdate,
raising questions about the timing of the changes. It also pointed out that
Tsabedze had not exhausted other options offered by the CSC, such as presenting
exceptional circumstances for a later retirement date or seeking post-retirement
employment.
Dismissed
The court concluded that Tsabedze’s case lacked merit and dismissed his
application.The ruling confirmed his retirement date as February 3, 2025. Just
hours after a judgment concerning his position was delivered, Tsabedze filed an
urgent application seeking a stay of execution on the ruling. Tsabedze appealed
a recent decision that dismissed his application to overturn a ruling by the
Civil Service Commission. In his appeal, Tsabedze contended that the Industrial
Court erred in its dismissal of his application and is asking the Industrial
Court of Appeal to intervene. The urgent application seeks to put a hold on the
implementation of the dismissal ruling while the appeal process is underway. 
The outcome of this legal challenge will determine Tsabedze’s future in the
Ministry of Public Service.